By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The lawyer for the fired Lewis County Jail sergeant shot back yesterday, issuing a press release criticizing Sheriff Steve Mansfield for attempting to try the case in the news media, reminding news reporters of Mansfield’s personal experience of being investigated for alleged criminal conduct.
Centralia attorney Shane O’Rourke said he represents Trevor S. Smith, who was terminated at the end of last month for mistreatment of two inmates and then arrested earlier this week for allegedly accessing secure jail computer records while he was still on the job.
“As a career corrections officer, my client respects the court system and the judicial process, and because of that we are not going to make any comments about the facts of the disciplinary proceedings or criminal case against my client other than to say that there are always more facts to a story than what only one side offers,” O’Rourke wrote. “We will allow those facts to come out through the legal process.”
Mansfield revealed on Wednesday that Smith was let go because he abused his authority in dealing with assaultive inmates, insinuating Smith moved beyond containing the situations and into punishing the individuals.
The sheriff called Smith’s actions disgusting and embarrassing, but didn’t go into much detail, citing a concern of jeopardizing a termination hearing.
However, a fulfilled public record request for the June 27 termination letter and other related documents show Smith was disciplined last year after directing that an inmate be kept in a restraint chair for approximately twelve hours without food, water, or restroom breaks.
And on Jan. 25, an inmate with mental health issues was not offered a wet towel, a shower or any “decontamination” for more than five hours after Smith had directed the discharge of OC-10 pepper spray into his closed cell, according to the sheriff’s office. There was no running water in the cell at the time, having been shut off the day before due to his attempt to flood the cell.
The termination letter from Lewis County Sheriff’s Office Chief of Staff Steven Walton noted that in both cases squad members approached Smith about attending to the inmates’ needs and Smith ignored them, allowing the inmates to suffer.
“Your conduct in this case screams of deliberate indifference to the care and well-being of those over whom you are responsible,” Walton wrote on behalf of the sheriff. “Indeed your conduct ‘shocks the conscience’ and could be viewed as violating basic civil rights possessed by all human beings regardless of status.”
Smith’s attorney O’Rourke pointed out Mansfield is an outgoing sheriff and that his office isn’t supposed to be involved in a large part of the investigation – Smith’s criminal case – because of a conflict of interest.
O’Rourke noted the sheriff has had firsthand experience as both being the subject of an investigation – in 2009 when allegations were made of Mansfield harboring a runaway; the 16-year-old girlfriend of his son, a case that ended with no charges filed – and contended he has before attempted to impose his own beliefs and try a case in the media before it was brought to court.
“(A)s was the case with the Ronald Brady homicide from a number of years ago, where his judgment was later proven to be incorrect by a trial court and appellate court,” O’Rourke stated.
O’Rourke was one of two Lewis County deputy prosecutors who tried the Brady case in 2011 and has since moved into private practice with the firm of Buzzard and Associates. Sheriff Mansfield refused to arrest Brady who shot at two intruders on his Onalaska property, saying it was self defense.
“My client and I hope that as this case moves forward, Sheriff Mansfield draws upon these experiences and discontinues any efforts to improperly taint this case and further prejudice my client,” O’Rourke wrote.
The June 27 letter did not name the two inmates, but did offer further details about the most recent incident.
The inmate with mental health issues was described as a man large in stature, 6-feet 9-inches tall and about 275 pounds, who had exhibited aggressive behavior since his incarceration. He was being held in the medical observation area when he reached through the cuff port in his cell and grabbed an officer’s keys, pulling the officer against the door, according to Walton.
The inmate got the keys, but returned them shortly after an entire three-ounce can of OC-10 was discharged into the cell, Walton wrote.
The decision to use force, the pepper spray, to gain compliance wasn’t questioned, according to Walton.
But leaving him to suffer without any relief was extremely serious and demonstrated unacceptable judgement and decision making, he wrote.
Walton left the sheriff’s office when on July 1 he took a position as Lewis County budget administrator, but has been designated to continue in the chief of staff-undersheriff role for the purposes of handling Smith’s case.
Smith was hired at the sheriff’s office in 2004 and promoted to jail sergeant in 2011.
Smith has filed a grievance through his union, asking to be reinstated, claiming his termination was not for just cause.
His arraignment on charges of computer trespass is set for next Thursday.
•••
For background, read “Lewis County Jail sergeant let go for mistreating inmates, then arrested for computer snooping at work” from Wednesday July 16, 2014, here
Tags: By Sharyn L. Decker, news reporter
What is our judicial system coming too its a sad day when the ones sworn to serve and protect will bring in an informant from western state mental hospital and pass him off as a reliable creditable informant in order to make arrests on 8 people and push them through the system and get them to make a plea deal which is a conviction without the right to appeal before every one realizes how wrong they were to ever have used an informant that was not creditable whos to hold them accountable when they do wrong or break the law they should be held to a higher standard and have repercutions for their actions just like everyone else
I would like to know the prosecuter decided not to seek the death penalty for convicted killer john booth they claim tyearshey didnt want to spend the money a million dollars but will spend the million trying a death by sales in which they are seeking 35 years for rob lusk roll in the death of a young man by overdose rob should be held accountable for his actions which is nothing more than delivery or manslaughter but when booth took a 16 year old boy put him on his knees begging for his life and shot him executional style while his father watched makes me wonder where justice stops and just us begins the tax payers will probably pay out 3 million in the next 5 years on booths appeal lawyers while they are trying to give rob lusk 35 years to think about something he is so sorry for.
I thought you could only leave a person in a restraint chair for up to four or so hours. Not 12. That is inhumane. I understand that he probably thinks that these people are just law breaking low lifes but even they have rights.
Lisa,
Would you like to clarify what “inappropriate behavior” lead to your termination? Bottom line is get all the information before you cast stones while living in a glass house.
As anyone who watched National Treasure knows, Silence Dogood was a pen name used by Benjamin Franklin when he couldn’t get published under his own name. He also wrote under the names Harry Meanwell, Alice Addertongue, Richard Saunders, and Timothy Turnstone among others.
Not sure who Silencedogoode is, pretty sure that’s not your real name.
”Inappropriate behavior” is a subjective term. What is acceptable to one person may not be acceptable to another.”
NO KIDDING!
I just know I was there and Smith’s behavior was unjustified and wrong on several levels, if a reasonable person would have witnessed his actions he would have been unjustified!
So in the first incident where the guy was in the chair for 12 hours he was given no bathroom breaks? This statement alone let’s you know just how clueless the sheriff is in regards to how the restraint chair works. If they are bad enough to be in the chair there is no “time out” to pull them out and let them go to the bathroom then “time in once they are secured again in the chair.
Also the sheriff wants to turn these guys into victims, the guy who was in the restraint chair had assaulted an officer to get put in the chair. It should be noted that he punched the officer without provocation.
I am not at all surprised at the embellished statements coming from the sheriff. He is a guy who refuses to let facts get in the way of a good character assassination.
Lisa-“Inappropriate behavior” is a subjective term. What is acceptable to one person may not be acceptable to another. Kudos to you for calling him out when your ideas of fair treatment were not being met. I’m guessing he was not your SGT at the you were employed there. I’m also guessing the inmates were expressing “inappropriate” behavior to staff at the time you called him out. In any case, correction officers face dangerous situations every day. I’m sure its not easy getting spit on, punched at or verbally assulted in your workplace. I appreciate the work they do for the community.
Being a former fellow employee of Smith, I can truly say this doesn’t surprise me. During the time I spent working with him, 2004-2009, there were numerous occasions he was inappropriate to mentally ill inmates and other vulnerable inmates. I did call him on his actions on several occasions just as a fellow employee. I also spoke with the one in charge on at least 3 occasions. I couldn’t say what happened from those reports, hopefully he was reprimanded.
I can say my 12 years I spent at LCJ as a CO were very beneficial to me in many ways and I wouldn’t trade them for anything. I made friendships that I will have for a lifetime.
There are some very wonderful people who are employed there.
“SilenceDogoode” — Wade H., is that you?
“Ridge says:
Friday, July 18, 2014 at 10:32 pm
…What makes the Salkum case any different…”
The Shooter on 508 laid waiting for someone to show up, then when they did at night, opened up the garage door and opened fire.
I think that’s the difference between running someone off your land and being attacked vs. start shooting with no warning or even being able to identify your target as a threat.
I wish people would take the time to educate themselves on the whole story. The WHOLE story is public record. What is reported here is just part of the story. It sounds like the SGT was trying to protect his people by avoiding a hands on fight which could have resulted in multiple injuries, not just to the inmate, but to the officers involved. After reading the reports, why is all the blame being placed on this SGT? The night shift also failed to shower the inmate due to his behavior as well. If you are truly interested in this case, get the reports and educate yourself before jumping on the bandwagon. I agree with Mansfield is Moron, jails shouldn’t coddle their inmates. oh..and long as inmates are fed, clothed and cared for medicaly, there are no civil rights violations.
This stuff has been going on for centuries, it’s only the advent of the internet that has revealed how political alliances and personal affiliations guarantee unequal application of justice.
Where is Hanson in all this? why doesn’t someone step up to the plate when they see something wrong happening? makes me sick, they all act like a bunch of sheep.
The reason that there has been so many public problems with the LCS is that there are systemic problems. The public stuff is only the tip of the iceberg.
Biggest problem is unequal justice. We had a kid stabbed 9 times in the back here in Packwood last year. The stabber was let go with no charges because both he and the chief LCS deputy are Semper Fi and the stabber’s family are cops.
We want justice but can’t get it.
So a 6’9″ 275 lb man is out of control and had to be pepper sprayed. Does the Sheriff actually believe someone should then enter the cell and hold the guys hand. If Officers had attempted to decontaminate the inmate it would have resulted in a physical altercation with an already out of control pissed off inmate. OC-10 is not lethal or harmful. Sure the dude was uncomfortable but that is better than some one actually getting injured. Smith isn’t part of a clic of some of the bleeding heart, want to coddle inmates group and this isn’t the first time that group has “come forward” info resulting in a termination. The last time was simply because they didn’t like the officer. Mansfield is a joke as a leader and Hanson is totally clueless about what happens behind the scenes in the Jail.
Most of the people of Lewis County sided with Sheriff Mansfield on the Ronald Brady case. But since we were all wrong, according to the jury. What makes the Salkum case any different. Both shooters left a place of safety to confront a trespasser that was not armed. We have yet to see the same outcome the jury decided on in the Onalaska Brady case be done in the Salkum shooting.