Retiring police officer sues Lexington protesters for defamation over ‘malicious lies’
When former Lexington police chaplain Donovan Stewart spoke about his retirement and a defamation lawsuit on Thursday, supporters and protesters painted two very different pictures of the 20-year officer accused of assaulting a Black teenager.
While those invited to his announcement gave him multiple standing ovations and complimented his character and his faith, a protest group that included two defendants in his lawsuit stood just outside the Fraternal Order of Police lodge’s parking lot and accused him of beating children.
Speaking over protesters who chanted “fire not retire” through bullhorns, Stewart told the crowd on the lodge’s patio that he was thankful to have been an officer in Lexington.
“I have a lot of pain and hurt inside of my heart – a lot of disappointment,” he said. “I’m choosing not to focus on those things.”
Stewart’s lawsuit alleges that two protest organizers – Sarah Williams and April Taylor – spread malicious, false statements about his involvement in an altercation with the Black teenager in Fayette Mall in February 2019.
Williams said on social media she wasn’t afraid of being sued and she wouldn’t be silenced.
“I stand by everything I said with every breath in my body,” Williams said Thursday. “Donovan Stewart, you beat a child in public with eyes on you and watching you.” She also repeated allegations about Stewart’s behavior with his family.
The lawsuit, filed in state court, accuses Williams and Taylor of fabricating “blatantly false, outrageous lies” about Stewart and his family. Williams and Taylor are twin sisters who have organized frequent protests in Lexington calling for police reform and accountability after the deaths of Breonna Taylor and George Floyd.
In addition to Taylor and Williams, the suit was filed against 10 other unnamed “John Does.”
During demonstrations, Williams, Taylor and other protesters have repeatedly brought up Stewart’s handling of the teen while insisting on a full internal investigation of Stewart’s actions. The mother of the boy filed a lawsuit against Stewart in federal court, accusing the chaplain of assaulting her son.
But his lawsuit said Stewart was assaulted by the minor teen. Stewart was working on an off-duty assignment at the mall when he received a complaint of teenagers allegedly being disorderly. A juvenile assaulted him as he “attempted to gather information and investigate the circumstances,” according to the court records. There is no officer body camera footage of the encounter, but witness video has been posted.
The minor teen in the incident was charged, and the case was in juvenile court. Stewart’s attorney, Scott Crosbie, said Stewart was not going to talk about the details of the incident Thursday.
City officials also haven’t said much about details of the incident. An internal investigation had to wait until the other legal actions — presumably the criminal charges against the teen and the lawsuit filed by the teen’s family — are resolved, the department said previously.
Stewart pointed out in his lawsuit that he was not charged with any criminal offense after prosecutors “reviewed the evidence.”
Crosbie said people with no direct knowledge of the circumstances had “initiated a campaign to destroy the career and reputation of officer Stewart.”
From the day of the mall incident up to the end of last month, Williams, Taylor and others have falsely accused Stewart of being racist, associating with white supremacy, engaging in criminal conduct and beating his wife and children, according to the lawsuit.
Stewart has been a pastor for more than two decades, and since 2018, he has been senior pastor at the Mission Church in Lexington, according to the court record.
The lawsuit says that Stewart’s wife, Becky Stewart, has also been the victim of false comments and social media posts that have “attacked her moral character as the mother of two minor children.” Becky is also named as a plaintiff in the lawsuit.
The Stewarts are suing for damages for defamation, infliction of emotional distress, invasion of privacy and interference with Stewart’s ability to earn money as an officer, pastor and security guard.
The lawsuit also alleges that the Lexington Police Department dissolved Stewart’s police chaplain position as “an unfortunate political reaction” to the illegitimate public demands seeking Stewart’s termination. Stewart had been chaplain since 2006 and an officer since 2000.
The department announced earlier this week that the position was eliminated, and Stewart was reassigned to patrol. Police said the position was dissolved in order to make way for a new civilian wellness coordinator. Such coordinators are in use in other departments in the country.
Crosbie said the Lexington department’s decision to create a civilian wellness coordinator to replace the chaplain would not be sufficient.
“A cop is our chaplain at the Lexington Police Department,” Crosbie said. “It requires someone who has more than an understanding of the general orders of the department. It requires someone with a solid disposition, good character, a servant heart.”
Crosbie said Stewart helped officers and their families get through times of grief, mourning and stress. He said Stewart’s contributions could “never be replaced by a health and wellness program.”
“A nutrition program, a wellness program will not be sufficient when the next Lexington police officer is killed in the line of duty,” Crosbie said.
Echoing earlier statements from the local Fraternal Order of Police union, Crosbie said officers today are “under fire.”
“They’re under fire in the streets, in the media, in their own departments sometimes, and from politicians,” Crosbie said.
Stewart’s retirement was one of seven approved by the Lexington police and fire pension board Wednesday. Lexington Police Lt. Jonathan Bastian, who is a pension board member and is also president of the Fraternal Order of Police Bluegrass Lodge 4, warned more retirements might be coming “if we continue to demonize police officers and especially continue to blame Lexington Police Department and its officers for things that are happening elsewhere in the United States.”
Stewart’s retirement takes effect Saturday. His attorney said he will have a full pension. The amount of that pension is not publicly available. In 2006, state law was changed to make most Lexington police and fire pension board records confidential. Police and fire unions lobbied for the change after a 2005 Lexington-Herald Leader series that highlighted the high rate of disability pensions for Lexington police officers and firefighters compared to other departments.
Williams said in a Facebook video on Thursday that protesters don’t agree with the police department “letting Donovan Stewart retire.”
During the announcement, Crosbie played audio of a protester accusing Stewart of beating his wife and children. Crosbie said he hopes this litigation serves as a warning that police officers are willing to sue.
“If you defame a police officer, you will get sued,” he said. “You defame their family, you will get sued. You assault a cop, you will get sued. You spit on a cop, you throw a bottle at a cop, you will get sued. Regardless of whether you’re criminally prosecuted or not.”
This story was originally published July 9, 2020 at 11:25 AM.