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State V. Mr. S (DMC No. 6525)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT – State V. Mr. S (DMC No. 6525) Oct. 18, 2006 (Pinal County Superior Court CR2006-00186): Mr. S was a prison guard at the Florence State Prison who was present when one inmate began assaulting another inmate. This particular inmate was violent and had previous history with mental institutions. As the fight was being broken up, a Lieutenant came in and became very upset. After leg restrains and hand restrains were placed on the inmate, the Lieutenant beat the inmate so badly that he had multiple broken bones and needed reconstructed surgery.

The Lieutenant instructed all of the guards (including Mr. S) to give a false story. He also erased the video tape of what had occurred. Several weeks after the incident, the guards began telling the truth to the Internal Affairs Department. Mr. S was charged, even though he never struck the inmate. After a 2 day Bench Trial, involving numerous witnesses, we were able to show the Judge that Mr. S simply stood by as ordered by his superiors. He never partook in the actual Assault on the Inmate. The judge returned a verdict of Not Guilty on all charges.

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