Victim of police assault gets settlement from Midlands city
A Midlands man who was assaulted by a law enforcement officer was issued an apology and given a $650,000 financial settlement from the City of Orangeburg.
On July 26, Clarence Gailyard was physically assaulted by former Orangeburg Department of Public Safety officer David Lance Dukes, according to a joint statement from the City of Orangeburg and Gailyard’s attorney, S.C. Rep. Justin Bamberg.
Police body camera footage shows Dukes stomping on the neck and head of the 58-year-old Orangeburg resident. Gailyard, who is Black, was on his hands and knees when Dukes, who is white, violently pushed him onto the ground with his boot, the video shows.
Upon learning of the incident, the Orangeburg Department of Public Safety fired Dukes, according to the statement.
After an investigation, the South Carolina Law Enforcement Division arrested Dukes on a first-degree assault and battery charge on July 31, according to SLED.
On Wednesday, city officials apologized to Gailyard, and announced the settlement, which will be paid by the city’s insurance carrier.
“Mr. Gailyard is pleased to put this very troubling incident behind him and looks forward to moving on with the rest of his life,” Bamberg said in the release. “We appreciate how quickly Orangeburg city leadership moved to make this right by Mr. Gailyard.”
SLED Special Agent Ryan Kelly said Gailyard sustained a contusion on his forehead during the incident.
Officers were responding to the area after receiving a call about a person with a gun, the Times and Democrat reported. Officers did not find a gun, and Kelly said investigators don’t believe anyone had a gun before officers arrived, according to the Times and Democrat.
A female officer at the scene reported Dukes’ use of force to the sergeant on duty, ABC News reported.
Orangeburg City Administrator Sidney Evering did not offer any excuses for Dukes’ action.
“We understand that these officers have a difficult job and put their lives on the line every day, and for this we are extremely grateful. The vast majority of our officers do their jobs with honor and ensure that the citizens they are entrusted to protect and serve are treated fairly and with respect,” Evering said in the release. “However, when an officer falls short of these expectations and conducts themselves in ways unbecoming to their department and the City, that officer must and will be held accountable.
“That’s exactly what we’ve done in this instance.”
In addition to the settlement, Evering said Orangeburg has taken steps to ensure that the Department of Public Safety is moving in the right direction. That includes hiring Charles Austin as interim police chief, and he is expected to review the department’s use of force policies and procedures, according to the statement. In addition, a Citizen’s Task Force to provide oversight and guidance about interactions between residents and officers was also established, Evering said.
“We will continue to learn from this situation and pledge to do our very best for those who live, work and travel through Orangeburg,” Evering said.
Bamberg complimented Orangeburg officials for the handling of the incident.
“I’ve handled numerous cases involving police violence previously and rarely have I seen a city swiftly accept responsibility and also work to ensure that this never happens to another person,” Bamberg said.
BEHIND THE STORY
MOREThis is a breaking news story
In a breaking news situation, facts can be unclear and the situation may still be developing. The State is trying to get important information to the public as quickly and accurately as possible. This story will be updated as more information becomes available, and some information in this story may change as the facts become clearer. Refresh this page later for more updated information.
