Crime & Courts

Richmond Co. | Columbia Co. | Aiken Co. |

Richmond County deputy appeals firing

Thursday, Aug 22, 2013 3:13 PM
Last updated Friday, Aug 23, 2013 1:25 AM
  • Follow Crime & courts

Ex-Deputy Brian McDuffie’s lawyer has filed an appeal of termination with the sheriff’s office, according to information made public Thursday.

McDuffie, 33, was fired by Richmond County Sheriff Richard Roundtree on Aug. 12 after an investigation into allegations the deputy used excessive force while detaining a 15-year-old.

According to his termination letter, McDuffie was helping another officer handcuff Kyvan James when he stepped on the teen’s back and hit him in the head with a flashlight.

James was being held after he and another teen ran from deputies, who were investigating a possible burglary. He was arrested for obstruction of an officer but was not charged for the burglary, which police determined to be a false call.

Roundtree defended the termination and said the blow to the head could have resulted in serious or lethal injury.

Officers have 10 days following termination to file an appeal.

According to the appeal of McDuffie’s termination letter, Attorney Ken Nimmons hand-delivered it to Roundtree nine days after the firing.

The disciplinary board has 45 days to make a final decision.

Comments (36) Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
seenitB4
85720
Points
seenitB4 08/22/13 - 04:02 pm
8
1
No surprise here

That is his right to appeal.

seenitB4
85720
Points
seenitB4 08/22/13 - 04:03 pm
7
1
A false call

He was not charged for the burglary, which police determined to be a false call.

Soo......what caused the false call?

rmwhitley
5542
Points
rmwhitley 08/22/13 - 04:31 pm
0
0
Sorry, officer McDuffie.
Unpublished

That boy you tried to take into custody could have been massa obama's son.

lifelongresident
1323
Points
lifelongresident 08/22/13 - 04:48 pm
0
0
unfortunately deputy you will
Unpublished

unfortunately deputy you will be sacrificed on the alter of political correctness and not be given your job back becasue the local race pimps and religious/community bottom feeders are waiting to scream racism (should you be given your job back) so the blacks on the appeal board will not dare vote in your favor and the whites will not vote in your favor for fear of being branded a racist...i wish you much luck in your future and i thank you for each day you put that badge on willing to lay your life down so that i may make it home.

owensjef3
5639
Points
owensjef3 08/22/13 - 05:00 pm
8
8
Yea he looks like he doesn't
Unpublished

Yea he looks like he doesn't like to run.

nocnoc
41312
Points
nocnoc 08/22/13 - 05:51 pm
7
2
Maybe some additional facts will come out.

Notes:
False Calls can be a criminal act.
So the statement depends in which manner the phrase was used.
Was it False as in over excited homeowner seeing 2 teens in their backyard at 11:30+PM. Or, A bogus call all together.

QUESTIONS:
What was the circumstances that determined it was false and when?

Was it determined to be a False call at that time, or after the MEDIA circus the next morning?

Was there community pressure regarding the homeowner?

Has the 911 call been released or a transcript of it?

It will be nice to see ALL the facts and let them fall as to do.

ragingbull
945
Points
ragingbull 08/22/13 - 07:56 pm
5
13
This is just all a part of

This is just all a part of the left leaning bed wetting liberalism that is taking over Richmond County. The big bad black man fired the big bad white man. Why? Because he could.

KSL
126737
Points
KSL 08/22/13 - 09:00 pm
6
5
What is amazing to me is the

What is amazing to me is the facts surrounding the burglary call have not been discussed at all.All we know is that the kids were stupid enough to run from officers, but since they were not charged, the Richmond Co police dept doesn't think they are guilty. Now who knows exactly what caused the initial 911 call?

KSL
126737
Points
KSL 08/22/13 - 09:05 pm
7
2
There are just way too many

There are just way too many questins that have not been addressed.

Georgialina
7441
Points
Georgialina 08/22/13 - 09:32 pm
8
5
too many questins that have not been addressed

I agree. There needs to be more answers before a man's career is ended. Who made the 911 call and what did they see (or think they saw)? Why did one of the kids run? What was he guilty of to make him run? Law abiding citizens don't run from the police.
Also a valid point... When the PoPo says stop, you stop. That usually saves you from getting a whack in the head from a flashlight.

JRC2024
8548
Points
JRC2024 08/22/13 - 09:45 pm
5
4
Geolinge I like your avatar..

Geolinge I like your avatar.. I would appeal it also if it were me. Why is the kid not being charged or am I missing something?
owensjef, He may not like to run but the kid did and that made him look guilty and do you think the homeowner should be charged for making a false call? I think now if I was a officer I would never chase someone and catch them because you are bad if you do and bad if you do not. At least if you do not then you can not be charged with anything. In my neighborhood you would be applauded for catching the bad guys. Not so in other areas.

AutumnLeaves
7139
Points
AutumnLeaves 08/22/13 - 09:46 pm
7
4
Brian McDuffie is appealing

Richmond County deputy Brian McDuffie is appealing his firing? Good.

validPoint
982
Points
validPoint 08/22/13 - 10:04 pm
3
6
Distractions

The call could have been nothing more than a silly prank. Years ago, pranksters would actually send the fire truck to houses that were not burning. They would send the ambulance to homes that had no sick or dead. Sometimes, the immature simply will pull pranks. Nothing new.

One thing is not common is for an attorney to hand deliver a notice for his client. Wonder what that was all about, truly the business is not so slow the attorney cannot afford a postage stamp, and I refuse to believe it was a covert act of attempted intimidation. If so, no doubt it will not work.

Another thing, surely Richmond county also has legal counsel that is available to the sheriff. That being in place, the sheriff also exercised his right to seek provided legal counsel before terminating McDuffie. That too, will probably come out.

validPoint
982
Points
validPoint 08/22/13 - 10:54 pm
7
6
"Whack In The Head From a Flashlight"

The only thing that could possibly cut sharper than a flashlight improperly used is ignorance on display and an obvious coward who would uphold such behavior. All these things make a marked contribution towards the decline of a country. The sickest thing is this type personality will try to define "worst" by failing to check personal behavior. "Po Po" or not.

Young Fred
16799
Points
Young Fred 08/23/13 - 01:14 am
6
4
Wow, Valid - you seem sure of

Wow, Valid - you seem sure of your "opinion" or are they facts? nocnoc and ksl raise legitimate points.

Is it your contention that a "silly" prank was going on, while simultaneously a citizen was crazy scared and typical neighborhood foolishness was happening?

All an "overreaction" I suppose?

I submit that a "PUNK" got lucky.

A little wuss, who still cries to "mama" when the "stuff" hits the fan.

It's like this - you're either man enough to take it, or you're a mama's boy.

If it had been me, my mother would've said: "why did you run?" She would've said: "man up" if you think you're a man! You got smacked? Live and learn! Then if I made it home, she would've smacked me In the back of the head and said: "what the heck is your problem?

And I would've been ashamed!

You remind me of the type that pokes holes in every reaction, while suing when the reaction is not "appropriate" per your definition.

myfather15
54853
Points
myfather15 08/23/13 - 05:53 am
5
2
Question

"Roundtree defended the termination and said the blow to the head could have resulted in serious or lethal injury."

Question Sheriff: If you honestly feel this way, why are you not pursuing criminal charges against McDuffie?

In all seriousness; if a person believes this blow was HARD ENOUGH to possibly cause death and with such malicious intent that he was terminated, why no criminal charges?

Now, I'm not advocating criminal charges, without furter information; but it makes no sense to make that statement and NOT file charges, don't you think?

pantherluvcik
628
Points
pantherluvcik 08/23/13 - 06:04 am
7
7
These comments are hilarious.

These comments are hilarious. I believe the fact that this kid was African American is the only reason half the people are supporting this renegade police officer. I don't care if he had to run to Africa to catch this kid he has no right to hit a suspect once he is in custody, just because he had to chase him. If this were some white 15 year old so called upstanding citizen from Columbia county that got cracked on the head I bet the comments would be a whole lot different. But I don't care if the kid was white, black, purple, or green he had no right to hit anyone once he was caught and being handcuffed. And a previous article did say the kid was charged with obstruction or some other nonsense charge. I hope they uphold his firing because I for one will feel a lot safer with officers that value all citizens and observe the rights of all suspects when protecting our great city. Excessive force is not a requirement to be in law enforcement. They should be held to a higher standard and this bumbling crime stopper is not cutting the mustard.
And ragingbull I think he fired him because he didn't follow policy, not just because he could. Apparently the other officers on the scene were honorable enough not to lie for him.

corgimom
31448
Points
corgimom 08/23/13 - 06:12 am
6
4
"If this were some white 15

"If this were some white 15 year old so called upstanding citizen from Columbia county that got cracked on the head I bet the comments would be a whole lot different. "

Not from me, you run from the police, bad things will happen, and it doesn't matter what color you are.

Had that happened to me, my parents would've said, "This is YOUR FAULT for running, YOU did wrong, not the police" and then they would've whipped my behind.

Maybe that's why they raised 5 kids and none of us have ever been in trouble.

palmetto1008
9782
Points
palmetto1008 08/23/13 - 06:36 am
6
11
Ah, wisdom from another once
Unpublished

Ah, wisdom from another once perfect kid who had perfect parents..

nocnoc
41312
Points
nocnoc 08/23/13 - 06:38 am
6
3
validPoint - false calls

ID blocking I don't think works for 911 Calls.
If phone was used and number is likely known.
Whether its a land line of a Cell line is 1 question.
Also many 911's have GPS location tracking of Cells built into the system.

A cheap disposable phone ($14.95) with 100 mins, may have been
used, but it still leaves a Digital Voice print that can be compared.

As I have said before, there are too many unanswered questions.

I have to ask.
Are the answers being avoided because of a very vocal Mama protecting her asthmatic, under weight, out late, running baby, because I'd like to know?

CobaltGeorge
155489
Points
CobaltGeorge 08/23/13 - 06:42 am
2
3
Just My Opinion myfather,

but I think you should read and no comment this topic.
Remember my saying, "Fear nothing but the snake you don't see" but there are out of sight snakes in this grass.

pantherluvcik
628
Points
pantherluvcik 08/23/13 - 07:18 am
5
6
Corgimom I actually believe

Corgimom I actually believe that you would feel the same way and i'm only speaking to the race baiters on here. I have to agree that my parents would have beat my behind, but they would not have let this officer get away with abusing his authority. I feel like officers should be able to control their emotions because they never know what kind of situation they're going into. They should remain poised and evaluate the situation without anger clouding their judgment. I know what they deal with beacause I dated an officer for 3 years and I sympathize with their challenges.

I once had my back door kicked in and the next door neighbor called the police and then called me at work. When I got there the suspects had left their car and all my electronics at my back door and ran. The officer was there and the suspects girlfriend and her family had the nerve to come to my house and make a scene to get the car back. He was asking them to leave my yard and step on the sidewalk. They refused to move and he was getting rather irritated, but not aggressive even though they refused his command. I told him let them stay there and talk because they're just words and there was no need for him to bother with them. He said you know you're the nicest victim or suspect i've ever encountered. He pointed to them and said this is what we usually have to deal with. I said there's no need to be ugly, noone was hurt and nothing was taken. And then I said if you have to deal with that on a regular basis I can understand your frustration. But he was poised and respectful even though they didn't move. That's the kind of officer I prefer to deal with. Someone who evaluates the situation calmly and objectively. When the detective got there the girlfriend and the family were calm and she told on her boyfriend. Everyone won in the end excluding the fact that I had to get another door and frame.

CobaltGeorge
155489
Points
CobaltGeorge 08/23/13 - 08:00 am
4
4
pantherluvcik

Sure is nice to live in "Mayberry". That nice "Friend" didn't realize it, but very well put his life in danger. I think every good Po-Po is trained to do everything to prevent a fuse from being lit.

pantherluvcik
628
Points
pantherluvcik 08/23/13 - 07:27 am
2
4
Well Cobalt they weren't

Well Cobalt they weren't armed and they were all outside the car and he did a very good job of keeping them at the outer edge of the yard. If they came closer to him or me, and I was standing next to him talking, he backed them up. He was trained just fine and I actually called the station to express what a great job he did. Everyone is not violent and does not have to be treated like garbage because they exercised poor judgment. He wanted them to stay on the scene so they could speak to the detective and they actually spilled some good information that helped the detective without even being questioned, just because he let them run off at the mouth. We need more officers that respect citizens and I never once felt as if I was in danger.

Young Fred
16799
Points
Young Fred 08/23/13 - 07:38 am
8
4
Panther

You said you’d be willing to bet the reaction would be different if this was a 15 year old white kid; and for most, that’d be a bet you’d lose.

A punk is a punk no matter what color. Ya see, for most, “punk” has no noticeable color, just a noticeable attitude.

But we all know what is really going on here. This ‘lil boy will get off this time, maybe even his family will get a monetary return. It will be a “lesson” he’ll not forget. He’ll brag and strut for a while, and within a few years he’ll be another statistic. He’ll have a record or be in jail, because he “learned” if you do wrong, you may get lucky. But he won’t have learned stats are against you and you can’t get lucky every time.

What a shame, what a loss, what a waste.

And to think, it all started with a parent that allowed their child to roam the streets, at 11:00pm.

nocnoc
41312
Points
nocnoc 08/23/13 - 07:48 am
7
1
The Overly tolerant Police Officer

I guess I see it differently.

The officer failed to control the crowd at the scene,
Allowing the screaming and yelling demands placed you and him in harms way if it escalated.

They refused a lawful order to leave,
At that point could have been charged with criminal trespassing or failure to obey a lawful order.

BTW: How did the girlfriend know where to find her car was so quickly? Did her Boyfriend who was out working, run home an d tell her? Was a car dispatched to her house to pick up her criminal boyfriend?

Plus there are a slew of pertinent questions that remained unanswered for me.

An you are happy with $300-$500 damages from a door that was kicked in, your house was likely ram-stacked and some electronics likely damaged as they were gently placed in a pile next to the destroyed door for dump into a "borrowed" car for removal.

But all is OK in Pleasantville.

navycubfan
194
Points
navycubfan 08/23/13 - 07:50 am
7
2
And to think, it all started with a parent that allowed their...

"And to think, it all started with a parent that allowed their child to roam the streets, at 11:00pm."

Yeah Fred...and with a momma who wanted to protect her "baby" from the big bad police. If she wanted to protect him.. make sure he's home and not roaming...and before any says anything like "He wasn't roaming." Think about this. He was out on the street at 11pm. The only indication we have is that he was running home AFTER the police ORDERED he and his friend to STOP. No indication that they were on their way. And if it was my kid and for some reason I allowed him to be at a friends house that late I would have picked him up from where ever he was. How can I say this?? Because it's happened. Nothing good ever happens after dark. I don't care if it's RC or CC or Mayberry. Evil loves the dark and hates the light.

CobaltGeorge
155489
Points
CobaltGeorge 08/23/13 - 08:05 am
2
2
Also, I Think When You Said....

" I told him let them stay there and talk because they're just words and there was no need for him to bother with them."

That sure looks like interfering with the duties of an LEO..There are charges for that!

Little Lamb
45323
Points
Little Lamb 08/23/13 - 08:24 am
2
3
False Call

NocNoc asked:

Was it False as in over excited homeowner seeing 2 teens in their backyard at 11:30+PM. Or, A bogus call all together.

I don't remember whether it was in a Chronicle story or a radio broadcast, but I distinctly remember some news report saying that the 911 caller said there were intruders in her house. Now, all anybody is talking about are the two boys in her back yard. There's a big difference. The 911 call hopefully was logged and is still retrievable.

Little Lamb
45323
Points
Little Lamb 08/23/13 - 08:29 am
6
4
Sad Fact

The only ones who can help former Deputy McDuffie at his hearing are the other officers who were at the scene. Sadly, if they are called to testify, their testimony will be what the sheriff wants it to be. Otherwise, they will be in the same unemployment line as McDuffie.

Back to Top

Search Augusta jobs