Woman arrested in Macon drunk driving case was choked, punched by deputy, lawsuit says

A woman arrested by the Bibb County Sheriff’s Office is suing the sheriff and two deputies, alleging she was choked and beaten while handcuffed.

The victim, Jozzi Rainey, accused deputy Frederick Gray of using “objectively unreasonable and grossly disproportionate” excessive force by assaulting her so severely she bled and chipped her tooth, according to a lawsuit filed by her attorney. She’s also accusing Sgt. John Ahlvin of failing to intervene as Gray’s superior officer in the incident that occurred June 11, 2022, the lawsuit said.

Rainey argued that Bibb County Sheriff David Davis also was negligent because he failed to fire Gray over the incident, according to the lawsuit. She alleges the deputy sheriff had a history of excessive use of force, though further information wasn’t immediately available.

Davis, Gray and Ahlvin are all defendants in the case, though the Bibb County Sheriff’s Office is not.

A lawsuit only represents one side of a legal argument. The allegations made haven’t been proven in court, and the defendants haven’t filed legal replies in the case.

The sheriff’s office also didn’t say whether the officers involved have faced discipline over the alleged incident, though it did provide a statement to The Telegraph, saying the “Bibb County Sheriff’s Office has been made aware of the lawsuit and our attorneys are aware. Because this is an ongoing case we are unable to elaborate.”

The lawsuit says Rainey was in a two-vehicle crash on Interstate 75 heading southbound, and Gray and Ahlvin responded to the scene. Both officers determined she had been drinking and placed her in handcuffs, the court document said.

The lawsuit emphasized that she “posed no physical threat to either of the deputies” and “did not physically resist or attempt to flee” while she was in handcuffs. But Rainey was yelling insults at Gray, according to the lawsuit.

Gray put his hands on her throat and began choking her as a response to her insults, according to the complaint. When Rainey attempted to deflect, the deputy allegedly punched her in the face and knocked her to the ground.

As a result, she bled from the nose and mouth and chipped her tooth, according to the lawsuit. It also said that during the time Rainey was being choked and punched by Gray, Ahlvin didn’t reprimand him.

Rainey argues in her lawsuit that she suffered significant physical injuries and trauma as a result of the assault from Gray, as well as mental and emotional shock, humiliation, distress and psychological and emotional injuries. She continues to suffer from the incident, the lawsuit said.

Rainey argued in her lawsuit there was no probable cause to believe she was potentially dangerous, and Gray used force against her without being provoked or justified. The lawsuit also accused Gray of acting with malice and intent to injure.

Additionally, the lawsuit accused Ahlvin of being indifferent to the abuse, saying that his decision to turn a blind eye encouraged Gray to continue using excessive force.

Rainey has asked for her case to be heard by a jury, and she wants general, compensatory and punitive damages. She’s also seeking attorney’s fees and expenses.