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Lawyer requesting all body camera footage be released in Orangeburg assault case

Published: Aug. 3, 2021 at 1:56 PM EDT|Updated: Aug. 3, 2021 at 6:28 PM EDT
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ORANGEBURG, S.C. (WCSC) - Lawyers for a man who claims an Orangeburg police officer stomped on his head held a news conference to talk about the attack and asked for all body camera footage of the incident be released.

This comes after new video was released of the confrontation between 58-year-old Clarence Gailyard and former Orangeburg police Officer David Dukes who is charged with first-degree assault and battery.

Attorneys say Gailyard was stomped on the head by Dukes as he was attempting to comply with Dukes’ commands on July 26. According to the Associated Press, Gailyard’s attorneys say his client has pins and rods in his legs.

Attorney Justin Bamberg says the incident is an Orangeburg Public Safety problem. He is requesting all body camera footage from the day be released to the public.

“There’s no reason not to release the video so that this community has the opportunity to see everything with their own eyes and decide if what’s going on not just on that day but inside that agency is ok for their community,” Bamberg said. “So we’re demanding the immediate release of that footage.”

Bamberg says he has been told the video from Dukes’ body camera does not show the actual stomp because of the position of the camera on his body.

Gailyard publicly spoke for the first time during a press conference on Tuesday and said he still has a knot on his head from the incident and is still in pain.

“I want a change. That’s what I want,” Gailyard said. “I don’t want them to do that to somebody else like they did to me. You know, it could’ve been worse. But I’m glad it didn’t.”

Gailyard and his attorney claim he was defenseless and described what Dukes did as “bad policing.”

Attorney Justin Bamberg showed video during the press conference from another officer at the scene and commended her for “good policing.” The video shows the officer letting another man, who is Gailyard’s cousin, stand up.

An arrest warrant provided by the South Carolina Law Enforcement Division states Dukes had responded to a call on Colleton Street in Orangeburg and made contact with the victim and ordered him to the ground at gunpoint.

Investigators said Dukes then approached the victim, who was in a defenseless position on his hand and knees, and raised his right leg and “forcibly stomped with his boot on the the victim’s neck and/or head area.” According to SLED, the force of the blow caused the victim’s head to strike the concrete.

The AP reported that Dukes became angry he moved too slow getting to the ground.

The affidavit states the victim suffered a contusion to his forehead and was transported to the hospital.

The press conference comes after new video was released of the confrontation between the...
The press conference comes after new video was released of the confrontation between the 58-year-old man and former Orangeburg police Officer David Dukes (pictured) who is charged with first-degree assault and battery.(Orangeburg County)

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