A new trial has been denied by the judge who handled a previous trial awarding a man $150,000 for malicious prosecution in November.
During the civil suit he won, Russell Shane Carter said he was arrested by York County Sheriff’s Office deputies and charged with assault when another man attacked him in his home.
Prosecutors dropped the assault charges weeks later, but Carter and his lawyers claimed he was the victim of malicious prosecution before he was awarded the $150,000 verdict.
Lawyers for the sheriff’s office claimed the amount was “grossly excessive” for only “emotional” injuries and requested a new trial, according to court documents, but the request was denied by trial judge John C. Hayes III.
During the assault, Carter was sucker-punched by another man before Carter hit the man with a bat, police reports show. Carter was charged by police after the other man was injured. During the civil trial, lawyers for Carter argued he had right to stand his ground. He also had to pay bond to be released from jail and had to pay legal fees from the case.
The sheriff’s office now has 30 days to appeal the decision and verdict by the jury to the S.C. Court of Appeals.
