Vance SRO in body-slamming video won't face felony charges

The SRO, whom Waters identified as Warren Durham, was fired Monday. He will be charged with assault on a child under 12, misdemeanor child abuse and willful failure to discharge his duties, Waters said.

Meanwhile, authorities are now investigating allegations that Durham hurt a second Vance County Middle School student on the same day.

All three charges are misdemeanors that carry a total maximum penalty of 120 days in jail, Waters said. He said he was precluded from pursuing any felony charges against Durham because the boy didn't suffer any serious injuries.

Durham surrendered to authorities in Warren County, where he lives, on Tuesday and was released on a $10,000 bond. He won't appear in court until Feb. 2.

The video – recorded on Thursday and made public on Friday – shows a student wearing a red top and a school resource officer in uniform walking toward the camera side by side. The officer stops, reaches out, lifts the student against the wall, flips the child head-down and slams the child to the floor. The officer then bends over, drags the student to a standing position and lets him drop a second time. As the video ends, the officer appears to be dragging the student by the shirt toward the camera.

"I don't think there is any justification for it," Waters said of the altercation, adding that whatever led to what was seen on the video is irrelevant. "I don't think that there's any kind of training or anything like that that would lead someone to act in that way with an 11-year-old."

The student was taken to a local emergency room on Thursday as a precaution and was seen by his family doctor on Monday, he said.

"By the grace of God, he does not have any serious injuries," Waters said.

But because there were no broken bones or a concussion, Durham cannot be charged under state law with assault inflicting serious injury, Waters said.

"This issue turns on the fact that this child was not more seriously injured," he said. "Had the child been more seriously injured, felony charges would be appropriate."

Waters also said authorities will work to ensure Durham won't serve as a law enforcement officer again.

The boy's grandfather, Greensboro minister John Miles, said the family is disappointed Durham wasn't charged with a felony.

"I stand broken. I’m hurt. I’m concerned," Miles said. "I cannot change the law on the books, but I’m going to make it my business to be in Raleigh next week to find out how in the world could a law be on the books like this the way my grandson was treated."

The boy has a bruise on his skull and a shoulder injury, Miles said, but the emotional scars are deeper.

"My grandson is having nightmares," he said. "My grandson said to me last night, 'Granddaddy, what did I do to deserve this?' I said to my grandson, 'You didn't do anything.'"

Miles also criticized Vance County Schools officials, noting his family wasn't notified by any school officials about the assault until Friday. He said the family is pulling the boy out of Vance County Middle.

A second Vance County Middle student has alleged that Durham also manhandled her on Thursday.

"The officer had pulled me from the back and slammed me to the locker," 12-year-old Miktazza Wynn said Tuesday, with one of her arms in a sling. "The officer had pulled me by my hair. He had pulled me up, and he had pushed me."

Rosalyn Wynn said her daughter called her as soon as the alleged assault began, so she could hear her daughter crying and screaming during the incident. She said she reported it to the Vance County Sheriff's Office when school officials didn't answer her questions about what happened.

"They watched this happen, and they didn't do nothing. They suspended her," Wynn said. "My daughter is traumatized; she's scared. When we pulled up out here, she literally started crying. She doesn't want to see any police officers. She's scared."

Waters said authorities are aware of the Wynn family's allegation and are investigating to determine whether more charges should be filed.

"We are looking into the matter that was reported to us by the child's parent at the close of business on Friday," school district administrators said in a statement Tuesday. "As this is a confidential student matter, we will work with the family to address this issue raised and all school matters accordingly."