UPDATE: Fired deputy will not get his job back

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UPDATE: October 14, 2013


AUGUSTA,Ga(WRDW)--UPDATE: Fired Richmond County Sheriff's Deputy Brian McDuffie will not get his job back. The Sheriff's Merit Board upheld the Sheriff's Office decision to fire McDuffie.

Lawyers presented both sides to The Sheriff's Merit Board in a meeting Oct. 8 that lasted for hours.

Sheriff Richard Roundtree fired Mcduffie for what the department calls his use of excessive force after hitting 15-year-old Kyvan James with a flashlight.

This picture of 15-year-old Kyvan James is part of the reason why these people are sitting at this table. "I ran over to the juvenile and as he was turned over on his stomach, I ran over and did a straight arm strike to the back of the individuals head," said Brian Mcduffie.

Fired RCSO Deputy Brian Mcduffie demonstrated his use of force on 15-year-old Kyvan James to the Sheriff's Merit Board. Sheriff Richard Roundtree said hitting someone in the head with an impact object can be considered deadly force.

News12 asked Mcduffie did he use excessive force. "No, I do not I acted that way in defense to another officer," he said.

The Sheriff found differently and fired the deputy. Lawyers for both Sheriff Roundtree and Mcduffie presented their case to the sheriff's merit board. "We presented our case and we feel like we made the right decision. We feel that our decision will be upheld, " said Sheriff Roundtree.

"I'll just have to wait and see for the time being," said Mcduffie.

The board will decide whether to uphold the sheriff's decision or recommend Mcduffie be reinstated. Both sides entered evidence including the policy and procedure manual and pictures of James following the incident.
The board needs to determine if the force used on the teen reasonable.

Mcduffie's troubled work history was also brought up. He says the issues on this letter from the Waynesboro Police Department are not entirely true and the suspect that stole his car was not all his fault.

"I feel like I'm in the right line of work. I think most officers act in the right manner. Since you brought up the stolen patrol vehicle,it just goes to show that even when a suspect is in handcuffs they are possibilities," said Mcduffie.

The Sheriff's Merit Board has seven members and each one has a vote. Majority vote speaks for the board.

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