Former cop indicted; 3 he arrested are cleared
By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

Eddie Gilfillan and Leonard Tinnin were able to crack some jokes and share some laughs Tuesday afternoon, even about things that usually wouldn't be funny.

A ruptured eardrum has left Tinnin deaf in one ear, for instance, and he said his doctor advised him he could consider a hearing aid. "But that would make me look old," Tinnin replied with a laugh.

Ask Tinnin how he got the ruptured ear drum and he will jokingly say it happened when he was struck in the thigh with a police baton.

On Dec. 16, Gilfillan and Tinnin, who are co-workers and friends, were two of three people arrested at Benna's Sports Club in Gaffney by former Gaffney Police Sgt. Scott Tallent.

Early that morning, Gilfillan, 55, of Blacksburg, was accused of shoving the officer while Tinnin, 49, was accused of assaulting and choking him. A third man, David Cobb, 32, of Gaffney, was locked up with them because the officer claimed he was disorderly and resisted arrest.

Almost immediately after the incident, though, witnesses came forward to complain about the officer's actions and use of force. Gaffney Police Chief John O'Donald turned the matter over to the South Carolina Law Enforcement Division and SLED's findings, which were sent to the state Attorney General's Office, resulted in two recent outcomes:

- All the charges Tallent filed against Gilfillan, Tinnin and Cobb have been dismissed by the 7th Circuit Solicitor's Office.

- And on Thursday, the state Attorney General's Office obtained a grand jury indictment against Tallent on a misdemeanor charge of misconduct in office.

The indictment claims, in part, that Tallent, "did willfully, dishonestly and with bad faith and corrupt intent, engage in acts and/or omissions of misconduct in office." Bar owner Belinda Thompson said she was happy the three men's names have been cleared.

"I saw it all," she said. "I'm just glad justice was served."

Thompson believed she was one of about 27 people interviewed by SLED.

Among those interviewed were Gilfillan and Tinnin, who met with SLED agents at the Blacksburg Police Station to tell their side of the story.

The incident report filed against them had painted Gilfillan as being disorderly enough to warrant being sprayed in the face with pepper spray, and Tinnin as one who walked up and sucker punched the officer in the mouth and then tried to choke the officer during an ensuing struggle.

Both men said they never laid a hand on Tallent.

Gilfillan remembers Tallent approaching him near the bar's doorway and asking, "Sir, are you intoxicated?"

Several people walked by and Gilfillan said he turned his attention before replying, "Do I look intoxicated?"

As he turned his head back towards Tallent, Gilfillan said he was blasted in the face with pepper spray.

Tinnin said he was talking to a woman at the time and saw some people and Gilfillan near the front door. His friend was covering his eyes and he knew something was wrong. As he turned toward them, Tinnin said he got sprayed in the face and he felt a "bang" on his head.

"The next thing I knew, I was on the floor trying to catch my breath and there was some guy on my back," Tinnin said.

Gilfillan had made his way to the restroom to wash out his burning eyes. It was while the officer was trying to reach Gilfillan that the officer claimed Cobb became disorderly, too.

Cobb couldn't be reached for immediate comment Tuesday evening about the clearing of his name, or his account of what happened.

All were locked up at the Cherokee County Detention Center early on Dec. 16, which was a Sunday. None were able to get before a magistrate for a bond hearing until about noon Monday.

"He (Tinnin) was in bad shape," Gilfillan said. "He couldn't breath. He couldn't walk. He couldn't hear at all out of his left ear."

Tinnin didn't get to see a doctor until after his bond was posted and he was released from jail Dec. 17, the men said.

The incident report filed by the officer described a struggle between Tallent and Tinnin and the officer's use of a baton just once on Tinnin's thigh.

Tinnin said he remembers at least two strikes, including one to the head and one to the thigh.

A cell phone video camera was used to record the incident and a copy of the video was turned over to SLED.

Almost six months after their arrest, both men were relieved to have their names cleared. But both said these past few months have been trying.

"People that knew me never believed a word of it," Gilfillan said. But Gilfillan said Tinnin, who has only lived in the area for about three years, had it tougher.

"(People) didn't know him," he said. "People get the wrong impression about you."

Neither man could say what will happen next, though Gilfillan said his friend does have medical bills and treatment to consider. Their attorneys could not be reached for comment Tuesday.

Both men said they still have questions they'd like answered.

"I really hope that (this) never happens to anyone else in Gaffney, or anywhere else," Tinnin said.

Tallent retired from the Gaffney Police Department several weeks ago. His number is not listed in a local directory.

It wasn't immediately clear how the charge against Tallent will proceed. Questions sent to an Attorney General's Office spokesman about the case were not answered on Tuesday.

A legal source explained that charges brought through direct indictment, as opposed to a warrant, are handled by the Circuit Court as opposed to a magistrate.

Both Gilfillan and Tinnin have been back to Benna's a few times since the incident. They've even contributed to a police-related fundraiser Thompson started to help the CrimeStoppers program. Thompson has been selling paper badges that people can sign and hang on the walls of the bar.

The money raised will go to the Cherokee County Sheriff's Office's anonymous tip line.

Tinnin said he bought several.