From Live5news.com, November 27, 2023, by Melissa Rademaker and Patrick Phillips (Read full article here)
CHARLESTON, S.C. (WCSC) – The South Carolina Law Enforcement Division has charged a former Charleston County deputy in connection with an October pursuit.
James Henry Carter III, 39, is charged with misconduct and third-degree assault and battery, according to SLED spokesperson Renée Wunderlich.
A judge set Carter’s bond at $21,087.50.
The charges stem from an incident on Oct. 21, in which Carter participated in a vehicle and foot chase, affidavits state. Documents allege Carter struck the victim, Rashard Duncan, multiple times in the facial area while taking him into custody.
Carter was pursuing the victim for failure to stop for blue lights, court documents state.
During the chase, Duncan tripped and fell to the ground. As Carter approached him, he was in a kneeling position facing Carter with both hands down by his side, the documents state.
Investigators say Carter struck the victim knocking him unconscious momentarily, then placed his hands around the victim’s neck and moved the victim’s body to the ground.
After handcuffing the victim, while walking to the patrol vehicle, Carter is accused of asking, “Enjoy that little nap?” in an apparent acknowledgement that the victim lost consciousness while being struck, the documents state.
The victim told a SLED agent during an interview conducted last Tuesday that he lost consciousness as he was being struck by Carter, the documents state.
Lawyers for the victims say they are happy with the bond number. Simple assault is set at $1,000 and the judge chose $20,000 for the misconduct in office charge.
“We are pleased that he was given a surety bond which basically requires him to pay some money in order to secure his release,” Marvin Pendarvis, the lawyer representing Duncan, said. “So he doesn’t get a PR bond where he can just get out for free, but he’s going to have to put some skin in the game, so we are pleased with that outcome.”
Carter’s lawyer, Joseph Cannarella, spent a lot of time detailing his career in law enforcement and asked for a reasonable bond. He said $21,000 is payable, and he will be able to go home.
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