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Former Orangeburg officer charged; SLED warrant alleges he forcibly stomped man with boot

Former Orangeburg Department of Public Safety Officer David Lance Dukes has been charged with first-degree assault and battery.

A S.C. Law Enforcement Division warrant accuses the 38-year-old Neeses Highway man of ordering another man to the ground at gunpoint on July 26.

“Officer Dukes then approached the victim, who was on his hands and knees. While the victim was in a defenseless position on his hands and knees, Officer Dukes raised his right leg and forcibly stomped with his boot on the victim’s neck and/or head area. The force of the blow caused the victim’s head to strike the concrete. The victim suffered a contusion to his forehead and was transported by EMS,” the warrant alleges.

Dukes appeared in a virtual bond hearing before Orangeburg County Magistrate Bob Lake mid-morning on Saturday.

Attorney Justin Bamberg has released this video, claiming it is bodycam footage of 58-year-old Clarence Gailyard of Orangeburg being “stomped on the head by former Orangeburg police officer David Lance Dukes as he was attempting to comply with Dukes' commands during a July 26 encounter.” Dukes has been charged with first-degree assault and battery in the incident and terminated from the Orangeburg Department of Public Safety.

First Circuit Solicitor David Pascoe asked the court to consider the nature of the charge and set a reasonable surety bond.

Pascoe told the court that Dukes’ alleged actions are recorded on video.

He also asked the court to prohibit Dukes from possessing any firearms as part of his bond conditions.

Jack Furse, the attorney representing Dukes, asked the court to release Dukes on his personal recognizance due to his client’s lack of criminal history and his significant ties to the Orangeburg community.

Orangeburg Mayor Michael Butler, Administrator Sidney Evering II and Department of Public Safety Chief Mike Adams discuss allegations that an officer violated the department’s use of force policy.

Furse told the court that Dukes was born and raised in the Orangeburg community and has a fiancé and two young children who live in the area.

“He has fully cooperated with law enforcement,” Furse said.

“He’s taking this case very seriously,” he added.

Furse also said, “This is a difficult situation and an unfortunate situation.”

“He has absolutely no violent history and he’s not a proclivity to violence,” he said.

In setting bond, Lake noted, “I agree with Mr. Pascoe on the nature of the offense.”

Lake set Dukes’ bond at $10,000 cash or surety. He’s not to possess any firearms while out on bond.

The incident occurred on July 26 as officers responded to a report of a person with a gun on Colleton Street, according to ODPS Chief Mike Adams.

Dukes allegedly encountered 58-year-old Clarence Gailyard, who was walking with a stick and completely unarmed, said Justin Bamberg, Gailyard’s attorney.

Gailyard has pins and rods in his knee, leg and hip from a previous injury, Bamberg said.

“Officer Dukes ordered my client and another individual to get on the ground, but because of my client’s disability, he’s relatively slow,” Bamberg said.

He says Gailyard was trying to get down as quickly as possible when Dukes allegedly stomped him.

On Friday, Orangeburg city officials called a press conference to announce that Dukes’ employment with the city was terminated following a review of the incident and video from it. Bamberg says the video will be released at some point.

If Dukes is convicted, he faces up to 10 years in prison.

Contact the writer: mbrown@timesanddemocrat.com or 803-533-5545. Follow on Twitter: @MRBrownTandD

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