Ex-deputy seen body-slamming Vance County middle-schooler won’t face felony charges

A fired Vance County sheriff’s deputy filmed lifting and ramming a middle-school student to the floor faces up to 90 days in jail if convicted in the incident, District Attorney Mike Waters said Tuesday.

Warren Durham, who was a school resource officer, was charged with three misdemeanors: assault on a child under 12, misdemeanor child abuse and failure to discharge duties. He was arrested Tuesday with bail set at $10,000.

The charges stem from a Dec. 12 complaint from the Vance County school district “regarding the assault on an 11-year-old boy by a law enforcement officer.” A security camera at Vance County Middle School in Henderson — about 40 miles north of Raleigh — caught the incident on video, prompting the sheriff’s investigation.

Durham was fired immediately, Sheriff Curtis Brame said Monday.

Durham has no prior convictions, and the student did not suffer severe injuries as defined by North Carolina law, Waters said at a news conference. Had his wounds been more severe, prosecutors could have pursued felony charges. Waters said at the news conference that Durham could face up to 120 days if convicted, then in a phone interview later said he had done more research and it was 90 days.

State law defines felony injuries as wounds that create a risk of death, disfigurement, coma or extreme pain. The child had bruises.

“They were severe,” Waters said, “but that’s what they were. This assault was violent. This child received appropriate medical care. His parents made sure. There’s absolutely no issues regarding that.”

Family disappointed

The child’s grandfather, John Miles, confirmed the family’s concern over lighter charges. The child will be home-schooled rather than return to Vance Middle.

“I am totally disappointed in the law itself,” said Miles, a pastor with Risen Faith Outreach Ministries. “I still stand today and forgive this man for hurting my grandson. I am not happy with the misdemeanor charges.”

Miles said that his grandson said, “Granddaddy, what did I do to deserve this?”

The grandfather said he has met a mother whose child was allegedly attacked by the same officer.

“The child has a sling around her arm right now,” Miles said. “One bad apple does not spoil the whole Sheriff’s Department. Sheriff Brame did a great job on this.”

Waters said the Sheriff’s Office has opened a preliminary investigation into a second allegation.

He said he understands the family’s frustration, but noted the boy did not suffer any broken bones, broken teeth, fractures or a concussion.

“I took an oath to seek the truth in this matter,” Waters told reporters at the news conference. “Had the child received more severe injuries we would be having a different discussion.

Waters also said he did not know what led to the incident between the deputy and student, but that it didn’t matter as far as charging the officer.

“I don’t think there is any kind of training, or anything like that, that would lead someone to act like that with an 11-year-old,” he said.

Vance County Schools emailed a statement to The News & Observer: “We are deeply concerned by the actions that took place. School and district officials are working closely and in full cooperation with the local authorities to address this matter consistent with school board policy and state laws. The safety of our students has been and continues to be of the utmost importance to our district.”

This story was originally published December 17, 2019 at 11:26 AM.