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.
myfather15
55706
Points
myfather15 08/23/13 - 08:35 am
4
2
George

Absolutely correct!! The victim saying "They can stay" means nothing. We separate parties involved in emotional situations like this, to reduce the POSSIBILITY of ANY arguing back and forth!! People might not like it, but when we are called to a criminal incident scene, it's OUR scene!! UNLESS you decide you do NOT want to report the burglary at all, then YOU can tell us to leave. But while WE are investigating the crime; we decide who comes and goes from the scene. It helps us in preserving evidence and maintaining a control scene. We don't want to have to break up arguments or fights, while working a burglary!

" 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."

Really? You expect us to believe you said "no one was hurt and nothing taken." Right after your home was broken into and your belongings were lying on the back porch? So they WERE going to take your stuff, but you thought "Oh well, no harm no foul"? I've NEVER seen a victim of a residential burglary act this calm and collect. Victims of burglaries are almost always very emotional and upset, because it's their sanctuary that just got violated!!

But I suppose we are to believe this story of superior superhuman calmness; why? Because it furthers your point? Just curious!!

myfather15
55706
Points
myfather15 08/23/13 - 08:39 am
4
4
panthers

By the way; I did thumbs down your first post; not because I disagree with it totally, but it was nothing but race baiting!! People like you can't get in through your head; others are tired of CRIMINALS taking their stuff, running from justice, robbing, shooting, and any other non-honorable acts!! It has NOTHING to do with what color they are!!!

InChristLove
22473
Points
InChristLove 08/23/13 - 08:52 am
3
3
A question that keeps

A question that keeps lingering in my mind is, this young teen supposedly weighs less than a hundred pounds, took off running, and the article stated Officer McDuffie had to assist the other officer in getting the handcuffs on the teen. Why? You have a asthmatic teen who just ran, weighs less than 100 lbs. and you have trouble getting handcuffs on him? Doesn't make sense.

Also, it stated Officer McDuffie struck this teen several times and the teen had bruises and other cuts to his face (original article) but the picture they placed in the paper shows a slight bruise under the eye, no other markings on this boys beautiful face.

Momma, please take warning. You have a beautiful child that could go far in life....please take a firm hand and raise him correctly or else a small bruise under the eye will seem minor when you are faced with identifying him on a morgue slab if his life continues down this street life attitude and disrespect. What does Barney say "Nip it in the bud".

ColdBeerBoiledPeanuts
7808
Points
ColdBeerBoiledPeanuts 08/23/13 - 10:23 am
4
1
Control

Folks, from experience a 100 lb teen can put up a fight. If they are resisting being handcuffed then it can take 3 or 4 big deputies to subdue and handcuff them without inflicting serious injury. You notice, I say serious injury and not a bump or bruise!!! A blow from a flashlight would have left a knot or worse on the "childs" head. If you want comparables, think about the times you've bumped your head on something!!!

daphne3520
950
Points
daphne3520 08/23/13 - 10:51 am
0
0
Red Headed Step Child
4062
Points
Red Headed Step Child 08/23/13 - 11:27 am
5
0
I just don't know what to think about this anymore...

There are a lot of unaswered questions. I would hope that the other officers who were involved DID give honest testimony as to what happened, and that IF McDuffie was overzealous, then he should have been disciplined appropriately. If this was a PC move by the Sheriff's office, then shame on them.

As for a 100lb kid, my son weighs about the same as this kid, and he is STRONG! It took three burly nurses and an orderly to hold him down to put an IV in him (severely needle-phobic). Don't let the size fool you...

Austin Rhodes
2862
Points
Austin Rhodes 08/23/13 - 11:38 am
4
2
FALSE CALL ? Hogwash.

Who started THAT tall tale? It was a 100% legit call...they just never charged anyone. They supposedly found an open window, but no direct proof the two fine young men hanging out in the strange backyard after 11pm in the dark had actually been in the house.

One ran...the other did not. Guess who ended up injured?

He was tackled (the 100 pound 15 year old "track star" in the making) by a 130 pound deputy running full tilt boogie.

But NO false call. Where do you people get this stuff from? Just like the HILARIOUS comment that they were profiled. Seriously?

Little Lamb
46022
Points
Little Lamb 08/23/13 - 12:01 pm
5
2
Close Call

Well, it was a valuable training exercise for the two young men. They'll do a better job casing out the joint on the next attempt.

Lorraine
140
Points
Lorraine 08/23/13 - 03:26 pm
4
2
Whether you will admit to it,

Whether you will admit to it, many of you readers here are indeed playing the race card. Bottom line, the officer did not follow established policy. Just by chance, if force was needed to restrict this teenager's movement, a baton would be the proper and authorized equipment to use. Oh, I just remembered, the officer left the baton at home and his wife says that her husband was just doing his job. Yeah, right. Remember there is a new sheriff in town!

Darby
25694
Points
Darby 08/23/13 - 06:26 pm
4
0
This guy has to be the

consummate optimist.

validPoint
982
Points
validPoint 08/23/13 - 05:13 pm
3
2
Did anyone else see...

Did anyone else see the interview conducted with a neighbor who said the kids in that neighborhood were afraid of the police because the police had caused the kids in that area to be afraid? It aired on the news, and surely I was not the only one watching.

Anyway, not even a parent should have the right to use a flashlight as a disciplinary tool. Certainly not a policeman. Personally, I would be ashamed for anyone to know that I call a place home that would uphold such brutality. Remember, more than Augusta is watching this.

I really wish I could at least smile at some of these comments. Oh, how I wish I ould at least smile. However, many of the comments are so pathetic, I shiver because it is most difficult for me to believe the message they communicate. The saddest thing is, some support this craziness, and some even convey the message that they believe it a righteous thing to do. My thought is: "what is this old world coming to, and where does it think it is heading?".

As a result, I just simply feel like breaking down and crying tears of sadness for the generation to come. If it makes it.

Back to Top

Top headlines

Many black colleges struggling

Although Paine has struggled with its own failures over the past several years, HBCUs across the nation are dealing with some of the same troubles that are threatening their missions and existence.
Search Augusta jobs