TIMMONSVILLE, S.C. (WBTW) — The family of a 33-year-old man who died two days after he was Tased by Timmonsville police in April 2021 has filed a wrongful-death and negligence lawsuit against the town.

The lawsuit says Charles Green died “after being tased in the head by Timmonsville police.” It alleges “reckless, willful and grossly negligent conduct” by police.

The incident happened during an altercation on April 8, 2021, while police were trying to arrest Green after he fled from officers after a traffic stop.

“This wasn’t a simple mistake,” the family’s attorney, Bakari Sellers, said. “This was gross negligence and, if we don’t start holding people accountable now, it will only get worse.”

According to the lawsuit, police said Green was hostile toward officers when he got out of his car after it hit a palm tree and became disabled. Green was able to get away from an officer who initially tried unsuccessfully to Tase him, the lawsuit said.

However, the lawsuit says the officer tried to Tase him again in the lower back but hit him instead in the left side of the head. After being taken into custody, the lawsuit says Green repeatedly told police he was having trouble breathing.

According to the lawsuit, Green began foaming at the mouth and complaining with other symptoms after an EMS crew arrived.

“Based on this, the Timmonsville Rescue hypothesized that Decedent Green had ingested something,” the lawsuit says. “Timmonsville Rescue noted that drugs were found in Decedent’s vehicle and that he appeared to have a ‘white powered’ substance in his mouth. The drugs found in Decedent Green’s vehicle was marijuana, which is not a ‘white powered’ substance.”

The lawsuit also says Timmonsville Rescue did not tell hospital personnel that Green had been hit in the head by the Taser and that he had taken an “unknown pill just prior to his altercation with police.

However, the lawsuit says Green tested negative for amphetamine, barbiturates, benzodiazepines, cocaine, opiates, phencyclidine, methamphetamine, a tricyclic antidepressant, methadone, oxycodone, propoxyphene and buprenorphine.

The lawsuit filed in the 12th Judicial Circuit in Florence County seeks an unspecified amount in damages and a jury trial.