HENDERSON, N.C. (WNCN) – The family of the boy seen being slammed to the floor by a Vance County deputy wants upgraded charges against the officer.
The boy’s grandfather, Pastor John Miles, held a press conference Tuesday where he said doctors diagnosed the boy with a concussion after charges were filed against the deputy.
“So, we’re really not asking. We’re demanding,” he said.
On Dec. 17, District Attorney Mike Waters said Warren Durham would face misdemeanor charges stemming from the incident which took place five days earlier.
“My only thing to Warren Durham is that you’re a coward. And, we hold Vance County Sheriff’s Department accountable. They hired him. We also hold Vance County school system accountable,” said Miles.
Waters said the deputy could not be charged with a felony as the boy did not suffer serious bodily injury as defined by North Carolina law.
The boy did not suffer any broken bones, fractures, broken teeth or a concussion, Waters said in December.
Miles said the concussion diagnosis allows for felony charges to be filed against Durham. An MRI performed after Dec. 17 revealed the concussion, Miles said.
The incident that took place Dec. 12 at Vance County Middle School was captured on video.
“We have been patient since December 12,” Miles said.
The maximum penalty for Durham would be 90 days in jail.
After the video was released, Durham was fired from the sheriff’s office.
District Attorney Waters confirmed he met with Miles and his family on Monday.
“We have an obligation to seek the truth. We’ll continue to evaluate the case,” he told CBS 17.
The same day as the incident involving the 11-year-old boy, another student says she was slammed against the lockers by an assistant principal.
Miktazza Wynn suffered a dislocated shoulder and whiplash. On Tuesday, Pastor Miles said the incident also affected her hearing.
He said both children will not return to Vance County Middle School and will instead be homeschooled or go to schools outside the district.
The sheriff’s office is investigating the case involving Wynn. Assistant Principal Kevin Ross has been placed on paid administrative leave pending the outcome of the investigation.
Sheriff Curtis Brame and District Attorney Waters said they met about this case on Monday.
“Yesterday we received statements from witnesses, records and a video recording of the incident,” Waters said. “I might make a decision toward the end of this week.”
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