The audio clip is a podcast episode titled "Audit the Audits" which discusses a case involving Officer David Lance Dukes of the Orangeburg Department of Public Safety. The incident revolves around Dukes' forceful interaction with Clarence Yard and his cousin Mario Julian. The officers responded to a call regarding a man allegedly banging on a townhouse door with a gun in his waistband. Upon arrival, Dukes immediately drew his gun and ordered Yard and Julian to the ground, even though there was no immediate threat from them.
The episode discusses the Fourth Amendment's requirement for police use of force to be reasonable under the circumstances. It identifies three factors courts should consider when determining the reasonableness of force: the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest.
The episode also discusses the case of Graham vs Conor, where the Supreme Court explained that non-compliance with lawful orders can justify some use of force, but the level of justified force varies based on the risks posed by the resistance. In the case of Armstrong vs Village of Pinehurst, the Fourth Circuit held that purely passive resistance can support the use of some force.
In this case, the severity of the crime at issue was limited, and although Dukes claimed to believe that Yard had a gun at the beginning of the interaction, it was clear that Yard 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. Dukes was not resisting arrest in any way; he was attempting to comply with Dukes's commands when the force was employed.
The episode concludes by stating that it is highly likely that a court would conclude that Dukes's use of force against Yard was neither justified nor reasonable. Dukes was fired from the Orangeburg Department of Public Safety for violating the department's use of force policies. He was charged with first-degree assault and battery, which could carry a sentence of up to 10 years in prison.
The episode also commends Sergeant Polidor for remaining truthful and objective throughout the encounter, ensuring that Mr. Julian was given the necessary information to follow up on the incident. It warns against officers who witness acts of misconduct and justify the actions of their peers to avoid facing the repercussions of speaking out against them. The episode ends by encouraging other officers who witness misconduct to come forward and hold their colleagues accountable.
1. The episode covers the use of force by an officer, obstruction, and official misconduct.
2. The incident occurred on July 26, 2021.
3. The officer involved is David Lance Dukes from the Orangeburg Department of Public Safety.
4. The incident involved a man allegedly with a gun in his waistband.
5. When the officer arrived on the scene, he immediately drew his gun.
6. The officer ordered a disabled man and his cousin to the ground.
7. The officer forcefully used his foot to force the man to the ground, causing his head to violently hit the pavement.
8. The Supreme Court explained that the fourth amendment requires a police officer's use of force to be reasonable under the circumstances.
9. The court identified three factors that courts should consider when determining whether an instance of force was reasonable.
10. These factors include 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.
11. In the 2016 case of Armstrong vs Village of Pinehurst, the fourth circuit held that non-compliance with lawful orders justifies some use of force.
12. The level of justified force varies based on the risks posed by the resistance.
13. The severity of the crime at issue in this situation was limited at best.
14. Although the officer claimed to believe that the man had a gun at the beginning of the interaction, it was clear that he did not pose an immediate threat as he did not have a gun.
15. The officer's use of force against the man was neither justified nor reasonable.
16. The officer claimed that when the man was walking from behind the white vehicle, he believed that he had a gun and repeatedly told him to drop it.
17. The officer also alleges that once the man stepped in front of the vehicle, he had his hands in his pockets and repeatedly ignored requests to show his hands.
18. The body cam footage shows that the man actually had his hands above his head and that while the officer repeatedly screamed at him to get on the ground, he never asked him to drop a gun or show his hands.
19. The incident report filed by Corporal Brandy Smith states that while the man was walking from the passenger side of the vehicle, he appeared to have his hands in his pockets.
20. However, once he reached the front of the vehicle, he took his hands out of his pockets.
21. The report also states that the officer was giving loud verbal commands for the man to get on the ground but makes no mention of a gun or any commands to drop a gun or show his hands.
22. When the officer was reporting what happened, he did not explain the method he used to take the man down.
23. The incident report filed by Sergeant Acquail Polidor states that the officer jumped up and stomped the man on the back of his neck with his foot.
24. The officer was fired from the Orangeburg Department of Public Safety for violating the department's use of force policies.
25. Former Officer Dukes was charged with first-degree assault and battery, which could carry a sentence of up to 10 years in prison.
26. The man is represented by an attorney but has not yet taken any legal action against the officer or the department.
27. The Orangeburg Department of Public Safety immediately fired the officer and pursued criminal charges against him.
28. Sergeant Polidor was commended for remaining truthful and objective throughout the encounter, ensuring that the man was given the necessary information to follow up on the incident.
29. The officer's feeble attempts to explain his actions and manipulate the facts of the encounter only added to his incredulous and insidious behavior.
30. The officer's conduct was nothing short of unacceptable.
31. The Orangeburg Department of Public Safety was commended for immediately firing the officer and pursuing criminal charges against him.
32. Sergeant Polidor was commended for having the courage and conviction to hold the officer accountable for his actions.
33. The man and his cousin were both victims of police misconduct, one by way of physical violence and the other by an attempt to avoid accountability.
34. The man made a legitimate effort to gather the officer's personnel information, presumably in an effort to file a complaint against him