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Details emerge about former deputy

Sunday, Aug 18, 2013 5:19 PM
Last updated Monday, Aug 19, 2013 8:45 AM
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A supervisor at one of Brian McDuffie’s previous jobs advised the Richmond County Sheriff’s Office to keep him under close supervision if hired, according to personnel records obtained through the Georgia Open Records Act.




Last week, the sheriff’s office fired the 33-year-old deputy accused of using excessive force against a 15-year-old who was being detained after he was seen near a burglary investigation.

According to his termination letter, another officer was trying to get a second cuff on Kyvan James’ wrist when McDuffie stepped on his back, “stabilizing him on the ground,” and hit him in the head with a metal flashlight.

“The suspect then began screaming and asked for his ‘momma’ and you threatened him with further injury if he didn’t shut up,” the letter said.

According to the letter, the deputy outweighed James by 160 pounds.

Sheriff Richard Round­tree said the decision to use a foot to stabilize the suspect was defensible but not recommended. He said striking James with the flashlight was unjustifiable and would not be tolerated.

“You knew or should have known that this type of force could result in serious or lethal injury,” the letter stated. “You admitted that during training you have been instructed to avoid striking someone in the head with an impact weapon.”

According to McDuffie’s personnel file, he was previously suspended for actions at two agencies.

After his discharge from the U.S. Navy in 2001, he worked law enforcement jobs in Waynes­boro, Midville, Sar­dis and Richmond County. He worked as an officer in all jobs except at the Midville Po­lice Department, where he was police chief from October 2006 to August 2007.

All of the agencies, when questioned before his Rich­mond County hire in March 2008, said McDuffie would be eligible for rehire. However, former Waynes­boro Police Chief Karl Allen recommended “close supervision if he is hired.”

According to Allen, McDuffie was reprimanded several times during his nearly five years at the department for abusive language, abuse of sick leave and being late to work. In 2002, he was suspended for three days for “conduct unbecoming an officer.” Allen did not elaborate.

Nine months after he was hired in Augusta, McDuffie was suspended for two days and sent to the disciplinary review board for unsatisfactory performance and duty to care for county property.

According to a disciplinary report, a robbery suspect detained in McDuffie’s police cruiser got her right hand out of a handcuff, climbed into the front seat through the cage partition and drove away. Officers chased the suspect from Deans Bridge Road, to Ninth and Adams streets. During the chase, the woman struck the curb and a road sign.

“By leaving the partition open and leaving the vehicle running, Deputy McDuffie give the suspect avenue to escape,” the report read.

McDuffie continued to work for the sheriff’s office until 2011, when he left to focus on his tree removal business. He returned in June 2012.

McDuffie has 10 days to appeal after termination, after which the disciplinary board has 45 days to make a final decision.

Comments (79) Add comment
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owensjef3
5641
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owensjef3 08/19/13 - 03:23 pm
0
2
@1131 comment, Were you
Unpublished

@1131 comment, Were you there?

harley_52
32221
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harley_52 08/19/13 - 03:38 pm
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1
"If an officer can't take whatever action necessary...."

I think that's the point. Just how much force was "necessary" and appropriate? Apparently, the Sheriff doesn't think smacking the kid in the head with a flashlight was either "neccesary" nor appropriate to the requirements of the situation.

Their job is to apprehend suspects, not kill them, unless it's necessary and appropriate to the situation.

chascushman
6653
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chascushman 08/19/13 - 03:46 pm
2
2
"I thought they give new hire
Unpublished

"I thought they give new hire a test to see is they bias are was brought up in a household around parents that used the N - word alot."
kiss, should they also ask black candidates if their parents used white racist words/remarks alot to see if they 'is' bias?

AutumnLeaves
11757
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AutumnLeaves 08/19/13 - 04:39 pm
3
7
harley_52, you are assuming

harley_52, you are assuming that the officer smacked the alleged trespasser in the head intentionally with the flashlight. I've heard differing accounts than what the Sheriff reports about whether it was the officer's hand or flashlight that actually made contact. I've heard differing accounts about what the officer said happened and they don't jibe with what the termination letter says. And there definitely was NOT any intention to kill on the part of the officer. The officer was asked for help by the officer struggling to handcuff the struggling alleged trespasser, who was resisting arrest. I want to know the TRUTH and the truth to be KNOWN. Parents, teach your children to stay off of other's private property. I told a neighbor one time to stop ramming her 3X3 foot battery operated toy car into my front fenc(the fence I bought and paid for) and she shrieked, "it ain't your fence!" Before you say, you should have gone to her parents, she WAS the parent! What kind of mentality is that? I bought the fence because of people with the "village mentality", that think they are entitled to tramp all over other people's boundaries on demand. If someone is in my fenced in backyard after dark without my permission, they might not be that lucky.

AutumnLeaves
11757
Points
AutumnLeaves 08/19/13 - 04:41 pm
4
4
Kiss of death, you are

Kiss of death, you are barking up the wrong tree, are you aware that the fired officer adopted a mixed-race baby and has black relatives? Don't even go there.

harley_52
32221
Points
harley_52 08/19/13 - 04:51 pm
6
1
AutumnLeaves...

The only thing I'm assuming is that the Sheriff believes the officer hit him in the head with the flashlight, as his letter indicates. Do you have some reason to believe the Sheriff believes otherwise and that he intentionally signed a letter containing facts he knows to be untrue?

Riverman1
117467
Points
Riverman1 08/19/13 - 05:08 pm
3
0
Harley

Harley asked why I asked if McDuffie had ever worked in Columbia County and why I hadn't asked about other counties. I haven't seen you posting around in a while, Sir. Have you made some recent posts? Good to see you back in any case.

To answer your question, I had actually read somewhere that of all the places McDuffie had been an officer in and there were a lot, one of them was Columbia County. Now I admit that was such an outlandish question, I should elaborate. Here is the answer...I had read where he had began his law enforcement career in Columbia County. Maybe it meant he was only living there when he began his career or maybe the entire article I read was wrong or maybe my comment was wrong? I'm not sure. What do you think?

harley_52
32221
Points
harley_52 08/19/13 - 05:11 pm
4
1
Riverman....

I've been in and out of here for the past week, or two. Heck, I even thought we have had a couple of conversations in the past week, or so.

I had no idea why you asked the question about him being employed by Columbia County. The article mentions nothing about it. Frankly, I assumed it was just another of your jabs at us dummies in Richmond County....(We hired him while Columbia County knew better because they're so much smarter than us.)

Riverman1
117467
Points
Riverman1 08/19/13 - 05:24 pm
3
0
Harley

No, honestly, I wasn't making a jab at Richmond County. If the person, McDuffie, in fact, had not been hired by Columbia County, yet was by Richmond, I'm not sure that would have been a dig at anyone but McDuffie, himself. I'm sorry I don't recall our last conversations.

harley_52
32221
Points
harley_52 08/19/13 - 05:40 pm
2
1
Riverman...

Well, obviously we weren't really having a "conversation" at all, as I thought. The main one I can think of was the discussion about LTE vs. online comments....no matter.

Obviously what you have to say is more interesting to me than vice versa. :)

GeorgiaCarolina
412
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GeorgiaCarolina 08/19/13 - 05:53 pm
4
1
Restaurant History in Augusta

Motormouth Maybelle on WGAC seems to have lost interest in discussing this subject, talking about Augusta restaurant history today.

Riverman1
117467
Points
Riverman1 08/19/13 - 05:55 pm
3
0
Harley said, "Obviously what

Harley said, "Obviously what you have to say is more interesting to me than vice versa. :)"

I didn't mean to neglect anything you said. :)

myfather15
59559
Points
myfather15 08/19/13 - 06:10 pm
3
1
Just curious why my only two

Just curious why my only two comments were both removed? I certainly didn't think either of them were even close to insulting!!

seenitB4
123880
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seenitB4 08/19/13 - 06:29 pm
2
0
River & Harley

I like to hear what both of yall have to say...right now I need harleys advice....I need a pc cleanup on my puter...do you think avg pc cleanup is a good one? My videos are slowed & won't play at times..I'm clogged.,,prolly in more ways than one.:)

Thanks harley for any help you can give me...I have to leave right now....also myfather..I think many posts have been removed.

harley_52
32221
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harley_52 08/19/13 - 06:30 pm
4
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seenitB4....

Very hard to tell what your PC problem is without looking at it. I'm not familiar with the AVG utility.

Not knowing more, my suggestion is that you go to the Kim Komando site, look at what's available, and try a few things that she recommends for specific problems. If none of that stuff works, you can try AVG, but might be better off taking it somewhere and spending $50 to let professionals clean it up for you.

harley_52
32221
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harley_52 08/19/13 - 06:36 pm
3
0
palmetto1008
9782
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palmetto1008 08/19/13 - 06:41 pm
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Rephrase them, myfather. I'm
Unpublished

Rephrase them, myfather. I'm interested in what you have to say.

seenitB4
123880
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seenitB4 08/19/13 - 07:16 pm
3
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Thanks harley

I will try that in the am & I think you are right about $50 cleanup guy..thanks

rmwhitley
5547
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rmwhitley 08/19/13 - 07:40 pm
0
0
Not all cops are
Unpublished

honorable persons. With that being said, 98% of thugs arrested for running from the cops deserve to be detained. The excuses blacks use, especially being afraid, are well founded because that ethnicity of less than 15% of the population commits more than 65% of the crimes. Quit being thug punks and you might earn some respect. Look at the college athletes without licenses and armed, abusers of women and committing felonies reduced to spitting on the sidewalk. Blacks create their own problems but demand them to be forgiven because they are so misunderstood and mistreated for their criminality.

dickworth1
956
Points
dickworth1 08/19/13 - 08:27 pm
3
1
remember the past
Unpublished

I wonder if the sheriff remembers the school security officer that was shot & killed by a kid in Hephzibah? I am not siding with the officer hitting this kid and he should be terminated, but don't ever think a teenager can't hurt you, if so, you may be hurt bad. I believe just a couple of weeks ago a teenager shot someone in the East Boundary area. My point is that in this day and time you never know about anyone regardless of age , color, or gender.

harley_52
32221
Points
harley_52 08/19/13 - 08:47 pm
3
0
None Of Us Know The Facts....

....all we have is the information contained in the article.

Obviously, the Sheriff believes the officer hit the kid with a flashlight without adequate cause.

The issue isn't really whether a "child" can hurt you....I think everybody would agree they can. The issue is whether in this particular case the officer was justified in the force he used to subdue this particular individual under these particular circumstances. The Sheriff says "no."

The secondary issue (which may have more staying power than the above) is why was this officer hired and, if the hiring was appropriate, was the job, the responsibility, and the tasks he was assigned appropriate to his background?

Lorraine
282
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Lorraine 08/19/13 - 09:12 pm
2
6
Do not get it twisted. The

Do not get it twisted. The deputy is not the victim here, but the 15-year old kid is.

happychimer
25295
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happychimer 08/19/13 - 09:25 pm
1
1
Roundtree stated in the letter

“You admitted that during training you have been instructed to avoid striking someone in the head with an impact weapon."

myfather15
59559
Points
myfather15 08/19/13 - 10:45 pm
4
0
I'll just say this it this

I'll just say this it this way; we all just need to calm down about this. It seems Sheriff Roundtree did a good investigation. My guess is the MOST information he received was probably from the other deputies on the scene. Because THEY and Kayvon were the only ones there, to my understanding. If they said McDuffie had no reason to hit the teen like that, then he got what he deserves. Deputies need to have the ability to control their emotions.

Obviously, if the other deputy had the teen on the ground; there was no reason to drop a knee or foot on his back and then strike him with the flashlight. Like Sheriff Roundtree said, the knee or foot wasn't that big a deal, but hitting him with a flashlight for no reason is. It's not needed, period!! Again, I'm not trying to ASSUME what happened there. Kayvon might have displayed a very poor attitude, while being taken in to custody; and McDuffie could have had a poor attitude!!

One thing I can tell you as citizens, who haven't done this job!! There is a LOT of pressure on us. Pressure to protect citizens and their property, pressure to make solid, truthful cases that will result in successful prosecution, pressure to be proactive; especially in finding and preventing crime where possible and pressure to do the right thing, reducing liability on the department and OURSELVES!!

Let me ask most of you a simple question; what would you do for $100,000.00 or more? Honestly, would you take a good butt beating for that much money? What about a couple black eyes or busted lip? Now, if you receive broken bones, that might just up the amount to 250k or more. What do you think you would do for that kind of money? Now, what if you were POOR; what would you do for it? This is LIFE changing type of money!!

Now, my point to this is; people will do crazy things for the aspect of getting this type money!! People are so SUE happy; they actually PLAN events; trying to get the police to beat them up, so they can sue!! I'm certainly NOT saying this is one of those cases. But I can't count the amount of times I've had a person arrested, in handcuffs and they DID and SAID everything they possibly could, to ENTICE us into beating them, while handcuffed (automatic lawsuit). Every law enforcement officer knows you DO NOT hit someone who is handcuffed; you can't articulate why you had to hit someone, when they are still handcuffed behind their back, it's impossible!!

I've had people call me EVERY name you can think of!! I've had them kick my windows out, spit on me, head butt me, and more!! You still can't hit them while they are handcuffed and THEY KNOW IT!! That's why they WANT you to beat them up, while handcuffed!! They know it's an automatic lawsuit, especially if you cause SERIOUS injury, then it's a MAJOR lawsuit!!

So Deputies, MUST have level heads!! Do you want to hand over 250k to this criminal, with you losing your job and ability to provide for your family? I've had so many actually TELL ME, when I take the handcuffs off, they are going to beat my butt (not the word they use). Then, at the jail when the handcuffs come off, they do NOTHING. Why? Quite simple, they wanted me to beat them, while handcuffed.

When you think about it; it's not much different than Insurance scams where people get in front of you and slam their brakes on, trying to make you hit them. Yes, they can get hurt but the reward is worth the risk, to THEM!!

Does anyone want to die for this money? Of course not, but the chances of someone dying from a beating, is VERY low. The chances of winning a BIG lawsuit, if you're beat while handcuffed is pretty high!!

palmetto1008
9782
Points
palmetto1008 08/19/13 - 10:32 pm
0
0
That's pretty much what I'd
Unpublished

That's pretty much what I'd thought you'd say, Myfather. If that was the content of the previous posts, I don't know why the truth was removed.

myfather15
59559
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myfather15 08/19/13 - 10:48 pm
1
0
The first comment was similar but;

I had added some specific comments on what COULD have been said by McDuffie or Kayvon; which including profanities that I had bleeped out intentionally. This might be what got them pulled, but I've seen others use #%^* in place of profanities. It's no big deal. The other comment, I was just busting someone on their hypocrisy. It's not worth repeating really.

myfather15
59559
Points
myfather15 08/19/13 - 10:51 pm
2
0
I would like to add one thing

I would like to add one thing though; I'm an honest person and I would never CHEAT someone to get money!!

But if YOU said "Hey dude, I'll GIVE you 100k to let me beat your butt for 2 or 3 minutes."

I'LL TAKE IT!!!

palmetto1008
9782
Points
palmetto1008 08/19/13 - 10:55 pm
0
0
well you got more @&%@&*&^#
Unpublished

well you got more @&%@&*&^# than I do if you'd take that.

Riverman1
117467
Points
Riverman1 08/20/13 - 02:49 am
5
0
The Old Message Board Favorite Line

"If you knew the facts that some people know you'd realize how ridiculous most of these comments sound. I won't put them out here but you can bet they'll materialize sooner or later and won't all be about McDuffie!"

Heh, heh, heh. That's the old message board favorite: "I know what really happened, but I'm not telling."

AutumnLeaves
11757
Points
AutumnLeaves 08/20/13 - 02:07 pm
1
2
harley_52, I read the letter,

harley_52, I read the letter, too, but there are errors in it. The officer only had in possession a plastic flashlight, non-issue, which is lighter and smaller than the one he described in the letter, for instance. I can not read minds so I don't know if the Sheriff believed he was being truthful or not. If you figure out how to do that, let me know, I'd like to try it on all of them. If the officer says he only meant to hit him with his hand, but the flashlight was in that hand at the time, that could account for an unintentional contact. Was the flashlight strapped to his hand, as some are, and swung around to make contact? The young man is lucky he wasn't holding a baton, like beat cops carry. Those pack a wallop if used intentionally or not, they are made of very dense, hard material and could have broken facial bones easily. I just think if this 260 pound man had wanted/intended to hurt this alleged trespasser, there would have been a lot more damage than a shiner. I just want the truth, whatever it is. There are too many mistakes being made in rushes to judgment. I don't like seeing morale plummet in the RCSO again either. It seemed to be making progress there for awhile.

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