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Deputy fired after investigation into teen's injuries

Monday, Aug 12, 2013 2:26 PM
Last updated Tuesday, Aug 13, 2013 1:14 AM
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Richmond County sheriff’s Deputy Brian McDuffie was fired Monday for his involvement in an Aug. 3 incident in which a 15-year-old boy was injured.

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Kenya James talks to Augusta Commission members about her son Kyvan's encounter with police, in which she said he was struck repeatedly with a flashlight.  EMILY ROSE BENNETT/STAFF
EMILY ROSE BENNETT/STAFF
Kenya James talks to Augusta Commission members about her son Kyvan's encounter with police, in which she said he was struck repeatedly with a flashlight.

Kyvan James, who was charged with obstruction of an officer, and his mother, Kenya James, alleged that deputies used a metal flashlight to repeatedly strike the teen in the head.

Three deputies had tried to detain the teen and another juvenile about 11 p.m. while investigating a burglary on Leawood Court in Heph­zibah, but Kyvan James fled on foot. The deputies caught up with him near his Gebhardt Court home.

The sheriff’s office has not provided the names of the other deputies involved. McDuffie, 33, was rehired by the agency in June 2012 after being employed there from 2008 to 2011.

Kenya James was speaking to the Augusta Com­mis­sion’s public safety committee Monday when Sheriff Rich­ard Roundtree announced McDuffie’s firing. She had her attorney and friends by her side, while Kyvan was at home with a migraine, she said.

The mother said she was looking not for money but for change at the sheriff’s office, in the form of diversity, proper training, education and respect.

“I’d like to think my son’s incident would have gone a lot differently if there had been an African-American at the scene that he could have related to,” she told commissioners. “I live in a predominantly black neighborhood, and all the officers that responded to that call were Caucasian.”

She said her son, a black teen with dreadlocks, is part of a demographic “that doesn’t see law enforcement officers as friends” and instead might flee the police.

“He made a mistake; he panicked, he had an error of judgment, but he’s 15,” she said.

James said proper training might enable officers to respond with force appropriate to a suspect’s size, then seek medical attention if necessary.

“Once the dust settles, after you hit someone upside the head, ask them if they require medical attention, or if not, do the humane thing and call for medical attention,” she said.

James said she had to beg deputies to call for medical attention for her son.

Education at home and in school would help young people respond appropriately to law enforcement, she said.

As a single mother raising two young men, James said she lacks the experience of what black men encounter with law enforcement, “so therefore, outside help would be appreciated.”

Respect of the badge and of residents are also necessary, she said.

“I’m sure the officers are taught this and are told this, but there needs to be something in place to ensure that respect is happening in these encounters,” James said.

Commissioner Alvin Ma­son told James he was glad the incident “wasn’t just a 100 percent negative encounter,” noting the responding sergeant whom James said corrected the deputies’ behavior.

James said the internal affairs officers who investigated the incident also “have been great.”

Commissioner Marion Wil­liams said that despite the commission’s lack of jurisdiction over the sheriff’s office, “we do have concern for the taxpayers of Augusta, your son included.”

Bad things do happen to black men, Williams said, referring to the Trayvon Martin case.

“That incident that happened in Florida just don’t happen in Florida,” he said.

James noted that her son had no criminal record and tested negative for drugs at the hospital where he was eventually taken.

Commissioner Bill Lock­ett said James “had done an outstanding job” presenting her concerns and urged youngsters not to flee the police.

“I know it’s tempting to run, but don’t run,” he said. “I hope that your son will not have any long-lasting adverse effects from what happened.”

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myfather15
53057
Points
myfather15 08/13/13 - 11:09 am
6
3
Yes, always amazing to hear people say THEY KNOW

But they weren't there to actually witness. They "know" because their precious little angel told them and they would NEVER lie!!

"She got off with a warning but I know and she knows the cop was a liar."

Can you explain how exactly you KNOW? I wouldn't want you and your rational thought on a jury!!

myfather15
53057
Points
myfather15 08/13/13 - 11:15 am
1
0
This is why is VERY important

This is why is VERY important for a child to have a mother AND father. Mother's love all to often is VERY BLIND!! Mother's tend to defend those "innocent angels" over any rational thought!!

A GOOD father, would have been smacking Keyvan's head off when he learned he ran from the police; not automatically blaming someone else. I swear, mothers seem to always beleive their children. Yes, I know; it's out of love. They carried those little squirts in their body for 9 months; Bla, Bla, Bla. My mom MANY times told me "Don't you ever think I will lie for you, If I know you did something, I'll be the first to tell." THAT is called structure!!

But, that's old school thinking I suppose. Today's fathers look at the kid and say "What you mean they caught you? You ain't no faster than that? At least you got rid of that stuff in your pocket, right??

mchastainga
152
Points
mchastainga 08/13/13 - 11:16 am
5
4
Father15 - I would venture to

Father15 - I would venture to guess they all live in that secluded neighborhood that does not require the authorities to assist them ever...i think it is called...Fantasyland...no meth labs...no drug dealers...perfect marriages...perfect kids...they all have perfect jobs...perfect families..no financial hardships.....yes no left turns there only the right ones. Hope they never wake up to the reality the rest of us live in not sure they could handle it.

myfather15
53057
Points
myfather15 08/13/13 - 11:26 am
3
3
GAXXII

"If I had not been on my way to work and saw her being questioned illegally in a parking lot in Columbia County I would have not been in the know."

So, you didn't KNOW she had been pulled over, until you saw her, already in the parking lot!!

"She did nothing wrong but got the blue light special from the local police."

So, kindly explain to us, how you KNOW she did NOTHING wrong, if you weren't with her when the ACTUAL infraction occured!! I would LOVE to hear this. You do know that not using turn signal is an citable offense. One in which MANY people complain about and causes many accidents. It's nice to know the vehicle in front's intentions.

"Please, no one in the CSRA uses a turn signal."

My child doesn't have to because no one else does? Oooh yeah, sounds like your teaching some really good lessons to your teen. I would teach my teen to ALWAYS use the signal, because is SAFER; has nothing to do with what EVERYONE else does.

"And she wonders still what would have happen if I had not pulled up."

Well, she probably would have got a warning and sent on her way!! Do you have ANY rational reason to believe different?

Look, if you're going to come on here making comments, you're going to have to brush up on your skills a little. The contradictions in your comment are staggering and you expect people to take it seriously? Puh-lease!!!! Probably didn't even happen!!

InChristLove
22452
Points
InChristLove 08/13/13 - 11:29 am
4
2
"And she wonders still what

"And she wonders still what would have happen if I had not pulled up."

Most likely she would have still gotten a warning and the officer would have let her go on her way with a warning to remember to use your turn signals from now on.

What did she expect would happen??

myfather15
53057
Points
myfather15 08/13/13 - 11:32 am
5
5
Man, I'm starting to feel

Man, I'm starting to feel like Rush Limbaugh!! With some of the people on here, I could fight them (mentally) with half my brain tied behind my back!! It's just that easy!!

P.S. I'm just kidding. (Sort of)

mchastainga
152
Points
mchastainga 08/13/13 - 11:38 am
7
4
oh we forgot

We forgot her most important statement i think...HER BRAND NEW CAR...what does that have to do with anything? Like I said life in Fantasyland - when her reckless driving results in a crash are you going to defend her in actions again? Are you going to buy her ANOTHER BRAND NEW CAR? Probably so. Same situation as Kyvan James - defend your baby and protect them so they never have to face any of the reality of the world and they can grow up to be another dysfunctional member of society. Is she weaned yet?

augrichgal
297
Points
augrichgal 08/13/13 - 11:47 am
9
3
Totally sympathetic until I

Totally sympathetic until I got to the comment by the mother about if a black deputy was on the scene her son would react differently. Why did the child feel the need to flee the police in the first place? I teach my children to respect authority, black, white, purple, or green. Does she not realize how many black officers there are in Richmond County and the Sheriff is also a black man. I really do not think race needs to be brought into this at all.
If the officer(s) used excesive force let them be dealt with, but do not bring the race card into it. The deputy fired has a bi-racial child I read somewhere, so i do not think race was a factor.

augrichgal
297
Points
augrichgal 08/13/13 - 11:52 am
3
3
Sheriff Roundtree, step up.

Sheriff Roundtree, step up.

Sean Moores
117
Points
Sean Moores 08/13/13 - 12:00 pm
5
1
Fact check

Law enforcement has not charged Kyvan James for the burglary. More information is not available at this time. We'll give you more when we have it.

myfather15
53057
Points
myfather15 08/13/13 - 12:04 pm
8
6
augrichgal

People don't get it. It doesn't matter that he has a bi-racial child. It doesn't matter whether Deputy McDuffie is a racist or not. This argument is NOT over reality, it's political correctness and MONEY in the mother's eyes. They couldn't care less what the truth is!! The LP's have an agenda and SHE has $$$ on her mind!!

Race shouldn't have been brought into it, but WHO brought it in? HER SON AND HER!! Her son, by making the Trayvon comment and her by making that stupid comment. It's VERY clear she doesn't like white people and that's fine. But you can't teach your child respect for elders and authority by telling him it's Ok to run from police, as long as they are white. She is sitting him up for FAILURE and MANY arrests!!

playlikethunder
88
Points
playlikethunder 08/13/13 - 01:21 pm
0
0
IT'S REALLY SIMPLE...
Unpublished

ALL THIS 15 YR OLD KID HAD TO DO WAS OBEY THE OFFICERS AND STAND STILL UNTIL THE SITUATION WAS CHECKED OUT AND HE WOULDN'T HAVE A CRACKED HEAD, WHICH I FEEL HE DESERVED, AND RSC WOULD NOT BE SHORT A GOOD MAN.
THE MOTHER'S HOGWASH ABOUT DIVERSITY AND HAVING A BLACK COP ON SCENE TO RELATE TO HER POOR LITTLE BOY ONLY REINFORCES RACISM, SO CAREFUL WHAT YOU WISH FOR. HE PLAYED THE GAME , HE LOST....HE SHOULD PAY THE PRICE FOR HIS STUPIDITY. LUCKILY HE DIDN'T SCUFFLE UP WITH GEORGE ZIMMERMAN.
BRIAN MCDUFFIE PAID FOR THIS IDIOT'S SINS...WHAT A SHAME.

justus4
99
Points
justus4 08/13/13 - 01:31 pm
0
0
This action by the Sheriff
Unpublished

This action by the Sheriff demonstrates "leadership" and will place others on notice what the operating standards are...get caught beating on little kids - get fired! The officer's conduct EARNED his termination, not what the kid did. Again, this is what true "leadership" looks like. And oh, to the new sheriff - Keep Charging!

validPoint
982
Points
validPoint 08/13/13 - 01:31 pm
6
5
"Child Injured"?

First, my heart goes out to law enforcement, we need it more than ever before, and there really are some healthy minded, well intending law enforcement officers who actually go beyond their lines of duty in order to promote greater good in spite of the dangers they face.

However, Unless my eyes deceive me, the photo I saw on the news would be best described as being"A child beaten up".

There are times when excessive force is justified. However, in this case, based on the report, excessive force as it was presented was totally un-necessary. The things I saw on tv were nothing short of brutality, and only the brutal would uphold them. Motivation whether racial or not, I will not even try to classify because I am not sure. One thing I am sure of is the fact that times are rapidly changeing. Things that "use to be, won't be no more". Things that were once tolerated, will no longer be tolerated. This is real.

Someone once said that the Dinousaur became extinct because it could not adjust to the changing times. Hopefully, humanity will take a different approach to change by being accountable for behavior and flowing with the flow.

In this situation, and based on public reports, the Sheriff did not fire this officer, neither did the mother of the victim cause the officer to be fired. It was the officer who fired himself based on the action he chose. The entire situation is most regrettable

Red Headed Step Child
4022
Points
Red Headed Step Child 08/13/13 - 01:31 pm
6
4
Heard they're serving lamb

Heard they're serving lamb down at 401 Walton Way....sacrificial lamb, that is.

navycubfan
194
Points
navycubfan 08/13/13 - 02:03 pm
4
6
@ValidPoint Question for

@ValidPoint

Question for you...Did you see the same picture I saw? The one that was included with the original report in the AC. The teenager had a black eye. That is not a "child beaten up." From the reports, he RAN from the police...police chased, he resisted arrest... police subdued. If the child was "beaten up" there would be a whole lot more damage to his face.

Little Lamb
44944
Points
Little Lamb 08/13/13 - 02:25 pm
5
4
Lamb

Your analogy of the sacrificial lamb is more correct than my analogy of the scapegoat, RHSC. The "scapegoat" in the Bible was set free. Deputy McDuffie was sacrificed to the god of political correctness.

augrichgal
297
Points
augrichgal 08/13/13 - 02:25 pm
3
3
Myfather15 You are correct.

Myfather15
You are correct. My thoughts exactly, she says she will not be after money, but only time will tell.

justice4u2
5
Points
justice4u2 08/13/13 - 03:22 pm
3
5
A FEW GOOD MEN IN LAW ENFORCEMENT

I don't want to sound like i'm a racist & i'm not. I would have the same problem with my race as I would with any other race.On a second note, there are parents who teaches their offsprings to be racist. I do believe racism is very much still alive and well this very day. There are some who keep it under wraps and there are some who do not dress it up all. Remembering what someone said to me over 20 yrs. ago, that they (referring to the KKK)took off the sheets and put on the police uniform. Honestly all cops are not bad cops. Just 1 wk ago approx. 11:00 my 28 y/o son went to the trash dumpster and 2 cops(white) in different cars attempted to harass him until I stepped outside, it would have been so much easier with either of them explaining their presence in the neighborhood versus telling him if he did not come or stop that they would put him in handcuffs for no apparent reason.. They had to get a blackWhen one asked me if I wanted to speak to their supervisor and I so know because I know your boss, the one officer who were talking the non sense then backed up with his threats and tone of voice. People you have be black or whatever you choose to call it to know what it feel like to be treated in such a way. You have to be Trayvon Martin or be black to know of the injustice that's served to blacks.

Dudeness
1543
Points
Dudeness 08/13/13 - 03:25 pm
4
4
Until now, I thought that the

Until now, I thought that the picture of the 15 year old posted by the Chronicle was a somewhat recent picture that was taken prior to the incident because I did not even notice any marks. After some comments alluding to the picture, I had to lean forward closer to the monitor and squint to make out the faintest remnants of what may have once been a black eye. I assumed his face was all puffy and bloody based on what had been reported about him getting beaten in the face with a flashlight. The racist mother had no credibility with me even before I made the connection between what may have happened and this picture.

rmwhitley
5538
Points
rmwhitley 08/13/13 - 03:57 pm
0
0
The only mistake,
Unpublished

from my perspective, is ms. james isn't much of a mother or role model. If she had a man of substance to guide her son rather than having "African-American" police officers patrol her "demographic area" to keep her boy from running from them. She's aware that her son lives in a high crime area and he should not have his SORRY derriere out at 11 p.m. in that crime-ridden area. Typical of the black mentality, blame it all on the "white cracker".

GAXXII
30
Points
GAXXII 08/13/13 - 04:01 pm
2
3
Questioning

The cop said nothing about the turn signal to her. He only asked about her car and how old she was. He had her out of the car, ran her license plate and was questioning her about how she got a brand new car. I taught her how to drive and she uses her turn signal when required. She was no where close to the turn lane on Flowing Wells.

lifelongresident
1323
Points
lifelongresident 08/13/13 - 04:44 pm
0
0
didn't take long for the
Unpublished

didn't take long for the "trayvon" case to make its way in her speech of course roundtree was going to cave and now her next move is get a lawyer and sue the city...i must compliment her she looks real good in her best CITI TRENDS outfit.....and that poor officer has to be sacrifice for the race pimps gods that is paralyzing the richmond county government

Watermedic
292
Points
Watermedic 08/13/13 - 04:48 pm
3
2
Roundtree and the Commission

Are a joke, Look at the comment by Marion Williams:

Bad things do happen to black men, Williams said, referring to the Trayvon Martin case.

“That incident that happened in Florida just don’t happen in Florida,”
he said.

Sounds just like Obummer when he stated "If I had a son, he would look just like Trayvon."

Pot stirring at the highest levels!!

Wake up America!! Times have changed and the shoe is on the other foot!!

myfather15
53057
Points
myfather15 08/13/13 - 05:09 pm
2
2
"it would have been so much

"it would have been so much easier with either of them explaining their presence in the neighborhood versus telling him if he did not come or stop that they would put him in handcuffs for no apparent reason.."

Oh, now the police have to explain THEIR presense first!! So, when to the police get permission to ask questions? '

"They had to get a blackWhen one asked me if I wanted to speak to their supervisor and I so know because I know your boss, the one officer who were talking the non sense then backed up with his threats and tone of voice."

I do not believe this for one second!! Do you know how many times in 16 years I've heard someone say "I'm friends with your boss." Or family members, neighbors, etc. That is one of the oldest tricks in the book and we NEVER fall for it!! I do not believe the officer "then backed up with his threats and tone of voice." because 99.9 % of the people claiming to KNOW or be FAMILY with the boss, are lying!! He would NOT have backed off.

I swear, some people will just make up stories to further their point. They just don't realize their stories are clearly BOGUS!!

myfather15
53057
Points
myfather15 08/13/13 - 05:12 pm
2
2
Not to mention, this!!

"I don't want to sound like i'm a racist & i'm not."

Then saying this: "Remembering what someone said to me over 20 yrs. ago, that they (referring to the KKK)took off the sheets and put on the police uniform."

Well, I wouldn't exactly call that racist, just an ignorant statement!!

validPoint
982
Points
validPoint 08/13/13 - 05:34 pm
3
1
Navyclubfan

@Navyclubfan, in response to your question, the picture i saw was one of a child beaten up as I stated. That is my perception. Also, I saw the video of the same child being thrown against what appeared to be a fence. Evidently, the impact was strong enough to knock the kid down. When the child listlessly fell down, the officer who slammed the kid against the fence kicked the kid apparently in the stomach area. This is what I saw, and this is the scene that my comment was based upon. Hopefully, this cleared up any concern you might have concerning my reply.

Riverman1
81453
Points
Riverman1 08/13/13 - 05:51 pm
4
0
Austin

Austin said, "In the meantime, Riverman, Kenya James is stealing your long standing plan for Augusta...which has always been "black folks in charge of majority black communities"...
(a race exclusive philosophy that if applied universally would have resulted in the ouster of EVERY black US Senator we have ever had, and the sitting President of the USA...but what the hey?)"

Austin, are you upset because of the timeline when you FINALLY found out what had really happened? But to your comment…I had a PLAN for Augusta? News to me. I point out facts and certainly support the black U.S. REPUBLICAN Senator from South Carolina, Tim Scott. Also, keep in mind I supported Freddie Sanders for Sheriff, but I also pointed out after Roundtree was elected that a black sheriff could work wonders in Augusta. The black police chief hired by Charleston worked wonders and won national acclaim. But let me ask, are you saying that I or anyone who currently supports Sheriff Roundtree in a majority black county, also feels Tim Scott or any black elected official should be ousted if they are in a majority white district? Do you think you are drawing false conclusions with such a statement? I’m really starting to miss some of the Richmond County former officials. I'll bet PEOPLE love former Senator J.B. Powell much more than those throwing out racial motives for everything such as Austin.

specsta
6297
Points
specsta 08/13/13 - 05:43 pm
5
4
The Truth

Here's the reality - black and Latino boys/teens are targeted by the police.

They are targeted by some white folks as a "criminal element". They are targeted as dispensable, worthy on being locked up, in the criminal justice system. They are targeted in the media as thugs and gangsters. They are targeted as "suspicious" for no other reason than their brown skin or choice of hairstyle.

No white person can even imagine the stress of waking up every morning and facing an ongoing cultural battle, purely based on the amount of melanin in one's skin. A battle against ignorance and racist ideals that could mean you're the first fired, the last hired - or that you could wind up on a slab in the morgue because you were profiled by the police.

Whites commit more crimes than blacks. But there is no connotation for a white male as a "criminal element". Whites use more drugs than blacks. But there is no connotation that white males are drug thugs and dealers. White men commit more rapes than blacks. They rob, steal and commit violent crimes more than blacks.

But it is the black male who is portrayed as the picture of crime in this country. The "scary black male".

Why the false connotation?

This false image is based in the continuing racist views that have a stranglehold on this country. We have yet to grow up - many Americans, although grown, are still just ignorant, deceived little children - believing that someone's skin color is a factor in their character as a human being. How stupid is that?

Time to grow up and see black men as the intelligent, courageous, wise, loving, strong and proud citizens that they are. Not a criminal element, but a foundational element to the strength of the character of this nation.

Watermedic
292
Points
Watermedic 08/13/13 - 05:50 pm
2
2
Age

So now all law enforcement has to determine the age of a suspect before he can subdue a possible suspect of a burglary?

Wow!! Act as an adult criminal and you will be treated as one!!

One of the issues I am seeing is that there are too many people comfortable with crime! By crime I am talking about breaking the law. Turn signals, running from the law and out past curfew, resisting arrest.

Hello people!!! The latter are beginnings of worse infractions at best.

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