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SLED outlines case against officer
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SLED outlines case against officer

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Officer Hearing

S.C. Law Enforcement Division Special Agent Ryan Kelly responds to questions from attorney Shaun Kent at the preliminary hearing for former Orangeburg Department of Public Safety officer David Lance Dukes.

Justin Bamberg, who represents Clarence Gailyard, speaks to T&D reporter Martha Rose Brown following the preliminary hearing for former ODPS officer David Lance Dukes.

A S.C. Law Enforcement Division agent outlined the allegations against a former Orangeburg Department of Public Safety officer during a preliminary hearing on Thursday.

Former ODPS officer David Lance Dukes, 38, is facing the charge of first-degree assault and battery.

Dukes is accused of placing his boot on the back of Clarence Gailyard’s head/neck area and pushing him to the ground in a July 26 incident on Colleton Street. ODPS terminated Dukes.

Attorney Justin Bamberg held a press conference to discuss the bodycam video that shows the incident involving former Orangeburg Department of Public Safety officer David Dukes and Clarence Gailyard. Attorney Justin Bamberg has released 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.

Dukes was not in attendance at his hearing. He was represented by attorney Shaun Kent.

During Thursday’s hearing in Orangeburg County magistrate’s court, SLED Special Agent Ryan Kelly said the agency believes Dukes “forcibly stomped” Gailyard. SLED claims Gailyard was on his hands and knees at the time.

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Gailyard sustained a contusion on his forehead, according to Kelly.

S.C. Law Enforcement Division Special Agent Ryan Kelly responds to questions from attorney Shaun Kent at the preliminary hearing for former Orangeburg Department of Public Safety officer David Lance Dukes.

Someone had called officers to the area, claiming they saw a person with a gun.

Officers weren’t able to find a gun.

Kelly said investigators don’t believe anyone had a gun before officers arrived.

A defendant can request a preliminary hearing to see if the prosecuting agency can show reasonable grounds for alleging a crime was committed.

Kelly said footage from several cameras, with some being worn by officers and others on patrol cars, show the encounter.

Orangeburg County Chief Magistrate Derrick Dash presided at the hearing.

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

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