Is ex-Rock Hill policeman a scapegoat or did he use too much force? The lawyers’ debate.

The lawyer defending Jonathan Moreno said Monday in court that the city and prosecutors are trying to make Moreno a scapegoat.

Moreno, 35, is the former Rock Hill police officer accused of misdemeanor assault in the controversial arrest of Travis Price, who is Black.

Prosecutors said Moreno drove Price’s face into the concrete in an unjustified use of force. The prosecutors said Price had done nothing wrong.

Moreno’s trial started Monday in York County magistrate court. He is charged with misdemeanor, third-degree assault and battery. Moreno has pleaded not guilty.

Moreno arrested Price on June 23 in a Rock Hill parking lot. The controversial arrest sparked three nights of race-related protests after a video of the incident was posted on Facebook and viewed by thousands. Protesters took to downtown Rock Hill streets and clashed with law enforcement.

Moreno’s use of force has come under question since the incident where Travis Price’s brother, Ricky Price, was arrested during a traffic stop. Ricky Price was accused of having drugs and a gun in his car.

Moreno, who had 10 years of service, was fired and charged two weeks after the incident.

Moreno testifies

Moreno testified in his own defense Monday afternoon. He said he did not know Travis Price at the time of the incident and did not know other officers had given Price permission to get his brother’s jewelry. Moreno testified he had no knowledge that Travis Price was not a threat.

“My only mindset was to control this individual,” Moreno said. “I had an unknown person behind officers. My understanding of the scene is different than anybody else.”

Moreno testified he saw Travis Price approach Ricky Price.

“I see (Travis Price) had a clenched left fist,’ Moreno said. “I reached for his left wrist and he pulled away from me.”

“He (Travis Price) didn’t just back up ... I held onto his shirt to make sure this thing didn’t get out of hand.”

Moreno said the only way to get Travis Price’s arm down was to throw him off balance. Meanwhile, Ricky Price began to fight with other officers nearby, video shows.

“As I take him down to the ground, I see this fight ensue and Ricky Price is fighting officers,” Moreno testified.

Moreno testified he grabbed Travis Price’s neck to maintain a dominant position.

Moreno said he made verbal threats to Travis Price such as “fight” and threats about use of a police dog to bite him, but later realized he used a poor choice of words. Moreno testified he used the words and threats while on top of Price to try and handle the situation.

Moreno testified that he later felt alone due to treatment by the Rock Hill Police Department, which had fired him.

Travis Price testifies

Price, 34, was the first witness to testify Monday. He testified he was roughhoused and treated badly. He testified he saw his brother had been pulled over. He parked and went to retrieve the items as police had said he could do.

Travis Price has no criminal record.

“I walked up to get my brother’s stuff,” Travis Price testified. “They just gave me commands to come get it.”

Other officers are telling Moreno that permission had been granted, the video showed.

The video from Moreno’s body camera also has audio where Moreno is heard shouting the word “fight,” and telling Price to quit crying.

Moreno told Price he would go to jail, despite Price saying he had permission to be there.

“I was not resisting,” Travis Price testified. “I was moving backwards.”

“He was up on me. He was pushing my face down in the concrete. I remember him telling me about the (police) dog, telling me it could bite me in the face. I never resisted.”

Prosecution’s case

In his opening statement Monday, 16th Circuit Solicitor Kevin Brackett told a six-person jury that Moreno took Travis Price to the ground and arrested him for no reason.

“In America, no man is above the law,” Brackett said. “(Police) don’t have the right to light up some citizen.”

Everything that happened is on police video and other video, and shows Moreno broke the law, Brackett said. Police and store surveillance video that showed the incident were played in court.

Travis was at that site on June 23 because he was told he could collect his brother’s jewelry and other items, Brackett said.

Moreno grabbed Travis Price by the shirt and backed him into a gas tank, Brackett said. Other officers called out to Moreno but Moreno took Price to the ground, Brackett said. Price had done nothing wrong and he followed instructions, Brackett said.

“The next minute he’s on the ground with Moreno pushing his face into the concrete,” Brackett said.

This was unjustified use of force, Brackett said.

Travis Price was charged with hindering police and jailed overnight. The charges were later dropped.

“There is no evidence at all to support that charge,’ Brackett said. “Travis Price did nothing wrong.”

Defense’s case

Creighton Coleman, one of Moreno’s lawyers, said in his opening statement that Moreno has been targeted by Rock Hill to take the burden of the well-publicized incident and protests.

“Jonathan Moreno is being made a scapegoat by the city of Rock Hill,” Coleman said.

Moreno did not know Travis Price, Coleman said.

Only after Ricky Price fought with police did Moreno go to Travis Price and detain him, Coleman said. Moreno did not know that other officers had given Travis Price permission to receive the jewelry, Coleman said.

“All heck broke loose,” Coleman said. “It was chaos.”

Coleman said Moreno approached and pushed Travis Price, and he pushed back. Coleman said Travis Price did not cooperate with Moreno.

On July 7, Moreno was told he would be fired and arrested. In that meeting, Brackett told Moreno he needed to apologize. That apology was made on video at a July 8 news conference.

Moreno said he had no problem later apologizing to Travis Price.

Coleman said even with the apology Moreno committed no crime.

“He did apologize, but he didn’t do anything wrong,” Coleman said. “Jonathan Moreno is innocent.”

In the courtroom

U.S. Rep. Ralph Norman, R-S.C. was at the trial. Norman, a Rock Hill native who is South Carolina’s 5th District Representative, is named as a defendant in a civil lawsuit that Travis Price filed against the city of Rock Hill and Norman.

The lawsuit alleges defamation. Norman has denied the claims in the lawsuit and his lawyers have asked that Norman be dropped as a defendant in the lawsuit. That lawsuit remains pending.

Other members of the community including the NAACP and others were in attendance.

The jury

A six member jury was picked Monday to give a verdict in the case. The jury is composed of five women and one man. One person is African-American and five are white.

Moreno faces cross-examination from prosecutors Tuesday when the trial resumes.