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Crime & Courts

Charleston Sheriff Tolerated ‘Unacceptable’ Behavior From Deputy Who Assaulted Suspect

“A history of endangering the public through reckless actions …”

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FITSNews has long editorialized against South Carolina’s “revolving door” criminal justice system. This system allows violent criminals to repeatedly endanger the public by failing to adequately punish their dangerous behavior. Unfortunately, this systemic enabling of abhorrent behavior is also often perpetrated by those tasked with enforcing our laws.

The October 21, 2023 incident resulting in the termination and arrest of former Charleston County Sheriff’s Office (CCSO) deputy James “Hank” Carter III is a disturbing example of what happens when law enforcement agencies retain personnel they know to have a history of endangering the public through reckless actions.

Newly released body-worn camera video depicts a suspect Rashard Duncan leading Carter on a lengthy, dangerously fast pursuit. The chase concludes when Duncan is forced to abandon his vehicle inside of a Ravanel, S.C. mobile home park – leading Carter to pursue him on foot.

(Click to View)

(FITNews/ YouTube)

According to S.C. State Law Enforcement Division (SLED) probable cause affidavits Duncan was “in a kneeling position … with both hands down by his sides” when Carter struck him in the facial area “knocking him unconscious momentarily.”

“(Carter) then placed his hands around the neck area of (the suspect) and moved his body to the ground” the affidavit continued. “After handcuffing (the suspect) while walking to the patrol vehicle (Carter) said to (him), ‘enjoy that little nap?’ acknowledging that (he) lost consciousness while he was being struck.”

Newly released body-worn camera footage also reveals Carter instructing Duncan “don’t reach into your waist-band n*gga” as he rained down seven additional blows to Duncan’s head, despite Duncan already being incapacitated – and clearly not holding a weapon.

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Body Camera footage of the altercation

Following Duncan’s arrest, video of the incident is alleged to have taken nearly three weeks to reach agency leadership. That has prompted a separate internal investigation involving CCSO sergeant Tim Carroll.

Once they saw the video, they referred to the case to SLED – whose agents later arrested Carter for misconduct in office and misdemeanor third-degree assault and battery.

Charleston sheriff Kristin Graziano said it was “an easy decision to terminate his employment at (CCSO) effective immediately” in a press statement following Carter’s arrest.

Considering Carter was caught on video pummeling an unarmed/ unconscious man – while referring to him as a racial slur – that isn’t surprising.

What is disturbing? That it wasn’t an “easy decision” to terminate Carter years earlier.

CCSO initially hired Carter following his resignation from the Charleston Police Department (CPD) after a video depicted him engaging in a verbal altercation with multiple Charleston teenagers.

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But Carter didn’t lay low once deputized by CCSO. According to personnel records obtained by Blair Sabol of WCSC TV-5 (CBS – Charleston, S.C.), Carter was drinking at a party with other sheriff’s office personnel when he drew his handgun and pointed it at another off-duty deputy in 2018.

After this incident was reported, Carter played it off as a joke. Captain S. Balcerzak called the move “concerning, especially with respect to your use of sound judgment.” 

Carter went unpaid for a week and was removed from the SWAT team.

Carter again exercised unsound judgement when he left his police dog unattended in a civilian’s backyard as he chased a suspect over a six foot fence. Police dogs are extremely dangerous if not properly handled. In a formal reprimand, lieutenant Joseph Christmas deemed his actions “extremely egregious … there are numerous serious scenarios that could have played out, putting citizens, deputies and your K9 at unnecessary risk.”

Carter was suspended for a day.

Carter was also repeatedly reprimanded for failing to activate his body-worn camera – a disturbing thought given what he was willing to do in front of a camera he knew was recording.

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 James “Hank” Carter III (Via: CCSO)

In a formal warning, Balcerzak complemented Carter’s policing saying “your endless effort to pursue and apprehend the criminal element is very admirable. Sadly, there continues to be a serious disconnect with the proper activation of your body worn camera … this failure is completely unacceptable.”

Carter’s failures were “unacceptable” – yet CCSO continued accepting them. At least they did until damning body camera footage emerged in the aftermath of the apprehension of Duncan.

Any individual who would jokingly point a handgun at another person isn’t enough of an adult to be around firearms in the first place – let alone be trusted trusted to appropriately use force in situations that are difficult for even the most level-headed individuals to handle.

Duncan’s attorney – state representative Marvin Pendarvis – said he is “interested in knowing what kind of environment” would have led Carter to believe such conduct “was appropriate in the first place.”

Sheriff Graziano held a press conference prior to the release of the body cam footage, telling the public her office had “zero tolerance” for the type of behavior Carter exhibited.

Graziano’s press conference didn’t address sergeant Carroll’s failure to report the incident in a timely fashion – or the fact he was demoted to master deputy for his handling of the case. Notably, Graziano didn’t ask SLED to investigate why it took so long for him to formally report the incident.

When asked for comment, CCSO told FITSNews “there was never an external complaint received by our agency in regard to the October 21 incident.”

“The reports were made in a timely manner, and the investigation was completed by policy,” the statement continued. “Appropriate discipline was issued. The public became aware because our internal review mechanisms work.”

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Reverend Lawrence Bratteon (Via: COSO)

Reverend Lawrence Bratteon of the Bible Way Baptist Church spoke at the sheriff’s press conference, correctly noting that “this young individual (Duncan) was a danger to society.” Carter’s attorneys told the media Duncan was out on bond for a felon in possession on a firearm charge at the time of his botched arrest.

But Bratteon, who was himself severely beaten by a police officer in New Jersey, missed the bigger picture when he commended the sheriff’s office for “reaching out to leaders and bringing us in” and “moving quickly” to right a wrong.

I admire Bratteon for mitigating the possibility of riots related to the release of the video – a circumstance sources told FITSNews city leaders had prepared for – but CCSO firing Carter fails to explain why they tolerated his years of his unacceptable behavior in the first place.

Law enforcement officers have an extremely difficult job, one for which they are underpaid and one for which they haven’t gotten enough respect in recent years. But departments which hire deputies who were forced to resign after embarrassing altercations at their previous agency, which continue to employ deputies who repeatedly demonstrate deeply flawed judgement – and then tell the television cameras they’ve done the right thing by firing deputies after the world is alerted to their misconduct – are the reason law enforcement get a bad reputation in some circles.

Just as violent criminals must not be allowed to skate from slap-on-the-wrist to slap-on-the-wrist, unethical law enforcement officers must not be allowed to skate from suspension to suspension.

Count on FITSNews to ensure they don’t – just as we ensure South Carolina elected officials don’t skate from disingenuous press conference to disingenuous press conference, either.

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ABOUT THE AUTHOR …

(Via: Travis Bell)

Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.

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1 comment

UpstateParent Top fan December 16, 2023 at 6:02 pm

So we have a story about a deputy who may be guilty of a crime, who jumped from one department to another (though the report doesn’t say why). Then we have this article about a deputy who was fired from a police department and who repeatedly broke the rules.
If I were an LEO, I would want my department to fire all the Carters and not hire any new Carters. The job is hard enough, and the reputation of police officers is bad enough, that every cop or deputy who breaks the rules makes it harder for everyone else. Whether it is racial slurs, shooting at people, beating people, or even just something like committing perjury or destroying evidence, LEOs who break the rules should be punished to the max. Otherwise, such behavior looks acceptable.

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