Letters to Board of Corrections
Shasta County Jail Beatings



 

December 15, 2002 
 

Thom McConnell, Executive Director 
State Board of Corrections 
600 Bercut Drive 
Sacramento, CA 95814 

Re: Shasta County Jail Beatings 

Dear Mr. McConnell: 

I am writing concerning a recent beating in the Shasta County Jail by Guards.  Also there are several other beatings that I am aware of, also done by different  Guards, which have all been covered up and no real and honest investigation.  It seems that there is a double standard for guards than for inmates, as guards that are beating prisoners are guilty of breaking the law as stated in Penal Code §147 and Penal Code §149. 
 


Penal Code §147.  "Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding four thousand dollars ($4,000), and by removal from office.

Penal Code §149.  "Every public officer who, under  color of authority, with out lawfull necessity, assults or beats any person, is punishable by a fine not exceeding ten thousand dollars.($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment."

Of course the severity of some of the beatings by these guards would be more in line with a felony violation of Penal Code §242.  "A battery is any willful and unlawful use of force or violence upon the person of another." Or a violation of Penal Code §243 (d), where serious bodily injury is inflicted on the person, and that would include those who are incarcerated in the county jail. 

Have any of these officers been charged with the crimes they have committed?  Why not?  This is a crime whether it is committed by prisoner or guard, as guards are not above the law.  The failure of your office to investigate these offenses, and charge the guilty guards is creating a very corrupt system.  A real investigation does not just go to the head of the department and ask what happened, but actually talks in private to all parties including the prisoners and their Attorneys.  I say that this has to be done in private, as the prisoners will not speak out due to the extreme retaliation of the guards against anyone who seeks their Constitutional Rights, or talks to anyone in authority.  The following are the stories of several cases I know about, starting with Mr. Dietle. 

The first case is of Darrell Dietle which incident occurred on October 7, 2002 at 23:30, in the Main Jail at 3C11.  The report states that Dietle was yelling numerous profanities, but from reports from other prisoners, it is common language for guards also.  Even if true it would be no reason for the beating that was administered to Dietle.  He was placed in holding cell where he remained handcuffed for 45 minutes, and the report states that the handcuffs were taken off at 0110 hours.  [Note:  Mr. Dietle sent me his story some time ago, which I typed and put on my Website link below.  I have not heard from him since that time, for the details from his side of story of the beating.  I received the enclosed material in the mail from another source.] 

Then it states: 

"DURING ONE OF THE CELL CHECKS IN THE RM ROOM, C.O. THOMPSON LOOKED THROUGH THE WINDOW.  DIETLE CALLED THOMPSON A "PUSSY" AND AN "ASSHOLE" THEN BANGGED HIS HEAD ON THE WINDOW AT THOMPSON.  DIETLE WAS PLACING BACK AND FORTH AND KEPT ON YELLING PROFANITIES TOWARD STAFF UNTIL APPROX. 0440 HRS." 

Now take a look at the pictures enclosed, are the injuries from his banging his head on the window?  Or did he have a lot of help in banging his head on the window?  These pictures show that he took a real beating, in fact received great bodily injury which would be in the felony violation of Penal Code §149 or §242, §243(d).  These pictures were taken about 7 days after the actual beating. 

Another story Dusty Lane Rhoads, 40, of Tehama County.  On June 12, 2002, and I quote from the story on my Website:  "When they arrived at the jail at about 2:30 p.m. in the afternoon, Rhoads was placed in a holding cell where he was severely beaten, and then kicked after he was down by Shasta County Deputy Sheriff Terry Seals, and possibly other officers, who left him unconscious and bleeding on the floor."  Officer Seals I have heard reported, also threw Prisoner Arnold to the floor, putting his knee on his back severely injuring Mr. Arnold, who was taken to Redding Medical Center. 

I have written to you before about the Jerry Wayne Morgan beating, and I believe it was Officers Jackson and Davis, and three others who were involved in his beating.  Jerry wrote to me that you couldn't believe the face of medical staff when they saw me and how bad I was beaten.  Of course they refused to take Morgan to Redding Medical to have his serious injuries documented, but he was still hurting real bad after a month.  His beating was done in the usual manner, below the neck so nothing would show, as I have heard of other beatings after this manner. 

Of course the beating that got all the news all over the country was the beating of a Guard by Benjamin Williams.  His having been in the hole for over a year, and being treated like all the prisoners are treated when they are in the hole, may have caused this retaliation against the guard, who should never have been in this Pod alone in the first place.  Someone was not doing their job that night, to make sure prisoners were back in their cells.  Now I sent you an E-mail about the death of Williams, and I do not think it was a suicide.  It is probably what we call a "Suicide by Murder."  I do not think Williams had a razor, as in one of his last appearances in court [that I saw on TV], he had shaved his head and that would be done with a electric razor.  Have you done an autopsy on his body, to make sure there were not surgical knife wounds under the razor wounds placed on top???  Bottom line is that I don't believe any of their fabricated story, that everyone bought in to including the media, without any questions except how did he get the razor.  He didn't have one as he was being housed in the Ad Seg part of Medical.  See this does not make sense, and since Williams was not popular they will get away with murder, and this is not the first time I am told. 

Well if you were doing your job in real investigations, looking for the truth and not believing lies, then they would be afraid to even try to pull off these beatings and murders.  But they have been getting away with this for years, and Sheriff Pope and Captain VanBuskirk are being lied to big time, as they accept what they are being told and that is the end of it. 

I have enclosed a copy of an article by Inmate Tom Watson, he is quite a good writer and understands the issues regarding prisons.  This one is on Prison Violence, The Classification System, But No Incentives, which gets to the core of the problem with violence, and the solution to turn this around before there are serious riots.  This will take the Legislature returning the "Prisoner Bill of Rights," and incentives for good behavior.  He has written many other articles about prison problems and prison law, I recommend that they be read by all in the industry. 

All I can do is bring this to your attention, and you will ultimately have to answer to the Judge of the Universe for what you have allowed to continue under your watch. 

Sincerely yours, 
 

JDC 

Enclosures: Pictures and Shasta County Disciplinary Hearing Report 
  Article by  Tom Watson 

cc: Robert Presley, Agency Secretary 


Response to Stamm Letter

January 16, 2003 
 

Larry D. Stamm, Field Representative 
Facilities Standards & Operations Division 
Board of Corrections 
600 Burcut Drive 
Sacramento, CA 95814 

Re: Shasta County Jail 

Dear Mr. Stamm: 

I was told I was wasting my time writing to the Board of Corrections, as they never do anything.  So thank you for your letter proving the point, that you never do a real investigation of the issues raised.  All the Executive Director Thom McConnell did was give you my December 15, 2002 letter to him, as I did not address the letter to you as you never did a lawful investigation of the Jerry Wayne Morgan beating. 

So what do you do but go the perpatrators instead of doing a investigation by going to the victims of this abuse by guards in the Shasta County Jail.  So you contact Captain Don VanBuskirk, who would probably contact someone like Compomizzo, who either himself or those under him have been involved in the cover ups or lack of proper investigations of the cases mentioned in my letter.  Compomizzo was named in the Federal lawsuit that the County just settled for 360,000 for violation of the civil rights of Thomas Brewster. 
[ http://www.redding.com/news/stories/20021217lo029.shtml

So why would I go to either Sheriff Pope or Captain Van Buskirk, when I have had no response from them in writing.  I talked to Sheriff Pope in person, and Captain Van Buskirk on the phone, and nothing was done and I received no proper response.  Sheriff Pope even asked me if I had received a response, and I told him "no," that I had received no response from the Jail. 

Now I have received a good report on the latest suicide attempt:  "While the staff response to this latest incident was good time wise, considering the only emergency alert system consists of the inmates screaming, yelling, and kicking doors; when staff arrived they showed their lack of training, or disregard for life-saving protocol, when, being more interested in security than life-saving.  They ordered the inmates, who had already rescued Hedrick from hanging before the staff arrival, to stop the CPR they had begun.  Jail staff then took the time to lock-down the original CPR givers, who presented no actual security risk, before returning to any consideration of saving Hedrick.  Then before restarting CPR, Jail staff took the time to drag the very obese Hedrick out of his jail cell to a common area.  This several minute delay between ordering CPR stopped, and then restarting CPR, could have been the difference between life and death, or the amount of brain damage suffered."  As of this writing I do not know the condition of Hedrick, but if he has brain damage it is the fault and caused by the staff failing to keep the CPR going until the Ambulance arrived.  But what brought Hedrick to the point of trying to commit suicide, living in the Shasta County Jail is hell on earth and some mentally just cannot handle this callus treatment by guards.  I don't know anything about this case, but he probably belonged in a mental hospital not a jail.  Guards are not PsychTechs, and jails are not a place for the mentally ill. 

I said in my letter that "Sheriff Pope and Captain Van Buskirk are being lied to," and I still say that is true.  The only way they would ever get the truth is to have someone do an investigation other than law enforcement, as I would not even trust the Redding Police Department.  It is your job to be this outside investigator, but you are not doing your job, all you are doing is asking the Sheriff or Captain what is going on, and they would have no idea—as all they do is listen to the perpatrators.  You can't ask guards or police to investigate themselves, that is a conflict of interest, and in the Jail the prisoners/victims would not feel free to talk to them, due to the fear of retaliation against them at a later date. 

The issues raised in my letter are still unresolved, the inhumanity by the guards towards the prisoners is still happening on a daily basis.  There is no professionalism in handling difficult prisoners, and respect would go a long way in resolving the situation.  The best way to resolve this is for you to spend a weekend in the "hole," where they don't know who you are and I think you would get a real attitude adjustment. 

So when some of these guards are properly investigated, charged with either Penal Codes §147 or §149, as some are guilty of violating these codes.  Then I will know that some real changes are being made, and the Constitutional rights of the prisoners are being honored and respected. 

Please, please take these issues seriously. 

Sincerely yours, 
 

JDC 

cc: Thom McConnell, Executive Director 
      Sheriff Jim Pope 
      Robert Presley, Agency Secretary 
 

 Various Interested Parties 
 


 Judicial Terror in Shasta County

Three Strikes Legal - Index