Good Cop Gets Bad Cop Fired and Arrested

[Music] welcome to audit the audits where we sort out the who and what and the right and wrong of police interactions this episode covers use of force officer obstruction and official misconduct and is brought to us by cameras everywhere's channel be sure to check out the description below and give them the credit that they deserve on july 26 2021 officer david lance dukes of the orangeburg department of public safety responded to a call regarding a man banging on a townhouse door allegedly with a gun in his waistband when he arrived on the scene officer dukes immediately drew his gun and ordered 58 year old disabled man clarence yard and his cousin mario julian who were standing in the parking lot outside the townhouse to the ground hey let me see your ass bro get on the ground get on the ground get on the ground right here get on the ground you burn your shirt get on the ground over here on the ground on the ground get on the ground do you not listen get on the ground mr gailyard attempts to comply with officer dukes's orders by getting onto his hands and knees but officer dukes forcefully uses his foot to attempt to force mr gailyard all the way to the ground causing his head to violently hit the pavement in the 1989 case of graham vs conor the supreme court explained that the fourth amendment requires a police officer's use of force to be quote unquote reasonable under the circumstances and identified three factors that courts should consider when determining whether an instance of force was reasonable these factors include quote the severity of the crime at issue whether the suspect poses an immediate threat to the safety of the officers or others and whether he is actively resisting arrest or attempting to evade arrest by flight more recently in the 2016 case of armstrong vs village of pinehurst the fourth circuit which includes south carolina held that quote non-compliance with lawful orders justifies some use of force but the level of justified force varies based on the risks posed by the resistance even purely passive resistance can support the use of some force but the level of force an individual's resistance will support is dependent on the factual circumstances underlying that resistance in this situation the severity of the crime at issue was limited at best although officer dukes claimed to believe that mr gailyard had a gun at the beginning of the interaction however at the time officer dukes used force against mr gailyard it was clear that he did not pose an immediate threat as he had raised both of his empty hands above his head before getting on his hands and knees finally mr gailyard was not resisting arrest in any way in fact he was attempting to comply with officer dukes's commands when the force was employed under these circumstances it is highly likely that a court would conclude that officer dukes's use of force against mr gailyard was neither justified nor reasonable you're not listening dude [Music] all right you got a gun on you man no i ain't got no god oh watch him go watch him there it is all right who's there complaining all right get up get get him up here put your leg up 25 cent you got one tank put your leg that way you can stand up all right let's come back go back inside go back in the house go back in the house ain't nobody talking to you i got a head drummer go back in the house yeah y'all bust my head down yeah i've been in accident yo y'all brush my head down you throw me down i showed you what listen yeah no i didn't you had to throw me down like that i'm disability okay i got the head problem yep you threw me down yeah you throw me down you throw me down yo you brush my head down on the ceiling all he right my head down on the ceiling he was he was in front of the car when i came up and he was walking like this and i thought it was a gun at first i said drop the gun drop don't drop drunk drop the gun i had him at gunpoint he's over here doing something like this what he was doing is putting this up behind the tire so he comes over right here you got his hands in his pockets i'm telling him let me see your hands let me see your hands let me see your hands he wasn't listening he got the like this right here we went on the ground officer dukes claims that when mr gailyard was walking from behind the white vehicle he believed that he had a gun and repeatedly told him to drop it officer dukes also alleges that once mr gailyard stepped in front of the vehicle he had his hands in his pockets and repeatedly ignored requests to show his hands however the body cam footage shows that mr gailyard actually had his hands above his head and that while officer dukes repeatedly screamed at mr gailyard to get on the ground he never asked him to drop a gun or show his hands likely because mr gailyard's hands were visible throughout the encounter an incident report filed by corporal brandy smith who was also on the scene states that while mr gailyard was walking from the passenger side of the vehicle he appeared to have his hands in his pockets but that once he reached the front of the vehicle he took his hands out of his pockets corporal smith's report also states that officer dukes was giving loud verbal commands for mr gailyard to get on the ground but makes no mention of a gun or any commands to drop a gun or show his hands it's also important to note that when officer dukes was reporting what happened he did not explain the method he used to take mr gailyard down corporal smith's report claimed that when mr gailyard did not get completely on the ground officer dukes pushed him to the ground by placing his right foot on the middle of mr gailyard's back however the incident report filed by sergeant acquail polidor states that officer duke's quote jumped up and stomped mr gailyard on the back of his neck with his foot although it is unclear from the body camera footage whether officer duke's foot landed on mr gailyard's neck or upper back it is certain that the version of events officer dukes explained to his commanding officer did not align with the body camera footage or the reports filed by his colleagues [Applause] right here come check him out [Music] my forehead you know what i'm saying that's where i'm coming from because when he was behind the truck i couldn't see what he was doing and i didn't know where i ain't nothing there where that went that was still in his pockets when he come around that car with his hands in his pockets [Music] oh lord um [Music] okay hold on we we have cars all right [Applause] thank you when mr julian asks officer dukes for a business card officer dukes claims they are not issued cards by their department however sergeant polidor immediately corrects officer dukes states that they do have cards and provides mr julian with the information he requested if it was concluded that officer dukes intentionally lied to mr julian in an attempt to avoid accountability for his actions it is possible that he could be convicted of two common-law crimes under south carolina law obstruction of justice and official misconduct in the 1997 case of state vs lyles gray a court of appeals in south carolina upheld convictions for both of these offenses against an officer in the camden police department for her conduct during a criminal investigation the court explained that quote under common law obstruction of justice it is an offense to do any act which prevents obstructs impedes or hinders the administration of justice and that quote misconduct in office occurs when persons in public office fail to properly and faithfully discharge a duty imposed by law in this situation the court concluded that the officer obstructed justice and committed misconduct in office by failing to interview witnesses after her daughter was identified as a suspect obtaining a false arrest warrant for another suspect and withholding evidence while officer dukes's lie about whether the department issues identification cards did not rise to the same level of misconduct given the broad definition of both of these offenses it is still possible that he could be convicted if charged however it is important to note that while some states legally require officers to provide id to citizens upon request south carolina law does not place this obligation on officers additionally many police departments have policies requiring that officers identify themselves but the orangeburg department of public safety's policy is not publicly available and it is unclear whether their policy adheres to any form of officer identification guidelines yeah all right you can get his stuff off after mr gailyard was treated by ems he and mr julian were allowed to leave two days after the incident officer dukes was fired from the orangeburg department of public safety for violating the department's use of force policies which as stated before are not publicly available on august 25th 2021 former officer dukes was charged with first-degree assault and battery which could carry a sentence of up to 10 years in prison as of the date of this episode mr gailyard is represented by an attorney but he has not yet taken any legal action against officer dukes or the department overall former orangeburg officer dukes gets an f for physically assaulting mr gailyard for no apparent reason blatantly lying about the nature of the interaction in his police report and for making a concerted effort to avoid being held accountable for his ridiculous antics at no point during this encounter was mr dukes in any danger and it is clear that his violent actions were motivated by his ego not officer or civilian safety there was absolutely no legitimate excuse for shoving mr gailyard's face into the pavement when it was plainly obvious that he was attempting to surrender and this is exactly the type of conduct that has sparked nationwide unrest regarding members of law enforcement mr dukes's feeble attempts to explain his actions and manipulate the facts of the encounter only add to his incredulous and insidious behavior and his conduct was nothing short of unacceptable i commend the orangeburg department of public safety for immediately firing mr dukes and pursuing criminal charges against him and if there were a lower grade than an f he certainly deserves that sergeant polidor gets an a-plus for remaining truthful and objective throughout the encounter ensuring that mr julian was given the necessary information to follow up on the incident and for maintaining a calm collected and professional attitude throughout the interaction although it cannot be proven with any degree of certainty i suspect that sergeant polidor was highly involved in the orangeburg department's decision to fire and charge mr dukes and the testimony that she offered in her incident report likely played a vital role in making certain that he was held accountable for his actions officers who witness acts of misconduct are often placed in a position where they must consider whether reporting that misconduct is worth the potential damage to their career that could arise from pursuing accountability for the actions of their colleagues and it is all too common to see members of law enforcement justify the actions of their peers in any way they can to avoid facing the repercussions of speaking out against them this notion was on full display in this very interaction when sergeant meyer fist bumped mr dukes for an appropriate use of force without knowing any of the details beyond what mr dukes had told him i commend sergeant polidor for having the courage and conviction to hold mr dukes accountable for his actions and i sincerely hope that her actions inspire other officers who witness misconduct to come forward and do the same within their departments as for mr gailyard and mr julian i cannot rightfully issue a grade to individuals whose actions were purely dictated by the conduct of the officers on the scene nothing the pair did was uncivil and the two obeyed all the commands of the officers to the best of their ability without knowing the context of the encounter it could certainly be argued that both mr gailyard and mr julian were both victims of police misconduct one by way of physical violence and the other by an attempt to avoid accountability it should be noted that mr julian made a legitimate effort to gather then officer dukes's personnel information presumably in an effort to file a complaint against him and i commend him for sensing that mr duke's actions were unlawful and doing what he could to hold him accountable let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] you

Channel: Audit the Audit

Views: 9,237,341

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: yOegqWf4pM4

Length: 16min 34sec (994 seconds)

Published: Thu Oct 21 2021

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[u/TrinityF]

10:35 that stare.

[u/NearHi]

The look on every other officer's face looks like they are fed up with the offending officer.

[u/Kingkeegan19]

The look on the Officer’s face when Dukes said they don’t have cards.

[u/AlethasWorld]

I’m so glad to hear this, I remember seeing the video and this cop was a true shit bag! It’s f’kd up cops like him that give good cops a bad name!

[u/Gilgamesh024]

First time for everything

[u/kingofparts1]

And that "good cop" will be lucky to make it off the force alive.

[u/DarthTomServo]

Sorry if this is a repost. After 15 years of seeing police being shitty, this is blew me away. Decided to try sharing anyway, because this is refreshing. Expected, and refreshing.