News12 First at Five/ Wednesday, Dec. 18, 2013
AUGUSTA, Ga. (WRDW) -- The city of Augusta is settling a case against 15-year-old Kyvan James.
His family sued the city after Sheriff Richard Roundtree fired Deputy Brian McDuffie for hitting the teen with a flashlight. James says this should be a lesson to anyone who feels they have been victimized by those in power.
"It wasn't just for my son. It's for all kids. No matter if it's law enforcement or not, stand up for yourself. If you know your are right you have to stand up for yourself," said mother Kenya James.
James and her 15-year-old son Kyvan just received a $55,000 settlement from the city of Augusta.
News 12 previously reported, Richmond County Deputy Brian McDuffie admitted to hitting Kyvan in the face with a flashlight during an arrest.
Mrs. James says her son was falsely identified in a burglary call, and complied with deputies after initially running away.
"If he wasn't complying or resisting then you got what you deserve. He wasn't a threat and they still beat him. I had a major problem with that," said James.
Kyvan was charged with obstruction for resisting arrest while Deputy McDuffie was fired for using excessive force. His mom says the juvenile courts dismissed the case.
"He has no criminal charges and no criminal record," said James.
Mrs. James goes on to say this case is about so much more than a settlement. "I won't gain not one cent for this financially. When Kyvan turns the age, I want him to be he can have it. If he decides to go to school in state, he will comfortably," she said.
Former Richmond County Deputy Brian McDuffie says he is fighting the city for his unemployment. He also plans to file a lawsuit against the Sheriff and two commissioners.
"Everything involving my case with the way the county handled it was foul. The merit board hearing violated the county charter," said Mcduffie.
As the James' finish their battle, fighting for what they believed to be right, a former deputy's legal battle is just beginning.