Charles Toney: 5 Fast Facts You Need to Know

Civil rights lawyer Lee Merritt has taken the case of Charles Toney who is seen in a video posted to Facebook being beaten by a Hamilton County Tennessee Sheriff’s detective.

It’s reported that Merritt plans on filing a civil rights lawsuit against HCSO detective Blake Kilpatrick and possibly the department itself.

Toney, a rapper who goes by the name InterstateTax and is known as Ace Boogie on Facebook, was arrested on outstanding warrants on Dec. 3. Toney says he suffered serious injures. His lawyer says the incident was an assault by a law enforcement officer.

Here’s what you need to know:


1. Police Claim Toney, Who Had a Warrant, Was in Possession of a Blunt. They Arrested & Handcuffed Him. Then the Violence Began

Hamilton County Sheriff Jim Hammond said his officers were attempting to arrest 24-year-old Toney on a warrant related to a October grand jury indictment for drug charges.

Hamilton County Sheriff’s detective Blake Kilpatrick and at least three other officers including at least one from the ATF, were serving warrants when they saw Toney with what they allege was a blunt. Local media reported that the marijuana cigar was tossed by Toney but was never found.

The police report indicates officers put Toney under arrest and “gave fist strikes to his back area” to get him to put his hands behind his back so they could handcuff him. According to the report by Kilpatrick, Toney attempted to reach into his pockets and continued even when told to stop. In the video Kilpatrick can be seen forcing Toney to the ground. The report states that Toney said she could not breathe and he was stood back up. It’s at this point, reports indicate, the Facebook video begins.

Kilpatrick takes Toney back down, drags him and punches him several times and kicks him at least one time. Kilpatrick said Toney bit his finger. In the video, Kilpatrick can be seen punching the man in the mouth. Police claim Toney spit at Kilpatrick.

Kilpatrick said he “delivered a first strike” to prevent Toney from assaulting him. He also wrote that he was concerned that Toney had a weapon.

The man was handcuffed throughout the entire episode.


2. Civil Rights Attorney Lee Merritt Insists The Incident Was Less an Arrest Than it Was an Asasult

“What your watching is not an arrest— it is a violent assault by a known predator. #BlakeKilpatrick is a notorious police officer with a pattern and practice for excessive and unnecessary force. He should have been stripped of his badge a long time ago. He belongs in jail cell.

#CharlesToney contacted my office over the weekend about the events that occurred during his arrest on a simple warrant. He bonded out within hours. But not before suffering a collapsed lung, broken nose, multiple broken ribs, a broken finger and several abrasions and contusions that occurred during a violent and criminal assault. We don’t only want his badge. We want him behind bars. We demand it. Let’s go to work.”

A ‘Justice for Police Brutality Victims’ event was held at the Chattanooga City Council Tuesday night.

“December 3, 2018 local artist Interstate Tax (Charles Toney) was brutally beaten by Hamilton County Sheriff’s while handcuffed. 2018 has been filled with continual cases of police abuse of power even including the Chattanooga Police Department. It’s time to demand Community Control from our council by establishing an Independent Community Oversight Board over the CPD! It’s justice or else!”

It was reported that City councilors walked out of the meeting after protests erupted.


3. Toney Claims he Suffered a Collapsed Lung, Broken Finger, Broken Nose & Broken Ribs. The Rapper Maintains His Music in Part Motivated the Alleged Attack

In a Facebook video posted Sunday, Dec. 8, Toney claimed he suffered numerous injuries as a result of the beating.

Sheriff Hammond was reported to have said Toney did not require medical attention after the arrest.

“He was examined by the on-staff nurse at the jail who found that he was fit to continue to be booked,” the sheriff was quoted as saying. “There [were] no injuries that required hospitalization, stitches or any further treatment at the hospital.”

In an earlier post, he said felt as if Kilpatrick was trying to kill him.

He also repeated several times that he believes his music: “I got a collapsed lung, broken finger, broken nose, and broken ribs. Attention This What Comes With Being A #Chattanooga Artist.”

“They Never See The Good In A King ?That’s What Hurt Me Most ?”


4. Sheriff Hammond Says He’s ‘Alarmed When The Citizens Raise a Question as to Our Behavior as Police Officers’

In a joint press conference with the Chattanooga NAACP, Hammond said Kilpatrick “is on desk duty, he’s been pulled off the main line until after this investigation. any time there’s this level of concern it’s better t put the officer in a neutral position.

Hammond said, “Certainly, I’m always alarmed when the citizens raise a question as to our behaviour as police officers. I hold it very personal to me that we follow protocol. Protocol is there for a reason in any sheriff’s office. Any time we see something that raises suspicion, I want a thorough investigation to see, ‘Is it what it seems to be?’ Again, I caution the public. So often we only see certain portions of videotape. But the one thing is unmistakable. He was in handcuffs.”

Initially, the case was turned over to Hamilton County District Attorney Neal Pinkston’s office and later Hammond said it’s since been referred to the U.S. Department of Justice.

NAACP chapter president Dr. Elenora Woods said they’d be “working with the sheriff’s department to make sure justice is served in this incident.” She added that while all the detail s were not yet known, “…we can assure you that we will not rest if injustice has occurred. If it has occurred, we will be on top of it.”


5. In His Capacity as a Sheriff’s Deputy, Kilpatrick Was Named in a $40 Million Wrongful Death Lawsuit

Local media reported that in 2017, Christopher Dalton Sexton, 29, ran from police who were trying to stop him for being in violation of a restraining order. When forced off the road, Sexton allegedly jumped out of his car and pointed a gun at police who fired. Kilpatrick was one of this officers and was named in a $40 million lawsuit.