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Lawyer of man stomped by former Orangeburg police officer calls for more accountability

Published: Aug. 3, 2021 at 1:53 PM EDT|Updated: Aug. 3, 2021 at 7:30 PM EDT
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ORANGEBURG, S.C. (WIS) - A 58-year-old man in Orangeburg who was stomped by a former Orangeburg Department of Public Safety officer addressed the public Tuesday alongside his lawyer.

The former police officer, David Dukes, has since been arrested and charged with first-degree assault and battery.

Clarence Gailyard said he was walking with his cousin when Dukes jumped out of a police car with his gun drawn and ordered them to the ground.

PREVIOUS STORY | Orangeburg officer fired after excessive use of force on Black man
David Dukes was fired from the Orangeburg Department of Public Safety and faces assault charges.
David Dukes was fired from the Orangeburg Department of Public Safety and faces assault charges.(Orangeburg Dept. of Public Safety)

In a video released by the victim’s attorney, body camera footage shows Dukes stomping on the back of Gailyard’s head after he was already on his hands and knees on the ground.

Watch the video in full below:

Police had been called that day, July 26, about a person with a gun.

Gailyard’s lawyer said he was unarmed and was complying with officers, but was moving slowly because he has several rods and pins in his leg and hip from a previous injury.

The victim’s face is seen on the video smashing into the pavement. His lawyer said he suffered an acute head injury and bloody knot on his forehead. He needed to go to the hospital for treatment.

At the time of the incident, Dukes claimed he and Gailyard “merely fell to the ground,” the lawyer, Justin Bamberg, said.

Bamberg said he obtained a police report written by Dukes that lied about the use of force. However, a sergeant told Dukes to rewrite the report after watching the video, Bamberg claimed.

Gailyard, who has a scar in the middle of his forehead, said he wants change.

“I don’t want them to do that to somebody else,” he said. “Every time I look in the mirror I think about what happened. It could have been worse. I could have died. He could have died.”

When asked if he believed Dukes treated him differently because of his race, Gailyard said that’s something the officer needed to answer.

He said he was thankful for another officer on the scene who treated him and his cousin with respect.

“All officers is not bad,” he said. “Some are good.”

Police did not find a weapon at the scene, Bamberg said.

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