San Jose jail death: Sheriff condemns 3 correctional officers booked on murder in fatal beating
09/03/2015 09:13:36 AM PDT
SAN JOSE --
Three correctional officers were arrested on suspicion of murder Thursday for what Santa Clara County Sheriff Laurie Smith called the "violent and cowardly" in-custody beating of a mentally-ill inmate last week, an unusually swift development that also led to pledges to examine practices at the state's fifth largest county lockup.
Standing at a news conference flanked by her command staff, the five-term sheriff minced no words in condemning the three officers -- 28-year-old Jereh Lubrin, and 27-year-olds Matthew Farris and Rafael Rodriguez -- whose murder allegations have no precedent in the 165-year history of the Sheriff's Office.
"It is unmistakable that Jereh Lubrin, Matthew Farris and Rafael Rodriguez committed this cowardly and heinous act against an unarmed individual they were entrusted to protect," Smith said. "I made the decision after thoughtful consideration and consultation with our investigative team and command staff that the three accused must be taken off the streets as soon as possible."
Smith said she spoke privately with the family of the victim, 31-year-old Michael James Tyree, just hours after the arrests.
"I want to express my profound sorrow over the loss of Mr. Tyree," Smith said. "This violent and violent cowardly act that took Mr. Tyree's life is not indicative of the values we expect and honor with the men and women of this department."
The three were booked on suspicion of murder, assault under color of authority, and conspiracy. A source familiar with the investigation said they were transferred to a protective custody at a jail facility in Alameda County: out-of-county holding is typical for suspects who work in jails or have sensitive law-enforcement assignments.
When he died, Tyree was similarly being held in protective custody on the sixth floor of the Main Jail on West Hedding Street, owing to a probation violation stemming from a minor drug-related arrest from a year ago. He had agreed to a residential treatment program for substance abuse and was still awaiting transfer to a facility.
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Smith said that on the night of Aug. 26, Lubrin and Farris were conducting a routine clothing search of inmates' cells in the 6B wing, soon joined by Rodriguez. During the search, inmates were locked in their cells and the three officers were the only jail staff in the wing.
Tyree was in a single-person cell when he was searched, Smith said. After about 20 minutes, the three officers left the wing, and no other people entered.
An hour later, into the early moments of Aug. 27, Lubrin reentered the wing to conduct a routine welfare check and soon after issued a "man down" call on his radio after reportedly discovering the 5-foot-11, 150-pound Tyree on his cell floor naked, covered in feces and vomit, and unresponsive.
Smith said Rodriguez helped Lubrin pull the unresponsive Tyree out of the cell and perform CPR. Medical personnel soon followed, but they pronounced him dead about 12:35 a.m.
That was the entirety of the official narrative, and there was no known video of the interaction inside the cell.
But several inmates who were also housed in the 6B wing reported seeing the three correctional officers go into his cell and then hearing him scream, "don't," "please, stop," "help," and "I'm sorry," before falling silent after the officers left, according to a relative of one of the inmates.
It was only after Tyree's body was discovered that the officers reported they used force to restrain Tyree because he refused to take his medication, according to a source familiar with the investigation. That was a breach of protocol, which requires that officers must immediately report any use of force and request medical care for the inmate.
At the Thursday news conference, county medical examiner Dr. Joseph O'Hara said Tyree suffered multiple blunt force injuries, including severe cuts to his liver and spleen.
"In short, he bled to death internally," O'Hara said, deeming the death a homicide.
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Originally Posted by BuddyRey
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