Bluffton Officer Disciplined Following Councilmember Arrest
In a recent update from Bluffton, a police officer has been disciplined for unprofessional conduct during an arrest of Town Councilmember Bridgette Frazier earlier this year in March. Officer Brian Nelson was quoted by his department as saying “You’re my hero” over the police radio, leading to his current disciplinary status.
Details of the Traffic Stop
Frazier was traveling at a speed of 21 miles per hour over the speed limit when she was pulled over by Officer Richard Ramirez. According to the South Carolina Department of Motor Vehicles, Frazier’s driving record suggested her license was suspended due to failing to pay a traffic ticket—a claim that was later found to be erroneous. Despite correcting previous violations, Frazier’s DMV history does list five suspensions since 2015.
Ramirez, following protocol, radioed his chain of command to escalate the situation, given Frazier’s public status. This is when Officer Nelson made his comment which later led to his disciplinary action. Nelson defended his statement by explaining he was responding to the listed violation, not to the fact Frazier was the one being pulled over.
A $2 Million Claim and public response
Following the arrest, Frazier secured representation by State Representative Tiffany Spann-Wilder and lodged a demand for a $2 million payment from the town she serves. Spann-Wilder highlighted the town’s liability for negligence, negligent supervision, false arrest, and false imprisonment in respect of her client’s ordeal.
Mayor Larry Toomer referred to the incident as “rare from every angle” in a town press release following the announcement of the monetary claim. He did not, however, make any reference to Nelson’s disciplinary arrangments.
Criminal Policy Revisions
Details of the policy of the Bluffton Police Department have come into question following the incident. Spann-Wilder argued that instead of incarceration, the authorities should have issued Frazier a courtesy summons. The Police Department’s policy does allow for arrest alternatives like this if the subject doesn’t have a past history of failing to appear in court.
Chief Joseph Babkiewicz stated that failing to pay tickets also falls under this provision, requiring officers to arrest individuals for misdemeanor offenses when such a history exists. However, Frazier’s argument is that the policy should not apply to individuals driving under suspension because the Police Department’s code does not have a section specific to that infraction.
The Insurance Reserve Fund, a state agency acting as a liability insurance company for local governments in South Carolina, has been called in to handle the case as the town’s policy is capped at $1 million, falling short of Frazier’s demand.
