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City of Orangeburg reaches settlement in assault case involving officer

$650,000 payment to be made to 58-year-old victim of the assault by a public safety officer.

ORANGEBURG, S.C. — The city of Orangeburg has reached a settlement in a case involving an assault on a 58-year-old man by an Orangeburg Department of Public Safety Officer.

A payment of $650,000 will be paid to Clarence Gailyard, of Orangeburg, who was physically assaulted by former ODPS Officer David Lance Dukes on July 26, 2021.

The incident was investigated by the South Carolina Law Enforcement Division (SLED) and the officer was arrested and charged with first-degree assault and battery.

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Orangeburg City Administrator Sidney Evering said in a statement, “Our hope and expectations are that every interaction between the public and officers with the Orangeburg Department of Public Safety will be professional and courteous. We understand that these officers have a difficult job and put their lives on the line every day, and for this we are extremely grateful. The vast majority of our officers do their jobs with honor and ensure that the citizens they are entrusted to protect and serve are treated fairly and with respect.” 

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Evering went on to say that when an officer falls short, that officer must be held accountable. 

The city is establishing a Citizen's Task Force to "provide oversight and guidance with regard to interactions between our residents and officers with the Orangeburg Department of Public Safety," said Evering.

Associated Press reported Gailyard was stomped in the head by Dukes, who was upset that the man couldn't quickly lie flat on his stomach because of rods and pins in his leg. 

Gailyard was walking with a stick wrapped in shiny tape in July when someone mistook the reflective object for a gun and called 911. 

Investigators say officer David Lance Dukes ordered Gailyard to the ground and stomped on his head and neck when he didn't immediately drop.

 Dukes was fired and charged with first-degree assault and battery. 

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