Family alleges that Chattooga County deputies used excessive force

A Chattooga County family is accusing law enforcement of abusing their loved one rather than helping him following an ATV accident.

Christopher “JJ” Cunningham Jr. wrecked his ATV on State Line Road in Menlo on May 16th. A call was made to 911 indicating JJ had suffered from a head injury due to the ATV accident.

When the EMS crew arrived, the police incident report indicates JJ hit one of the EMS crew, resulting in them calling for law enforcement back up.

What followed was complete chaos. JJ was placed in a headlock, tased, and thrown to the ground by the responding law enforcement according to the Cunninghams’ attorney, Terance Madden.

The family pleaded with the authorities saying that JJ had a head injury during the struggle.

Three of the family members, the mom, sister, and dad were all arrested and booked into jail as JJ was transported to the hospital.

AllOnGeorgia spoke with attorney Madden, “JJ’s condition has not changed, he has two skull fractures and two brain bleeds,” Madden said.

Madden said he had received the police report and he and his team are currently evaluating the documents and preparing for next steps.

Deputies indicated in the incident report that Cunningham hit the EMTs, refused treatment, was belligerent and had an odor of alcohol on his breath.

“The aggressiveness with three and four officers on him, tasing him multiple times. You are exacerbating anything that is going on,” Madden said. “They took his mom, sister, and dad all to jail.”

Madden says deputy training is obviously needed.

Chattooga County Sheriff Mark Schrader has issued the following statement:

On May 16, 2024, shortly after 7:30 p.m. Deputies were advised of a call on State
Line Road in Cloudland where 911 had dispatched EMS and Fire in reference to a subject
falling off of a four-wheeler. Shortly thereafter, Deputies were advised that EMS needed
them to respond quickly due to an EMS worker being assaulted. Deputy Reynolds arrived
on the scene first and was met by an EMS worker who stated that the individual had
struck him in the face and had possibly broken his jaw.
Deputy Reynolds was directed towards the ambulance where the individual,
Christopher Cunningham Jr. was. Deputy Reynolds noticed that the stretcher was located
outside of the ambulance and Cunningham was inside with a family member. Deputy
Reynolds and the family member were able to talk Cunningham into walking out and
sitting on the stretcher. Cunningham sat on the stretcher for only about a minute before
trying to get up and yelling to “Get it off me” and grabbing his ear. Cunningham
continued to attempt to get up as Deputy Reynolds attempted to gain control of him but
was unsuccessful. Deputy Reynolds noted that the subject appeared to be intoxicated and
he could smell the alcohol coming from him. Cunningham bit Deputy Reynolds and the
bite broke the skin and caused bleeding. Several other units arrived and were finally able
to restrain Cunningham. Deputies used several different techniques including an
electronic control device (taser) to attempt to gain the compliance of Cunningham. At one
point, after the taser deployment, Cunningham stated “that sh*t don’t hurt me”.
Cunningham was eventually transported to the hospital by EMS. Deputy Reynolds was
treated at the ER for his injuries.
Several other people were arrested during the incident for obstructing law
enforcement while performing their duty. The next morning, I was briefed on his medical
condition and the possibility that he had obtained a head injury from the four-wheeler
incident. I determined that we would continue the investigation and evaluate
Cunningham’s condition before determining which charges to place on him.
An internal evaluation of the use of force by deputies is being conducted to ensure
the deputies acted within the scope of our policies. We train to use only that amount of
force which is necessary to effectuate the arrest of an individual or, where safety and
protection are concerned, to bring that individual into compliance. Media outlets, that
requested the report, were given a copy of the report that contained much of this
information earlier yesterday.
– Sheriff Mark A. Schrader

Video footage: https://fb.watch/si0nZIiEQj/

CHATTOOGA COUNTY S.O. -INCIDENT REPORT PUBLIC COPY
INITIAL REPORT
CASE NUMBER
2024-05-34076
CAD NUMBER
Statement Time
0309
Narrative
So14 Jonathon Reynolds 05/17/2024 0418
Report ID: 20240524121934000022806
Reporting Officer
So14 Jonathon Reynolds
Statement Date
05/17/2024

On the date of 05/16/2024, at or around 1949-2122 hours, I, Deputy Reynolds, was heading south on Highway 27 at the water treatment plant in Trion, Georgia, when Deputy Bell and Deputy Whitworth were dispatched to a call on State Line Road in Menlo, Georgia, and to respond quickly due to a paramedic being assaulted. They answered that they were still busy on a domestic call and that I would be the fastest responding unit. I called via radio to dispatch to show me the route of running emergency traffic to the state line road, and my estimated arrival time would be around 10 to 15 minutes. I arrived on the scene at 1957 hours and was approached by two EMS paramedics ( Ken Bruce and Marcus Desmond). Mr. Bruce stated, “The guy had gotten into an accident on a four-wheeler, and when we tried to help. He hit me in the face, and I think he broke my jaw!” I asked, ” Where is he now?” Mr. Desmond said, “He is in the back of the ambulance!” At this point, I could hear a male yelling in the back of the ambulance, and I noticed the stretcher was outside the ambulance. As I walked closer, I could see the male (Christopher Cunningham JR) in the back and a female, later identified as his sister (Khari Villegas), trying to talk with him and calm him down. I could also smell the strong odor of alcohol coming from Mr. Cunningham, and with his demeanor, I also suspected he may be under the influence of narcotics. I walked up to them and told them that we needed to get him on the bed so EMS could check him since he had been in an accident.

Ms. Villegas and I walked Mr. Cunningham over to the stretcher, had him take a seat, and then had him lie back on it. Mr. Cunningham lay on the stretcher for about a minute before he sat back up and tried to stand up again. Ms. Villegas repeatedly told him, “No! You need to go to the hospital.” Mr. Cunningham became belligerent and repeatedly yelled, ” Get it off me!” while grabbing his ear. Ms. Villegas started rubbing his ear and saying, ” I got it off.” Mr. Cunningham pushed her away violently, moving her several feet away, and attempted to stand off the stretcher again, screaming, “Get the conversation off me!” I grabbed his left arm and shoulder in an attempt to keep him on the stretcher, and Mr. Desmond tried to help by holding his right arm. While I was able to place one of his hands into a set of handcuffs, Before Mr. Desmond could get his grip on the other arm, Mr. Cunningham pulled away his arm and swung it back to strike Mr. Desmond with his elbow but missed.

I then grabbed Mr. Cunningham by the collar of his shirt while still holding onto his shoulder. I pushed him back over the stretcher to where he was lying sideways on the stretcher with his back and head off of one side and his legs off the other, trying to hold him off balance until other Law enforcement personnel could arrive. Mr. Cunningham was able to sit straight up and began to stand. I then took Mr. Cunningham to the ground, wrapping my right arm around his face and eyes and locking his legs into place with mine. I was positioned with my back on the ground, and Mr. Cunningham’s back was lying on top of my chest. Georgia State Patrol Officer 0136 (Cody Cantrell) arrived, and we attempted to roll Mr. Cunningham onto his belly. During this, I released part of the hold I had on his head, and Mr. Cunningham began to bite my hand, breaking the skin and causing it to bleed, while also using his hands to claw my left arm, causing it to bleed as well. I was able to remove my hand and arm from beneath Mr. Cunningham and attempt to pull the cuffed hand out and place it behind his back. Mr. Cunningham fought us, and GSP Cantrell and I could not restrain him. I then drew my taser and told Mr. Cunningham to stop fighting and place his hands behind his back, or he would be tased.

Mr. Cunningham refused to comply and continued to fight us. I yelled, “Taser, Taser, Taser!” and deployed one cartridge into the back of Mr. Cunningham. It was ineffective, and we continued to fight Mr. Cunningham, who could almost stand even with the weight of two officers on his back. I again told him to stop fighting, or he was going to be tased again. To which Mr. Cunningham said, “That shit don’t hurt me!” I again Said, “Taser, Taser, Taser!” and deployed the second cartridge to Mr. Cunningham’s back, gaining a broader spread in the hope it would be more effective. However, again, it was ineffective. Other officers arrived and tried to help restrain Mr. Cunningham, and Deputy Villagomez attempted drive stunning Mr. Cunningham which was also ineffective, and Mr. Cunningham could continue to fight and resist five total officers, and he was almost able to stand with our combined weight holding him down. While the other officers were able to hold him in place for a few moments, GSP Cantrell and I were able to cuff the subject in the front of his body because the amount of resistance made it impractical to try and continue to place the handcuffs in the back. Once secure, Mr. Cunningham was placed on the stretcher, and paramedics used restraint straps to hold him in place.

Ems then loaded Mr. Cunningham into the ambulance and transported him to Floyd Hospital in Rome, Georgia. Two witnesses (Alison Blackmon and Mahealani Taylor) volunteered to give written statements on the incident. I had them fill out the reports and ask if they had been injured due to the incident. They both stated, “NO!” I was then ordered to go to the emergency room in Trion, Georgia, to have my injuries checked. The incident was recorded on my BWC from the moment I arrived on scene. -End Of Report