Acquit 7 Jail Officers Of Excessive Force Charges

PATRICK FERRAIUOLO: Captain's penalty excessive.

The Correction Department failed to prove that three Captains and four Correction Officers used excessive force or witnessed it being used against an inmate who was being strip-searched, according to an Administrative Law Judge, but three of them face suspensions—one for 25 days—for other infractions.

The department alleged that on Aug. 23, 2006, the employees—Capts. Reginald Patterson, Norman Williams and Kevin Skinner and Correction Officers David Velasquez, Mike Drapan, Ryan Callender and Nathan Robinson—used force or witnessed it being used against an inmate, Raheem Preston, on two separate occasions— once while the inmate was being strip-searched and later when he was transferred to a holding pen.

Pulled Off Line for Search

Mr. Preston, who was held at the Anna M. Kross Center on Rikers Island, was standing on line waiting to get medication for a seizure disorder when he was pulled off the line and taken to the intake area, where he was strip-searched. After the search, Mr. Preston, escorted by Captains Patterson and Skinner, exited the search area and walked across the corridor into pen number 7, where Captain Williams waited by the entrance.

Mr. Patterson followed Mr. Preston into the pen, while Mr. Skinner waited outside with Mr. Williams. As Mr. Patterson exited the pen, facing the corridor, Mr. Preston allegedly attacked Mr. Patterson from behind. Mr. Williams and Mr. Patterson used physical force against Mr. Preston, causing the three to fall to the ground, where Mr. Preston was subdued and handcuffed.

There was a video recording of some of the incident but not of what occurred inside the holding pen.

Mr. Preston explained at trial that he had recently gotten false teeth that caused him to "suck" his teeth, which Mr. Patterson took as an insult.

Says He Was Punched, Choked

When Mr. Patterson asked Mr. Preston what he was doing, he replied, "I ain't sucking my teeth at you." Mr. Preston said the officer reached over a table and punched him in the nose. Captain Williams then put him in a chokehold for "a good five to 10 minutes," according to Mr. Preston, who later admitted it was probably more like five seconds.

All of the respondents denied using any force against Mr. Preston in the search area. Mr. Patterson said he thought that Mr. Preston possessed contraband. "According to Patterson, while Preston was compliant, he did not want to be searched and acted in a belligerent, verbally abusive way during the search," Administrative Law Judge Julio Rodriguez noted in his decision.

Correction Captains Association President Patrick Ferraiuolo said, "First and foremost Judge Rodriguez saw through what the Captains were accused of and exonerated them of use of force and lying."

ALJ Julio Rodriguez said the case ultimately rested primarily on Mr. Preston's credibility. "I found Preston's testimony to be exaggerated, in conflict with the testimony of Officer Davis, the department's corroborating witness, and unsupported by the video recording of the incident," he wrote in his decision. "I conclude that Preston's testimony regarding what occurred in the search area is unreliable and insufficient to satisfy the department's burden."

'No Evidence to Support Him'

The judge also noted the inmate's record, which includes assaulting staff, fighting and verbal abuse, as reason not to believe him. "There is no evidence to support Preston's claims of being choked, stomped and kicked."

Charges that respondents also failed to subsequently report or disclose this use of force were dismissed. The department, however, proved that force was used against the inmate after he was transferred to a pen. Charges that Captain Skinner failed to promptly submit a use-of-force report, and engaged in conduct unbecoming of an officer during an MEO 16 interview by stating the inmate was strip-searched "to remind him where he was at;" that Officer Drapan failed to properly disclose and describe the use of force that occurred in the pen in his use of force report; and that Officer Callender failed to submit a use of force report on time, were sustained.

The ALJ recommended that Captain Skinner be suspended for 25 days, Officer Drapan for 15 days and Officer Callender for five days.

"We feel 25 days for an inappropriate comment and a late submission of a report is excessive," said Mr. Ferraiuolo." The comments were taken out of context and made out of frustration."