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The U.S. Attorney’s Office is examining the attack of a 16-year-old boy to determine if a civil rights violation has occurred.
Isiah Clyburn, 16, a Gaffney High senior, is still being treated for injuries he suffered July 6 when he was attacked on Ellis Ferry Road in Grassy Pond.
Clyburn was walking near his home when five teens traveling in three pickup trucks allegedly assaulted him. A witness was able to get Clyburn into a vehicle and call 9-1-1.
The sheriff’s office has charged the five with 2nd-degree lynching. They are 16-year-old Luke Grice, 18-year-old Justin Ashley Phillips, 17-yearold Kenneth Eugene Miller Jr., 17-year-old Christopher Scott Cates, all of Inman; and 17-yearold Jerry Christopher Toney of Spartanburg.
In South Carolina, lynching is defined as an act of violence by two or more people against another, regardless of race.
A conviction for 2nd-degree lynching carries a sentence of not less than three years and a maximum of 20 years. None of the boys have prior records. Cates has a pending charge in Spartanburg County for malicious injury to property.
U.S. Assistant Attorney Brent Alan Gray said Thursday his office always allows local authorities to investigate and issue charges first. He said his office is following up with an investigation to determine if federal charges would be more applicable.
They also consider which charge could carry more severe sentences.
Gray said a civil rights violation occurs when an individual is threatened or assaulted because of race, ethnicity or religion in a protected area, like a restaurant, playground or hotel. Sometimes roadways can be considered protected areas, he said.
In cases of physical injury as a result of a civil rights violation, the person(s) responsible can face 10 years in prison. If the violation results in a death, a life sentence or death penalty can be given, Gray said. And if the case only involves harassment, it is punishable by up to a year.







