After nearly a year on paid leave, Bluffton officer under FBI investigation resigns
A Bluffton police officer under federal civil rights investigation after dropping a handcuffed man to the pavement during a 2017 traffic stop has resigned after spending nearly a year on paid administrative leave.
Officer Cody Kirkman, who could face criminal indictment after the conclusion of a FBI probe into the incident, resigned on May 19.
Officials placed Kirkman on paid leave last June, the same day they received a letter from FBI investigators alerting them of the inquiry into an “allegation of unlawful force,” which followed The Island Packet and Beaufort Gazette’s exclusive reporting on the traffic stop several months prior.
Kirkman collected $49,623 in pay during his more than 11 months off-duty, according to town records. He had been with the department just over five years.
During the 2017 stop, Kirkman arrested Bluffton resident Teddy Ellis for license and registration violations. While searching the handcuffed Ellis, who raised his voice and swore, Kirkman grabbed the man’s ankles and pulled them backward, causing the 6-foot-4-inch Ellis to pitch forward and slam his chin on the pavement.
Kirkman kept Ellis pinned to the roadway in a growing pool of blood for almost nine minutes, according to video of the incident.
A departmental review found the use of force “reasonable,” and Kirkman faced no disciplinary action, though superiors faulted two other officers at the scene for failing to “prevent Ted Ellis from hurting himself.”
The former Bluffton officer’s criminal defense lawyer, Lionel Lofton of Charleston, declined to make Kirkman available for an interview.
“We still don’t know what’s going on with the federal investigation, and so he’s not going to be in a position to answer any questions at this time,” he said Wednesday.
In his resignation letter obtained by the newspapers, Kirkman told Bluffton Police Chief Stephenie Price that he had requested to return to work multiple times and that remaining on inactive status put his certification at risk. “As I am not able to return to work, I must resign my position so that I can pursue opportunities to continue my profession,” he wrote.
Bluffton Police Department spokesperson Lt. Christian Gonzales confirmed Kirkman’s resignation last month. He had no comment on the decision to place the officer on paid leave last year, saying it was made under a former chief’s administration.
Kirkman is not currently employed with another South Carolina law enforcement agency, according to S.C. Criminal Justice Academy records.
In addition to the FBI investigation, he also faces a civil lawsuit filed by Ellis and his wife Teresa in federal court against Kirkman, the Bluffton Police Department and two other officers.
Ellis’ lawyer, Arie Bax of Beaufort, says Ellis sustained lasting neurological damage, broken teeth and cuts to his face.
In court filings, Bluffton and its former officers have denied wrongdoing, saying that Ellis failed to respond to commands, acting “hostile, verbally abusive and physically threatening” during the traffic stop.
That case has been on hold since November, after a judge agreed with the defense’s argument that Kirkman could not participate in the civil litigation while also safeguarding his 5th Amendment right against self-incrimination in the parallel criminal proceedings.
That stay has twice been extended, and no decision has been made on whether to prosecute Kirkman for criminal civil rights violations, according to court documents filed at the end of May.
This story was originally published June 9, 2021 at 11:43 AM with the headline "After nearly a year on paid leave, Bluffton officer under FBI investigation resigns."
