Proverbs 14:17:
A quick-tempered man acts foolishly, and a man of wicked intentions
is hated.
Part One: What Happened?
It is imperative to recount the details of an event that happened
many years ago here at USP Tucson. At about 2:15pm, Thursday, July 21
st, an incident happened which begs this question: Did an officer here
at USP Tucson use excessive force against a prisoner?
First, the details At about 2:15-2:30pm: a friend and I were sitting
against the fence on the soccer field yard, near the corner of the yard.
From where we sat, it was close to the sidewalk, which led into the
hallway that was close to Education. We were the closest prisoners to
the vantage point.
About that time, it was the Northside Program move, when the
prisoners here can leave the dorm and go outside, or go back inside, or
go to the Library, Indoor Recreation or other places, so there was
movement of the prisoners, but also of staff as well, since it was also
shift-change. As my friend and Isat in the shade, we saw volunteers from
religious service leaving the building from the door closest to
Education. They were coming from the Chapel, which was in the same
building as Education. There were also two officers, one being the
officer in question. Let’s call him Officer Burt, although Officer
Coward could be a better name. The other officer I do not know.
At the same time, there was an elderly prisoner, Mr. Montgomery (his
name I would learn later) who came down the walkway and headed towards
Education - or that area. Normally prisoners don’t use the sidewalk to
go to Education, they are supposed to go through the prison yard; but
for whatever reason, he did not.
My friend and I saw Montgomery go in, just as the volunteers were
leaving, through the same door. He went in, then we heard some exchange
of words: someone was asking Montgomery why he didn’t go through the
yard as he was supposed to. He was then told to leave; and as he came
out, Officer “Burt” first told him to leave. Then he changed his mind,
telling Montgomery to put his hands up, because Burt was going to put
cuffs on him.
Montgomery… a 60+ year old man, turned to Officer Burt, and put his
hands in front of him. I saw very clearly this action, and perhaps it
might took like Montgomery was being aggressive; but he did EXACTLY what
Officer Burt told him to do. Montgomery thrusted his two hands up in
front of him, much like one would after running their hands through a
bowl of water, pulling the hands upwards. But Officer Burt paused for a
split second, then immediately went and grabbed Montgomery and slammed
him into the fence.
Among the endless profanities Burt spoke - while the volunteers of
the religious service looked on - Burt proceeded to roughly put
Montgomery on the cement, breaking his glasses and drawing blood from
his nose or lips. It was very clear that Montgomery wasn’t resisting,
yet Burt roughly forced the prisoner face down on the cement… on a 105+
degree day, while the volunteers looked on.’
Montgomery showed no reasonable signs of resisting; an elderly man
(or any man) slammed on the fence, then on a hot cement sidewalk while
profanities are spewed over him, while forcing his arms to his back,
will naturally resist a LITTLE: it’s a “fight or flight” reaction.
The second officer helped Burt subdue him, as help was called. It was
shortly canceled, as Burt told them it was under control. The volunteers
were held away by another officer, while Burt and the officer pinned
Montgomery down, and put cuffs on him, as a bleeding Montgomery
cried.
I then heard Officer Burt say, “He lunged at me”, to which I felt
immediate contempt. He told the officers arriving on the scene that
Montgomery LUNGED at him, which justified his actions. After cuffing him,
they picked Montgomery up off the cement, and took him inside, Burt
cursing continually.
Later, my friend and I sat there, furious at what Burt did to that
old man. From the same doors to Education, a couple of staff members
came out, looking at the small area of blood left by Montgomery. My
friend and l were still there, in fact moved closer to see the blood
spot. I overheard the two staff members talk about the incident, but
tried not to be too nosy. One said, “i can’t believe he did that in
front of those people”.
Who was he talking about? Montgomery… or Officer Burt?
So, I saw what happened, and was sickened by Officer Burt’s response
to the situation. Naturally, when the other prisoners on the yard saw
what happened, they came over to see the situation. They asked us what
was going on, and I was adamant in saying that Montgomery did NOT lunge
at the officer. One of the other prisoners said that the officers told
Montgomery to go through the yard, and he refused. He was stubborn about
it, and decided to take his own route to Education or Psychology. I
heard he was trying to go to Psychology, so he could get his
medication.
So—excessive force? Was Officer Burt’s actions necessary, or was this
based on a man with a quick—temper? Consider the factors: USP Tucson —
although a penitentiary, is almost non-violent. One case manager once
said, “this is the softest penitentiary in the country.” Most prisoners
are non—violent (at that time, because MUCH has changed in the last few
years), or ex gang members trying to leave that life behind. So relaxed
is this prison, that during rec move, the softball field, the middle
yard, and the soccer field can be full of prisoners, with ZERO guards,
because it is not needed. This was not an “active” yard, so aggressive
confrontations with officers are minimal; hardly existent at all.
So was this exessive force? We’ll explore that in the second
part.
Part Two: So Was it Exessive
Force?
So, what are we looking at? A situation where an elderly man, in his
60s, is taken down by an officer when he “went the wrong way” here at
USP Tucson. The officer (let’s call him Officer Burt) told the old
prisoner to put his hands up because he was going to cuff him.
The prisoner, named Montgomery, did as he was told, and in the
action, he put his hands up straight in the air. Officer Burt paused,
then roughly pinned Montgomery to the fence, then took him down to the
hot cement… all this while visitors to the prison for the religious
service stood mere feet away.
Is this “Rodney King 101”, where an officer can justify rough and
excessive treatment of an elderly prisoner, who happens to be on psyche
medication? How will the prison justify this action? Normally this is a
simple task for the prison to do; they’d just ignore the prisoner
complaint and discredit anything we say. After all, nobody believes
prisoners: that’s the running theory.
But there’s a problem with that this time: there were witnesses from
outside the prison. Those volunteers for religious service came from
ministries outside the prison, right here in Tucson. Will the prison say
that those people didn’t see what they saw? Or, will those visitors
believe Officer Burt’s story, and make Montgomery the villain? I might
wager the latter, but it depends on what those people from religious
service is willing to believe. I mean, I know what I saw; they saw the
same thing.
So now the problems in society; the abuse of authority by officers,
now reflects in this prison (which has always been an issue). This isn’t
new: officers have been roughing up prisoners for the longest time, but
the prison never took accountability, because it’s always our word (the
prisoner) vs their word (the prison). But now with about 5—6 visitors
from a ministry, looking on while Officer Burt virtually assaults a 60+
year old man, breaking his glasses and drawing blood, the prison has to
find a way to spin this.
It was also interesting to note: I saw officers running to the scene
when the “deuces” were hit (a call on the hand unit for help). I could
be wrong, but when some of them arrived, they were hesitant to
physically get involved because they saw the visitors. Had they NOT been
there, would they have been more aggressive? Even the second officer
with Burt seemed hesitant to assist Burt, possibly having a moral check;
was he thinking, “is this the right way to go about this?”
So, what happens now? If I know this prison, they’ll defend the
shield and do the wrong thing. An officer with a quick-temper showed
poor judgment and excessive force on an elderly man on medication in
front of a group of volunteers from outside the prison: witnesses. There
is no question that in my eyes, my friend’s eyes, the prison
surveillance and the volunteers who saw the incident that all the facts
were congruent. It all matches.
So, IF the prison chooses to side with Officer Burt, they are wrong,
and no different than abusive police officers who beat people or kill
them, then justify it to the victim. Something has to be done to restore
respect to these officers, and I fear that this prison may not be
capable of doing that.
Proverbs 17:15 says:
“He who justifies the wicked, and he who condemns the just, both of
them alike are an abomination to the Lord”.
I don’t expect the prison to do the “right thing”, because it would
be an admission that they make mistakes. And they’d never admit that to
prisoners. They’d rather cover it up, discredit or forget the valid
points of view we give. Yet in doing this, prison abuse flourishes. Just
two weeks prior to this incident, a man was murdered in the SHU
(Specials Housing Unit) based squarely on prison ignorance and neglect.
Officers have been accused of discrimination, yet the prison has been
slow to act, if at all.
Bad behavior by officers is ignored, or even rewarded, since many get
promotions; but half questionable behavior by prisoners have been met
with full frontal condemnation.
Where does it end? Sadly, at this rate, it won’t. Prisons don’t learn
from their mistakes, even if it is shown on television shows a hundred
times. Prisons believe they can do what they want to prisoners because
it’s some given right; and if (when) they do abuse people, it’s like Las
Vegas: “What happens in [prison] stays in [prison].” Besides, who
believes prisoners anyway?
But I didn’t lose my humanity when I got locked up. I still have
values, so I will stand strong on this, regardless of what people say or
think. Prisoner or not, people should be treated with a level of respect
until something critical changes the situation. Officer Burt is known
for having a temper; I had a run in with him before, and I am not a fan
of his tactics at all. That doesn’t make me prejudiced against him (from
one black prisoner to a black officer). I think he’s a bad officer, and
persecutes prisoners because he can get away with it; and nobody working
at USP Tucson has the intestinal fortitude to hold him accountable. Lots
of officers here are like that: not ALL, because there are a couple of
“good” officers here, but people like Officer Burt make prison so much
harder than it needs to be.
The punishment is to BE in prison, not the abuse done by any officer.
So, this incident which happened several years ago, as I look back at
it. Montgomery got his family to sue the prison for abuse, which I
helped by documenting what I saw. I hope it got Burt fired. But, years
later, not much has changed. Bad officers get promoted, while the good
ones leave, going elsewhere.
USP Tucson has gotten worse since then, so, I have to keep
writing.