Fire 2 COs for Excessive Force and Lying About It

MARTIN F. HORN: Concludes COs crossed the line.

Correction Commissioner Martin F. Horn terminated two Correction Officers after they used excessive force while searching an inmate's cell, failed to give the inmate medical attention, filed false reports and made false statements.

Administrative Law Judge John B. Spooner ruled that Rodney and Alexander Williams committed these acts after hearing the admission of one of the officers, a Captain's testimony and inmates' statements after charges were brought by the Correction Department.

A 'Beef' With Inmate

At about 2:30 a.m. on April 26, 2007 at the Eric M. Taylor Center on Riker's Island, Alexander Williams was assigned to the A post, a control room between two adjacent corridors. Rodney Williams was working as a meal relief officer, assigned to relieve a CO identified only as Officer Harwood and Officer Emanuel Archibald, who was also originally charged in this incident. (A decision on Mr. Archibald was postponed because of an illness.)

Capt. William Derleth testified that he had just completed his first tour of duty when he received a phone call from Officer Archibald, who said that he found an inmate named Clanton out of his cell with a cut on his eye. Within a few minutes, Captain Der- leth walked from his office to an upper housing area, where he found Officers Rodney and Alexander Williams sitting in the A station. Officer Archibald, who had just taken the inmate to the clinic, walked in with him.

The inmate, Mr. Clanton, told the Captain that he had a "beef" with Officer Alexander Williams. "As a consequence, both Officers Alexander Williams and Rodney Williams entered his cell and 'tore it up.' He pointed to an injury above his eyebrow and said, 'They did this to me,' " Judge Spooner said in his decision. Captain Derleth noticed blood on the floor opposite the inmate's cell.

Officer Alexander Williams told Captain Derleth that the inmate "got unruly" or "came off the wall," and the officers injured him while trying to restrain him.

The inmate did not want to make an issue of the incident and told the Captain to "forget about it."

Captain: 'Won't Report This'

"Despite the Captain's feelings that the force used by the officers was not legitimate, he nonetheless felt he did not want to get involved," Judge Spooner wrote. "He therefore had the inmate locked in and told the officers, 'We're not reporting this.' The Captain heard Officer Alexander Williams protest, 'Cap, I don't know about this.' "

The next day a different Captain took a written statement from the inmate, who received eight stitches for a cut above his right eye. The other parties involved wrote statements afterwards.

The inmate said that three officers came to his cell about 3 a.m. One officer held his arms behind his back, while Officer Rodney Williams allegedly choked and tripped him. An officer then hit him in the eye four times.

In their trial testimony, the two officers both challenged the testimony of their Captain and that of the inmate. Officer Alexander Williams testified that around 2:30 a.m. he was speaking to Officer Archibald when he suddenly noticed that the inmate in cell 3 was in the corridor and heading to the day room. The officers stopped him and then searched his cell, finding toothpaste used to jam the door.

'Busted His Head'

Mr. Clanton claimed that Alexander Williams told him,"When I write you up, you're going to be in the hold with the rats for at least four months," he said.

Alexander Williams said the inmate complained of bleeding and was taken to the clinic. COs said he "popped his cell" and "busted his head."

Captain Derleth did not buy this account. "No f---ing way," he said. "This didn't happen like this."

Officer Alexander Williams said, "Yo, Cap, it is what it is."

Captain Derleth tore up the incident report, the injury report and the inmate infraction and placed the pieces in the sink, lit a match, burned them and then flushed them down the toilet, the officers testified.

Judge Spooner sided with the Captain's account. "For a number of reasons, I concluded that by far the most credible and reliable account offered at the trial was that of Captain Derleth," he stated. "First, unlike respondents, he had no stake in the outcome of the hearing. He also provided a plausible and consistent account, corroborated at major points by other witnesses.