NORTH CHARLESTON (WCSC) - A man has filed a wrongful arrest lawsuit against the North Charleston police department.
The lawsuit states that in June 2016, Thomas McDonald Boxx Jr was standing on top of a large pavement vehicle belonging to his employer behind 7800 Rivers Avenue. A man came up and began looking in his truck before running away when he saw Boxx.
Boxx then grabbed his handgun in the truck and made sure it was loaded before putting it on the center console. The man then appeared again and approached, but Boxx told him to stay back, according to the lawsuit.
He then ran off again and notified a military recruiting office nearby that someone pulled a gun on him. Officers interviewed the man and he told officers he never saw a gun and never mentioned one being presented to him by Boxx, the suit stated.
Police then interviewed Boxx, who verified the man's story, but he was still arrested for presenting a firearm according to the lawsuit. Boxx was released on bond, the lawsuit said.
The suit stated that body cam video showed that the arresting officer misrepresented the facts and did not have probable cause to make the arrest and the charges were dismissed against Boxx.
Boxx is claiming malicious prosecution, false arrest and negligence.