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MATTHEW ROBERT RAMOS

Matthew Robert Ramos is seen here with round injuries to his chest where he was hit with pepper balls. He has a bruise by his left eye near where he was punched.

TAPE DEPICTS BEATING

The Bakersfield Californian
Wednesday December 04, 2002
by STEVE E. SWENSON

A videotape made by Kern County sheriff's deputies shows a detention officer slugging and kneeing a handcuffed and shackled mentally ill inmate, The Californian has learned.

The tape, filmed in June, reveals that as detention officer William Walter Purdie lands a blow to the side of the head of Matthew Robert Ramos, 25, a supervising deputy instructs Purdie to retreat if the shackled prisoner struggled.

“Purdie, if he starts getting stupid, back up,” the supervisor is heard to say.

It is that videotape along with one other that will be used to support civil claims filed on behalf of Ramos Wednesday by attorney Daniel Rodriguez against the Kern County Sheriff’s Department and Purdie.

Also named in the court papers are other sheriff’s employees, Kern Medical Center and Kern County Mental Health.

In the second tape, a frequently naked and bizarre-acting Ramos is seen in a cell over the next few days.

The claims, the first step in the filing of a lawsuit against a governmental agency, allege excessive force, improper treatment, misdiagnosis and negligence against the various agencies.

Deputy County Counsel Mark Nations said Wednesday he had no comment because he had not seen the claims.

It wasn’t until Ramos ended up in the psychiatric ward of Kern Medical Center on June 27, 18 days after his arrest, that he was properly diagnosed as bipolar and given medication which calmed him down and led to his release, Rodriguez said.

Bipolar disorder, also known as manic depressive disorder, is characterized by alternating swings between depression and excitability or delusions, according to the Merck medical dictionary.

A psychiatric technician at the jail had evaluated Ramos on June 10, the day after his arrest, but had misdiagnosed him, Rodriguez said.

Rodriguez said he plans to file a lawsuit in U.S. District Court in Fresno seeking an unspecified amount of money for alleged civil rights violations. He said he chose a federal court over Kern County Superior Court because local juries favor law enforcement “no matter what’s on the videotape.”

Describing the substance of his claims, Rodriguez said, “This case demonstrates the way not to handle a person with mental problems. It’s something that should have never happened.

“If he was diagnosed and treated properly, he would not have deteriorated to the level he did. Now he suffers from post traumatic stress syndrome with flashbacks, depression and hallucinations.”

He added, “The most alarming thing is that none of the sheriff’s deputies or detention officers came forward and reported the misconduct until they were confronted with it (by internal affairs officers).”

After the incident came to light, Sheriff Carl Sparks announced at a July 12 news conference that Purdie had been charged with misdemeanor battery and assault under color of authority and that the supervisor who filmed the videotape and didn’t halt any of Purdie’s actions was suspended.

Sparks didn’t identify the supervisor, but investigation reports show it was Senior Deputy Bill Hakker.

The sheriff and the district attorney’s staff have refused to release the videotapes in the case. However, if either is introduced at trial, it would be made public.

Purdie has been offered a plea bargain involving no jail time, but he has turned it down. Chief Deputy District Attorney Dan Sparks explained it would be difficult to place Purdie in custody with the inmates he used to oversee, and prosecutors thought both community service and the resulting lawsuits that are expected would bring justice to the case.

Purdie was fired later in July, for which he filed an appeal July 30. A Civil Service Commission hearing on the appeal, which has twice been delayed, is now set for Jan. 13.

The misdemeanor trial, which has also been delayed several times, is scheduled for Monday in Kern County Superior Court. Defense attorney Robert F. Carbone declined comment Wednesday.

The videotapes, which Rodriguez showed The Californian Wednesday, indicated that deputies and detention officers thought Ramos was on drugs, possibly PCP, because of his bizarre behavior and the minimal effect of his being shot with pepper balls.

Ramos denied ever taking PCP. He was originally jailed on charges of driving under the influence of alcohol and vandalism, but those charges were ultimately dismissed. He was released from the psychiatric ward of Kern Medical Center on July 18.

He was first taken to the downtown jail, where he became combative and had to be subdued by several officers, according to reports. He then was transferred to the sheriff’s Lerdo Jail. It was there officers decided to videotape his arrival to use as a training guide on how to handle combative inmates.

The videotape began with eight officers forming a gauntlet for Ramos — cuffed on both his hands and ankles and chained around his waist — as he was led from a vehicle to the Lerdo infirmary.

An officer is heard to say, “Take him down if he starts getting stupid.” At one point, the officer says, “Purdie, back up a bit.”

Ramos was compliant getting to and sitting down in a chair in the infirmary hallway until Purdie, as requested by a supervisor, retrieved a pair of scissors to remove a wristband from Ramos.

As Purdie approached, Ramos became agitated, saying, “Come on, man.” An officer warns Purdie to back up if Ramos acts up. Another officer says, “Mr. Ramos, calm down.”

But Ramos jumps up and an officer orders Detention Officer Mike Brown to “shoot him” with pepper balls, a disabling, tear gas-like substance. Brown fires at least four, possibly five rounds at close range to the chest and arm of Ramos, but it has no visible effect.

Several officers then take Ramos to the ground, and Purdie drops his knee on the back of Ramos’ neck — a procedure that is not authorized, Rodriguez said. Ramos cries out, “I can’t breathe. Please help me Lord.”

Both Ramos and officers coughed for the next few minutes in reaction to the pepper balls.

Ramos struggled as an officer ordered him to be stood up and taken to a cell. In the tape, it appears that Ramos did not stand up, and officers turned him over on his back and dragged him to the cell.

On the way, Purdie is seen kicking Ramos on the top of his head.

Once in the cell, Ramos is seen on the floor surrounded by as many as seven officers. Purdie is shown again putting his knee on Ramos’ neck and hitting him. Another officer also hits Ramos.

At one point, an officer says, “Don’t put that much pressure on his chest, he needs to be able to breathe.” Officers spend a few minutes removing the metal restraints and placing “soft” leather restraints on him after cutting off his clothes.

Ramos cries out, “Help me, Jesus. Please Lord in Jesus’ name.” An officer replies, “If you stop your struggle, you’ll be all right.”

A nurse is then brought in to examine Ramos’ injuries. Despite bruises on his face and chest, Ramos told officers before the examination he was not hurt or suicidal.

On that day and others seen in the videotapes, Ramos curses, removes his clothes, acts lewdly, kicks his bare foot on the walls, doesn’t or delays complying with orders, yells into the toilet and struggles with deputies as they approach him.

The tapes show clear gashes around Ramos’ ankles and refer to injuries around his wrists. At one point, Ramos repeatedly yelled “Ow” as he is put in metal restraints to be taken to court.

Officers noted that Ramos was given medication, but he refused to take it.

Ramos was taken to Kern Medical Center on June 27 where he was put in metal restraints on sheriff’s orders. That was against advice of the hospital staff to use soft leather restraints, a decision that compounded his injuries, the attorney said.

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