Corpus Christi Caller Times Caller.com - Prosecution rests in jailers' use-of-force trial

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Saturday, June 9, 2001
Prosecution rests in jailers' use-of-force trial
Officer-training instructors testify that the restraint, force used against Torres was excessive
By Jason Ma
Caller-Times
   The prosecution rested its case Friday against two ex-jailers accused of beating an inmate, closing with officer-training instructors who testified that the alleged use of force was excessive.
   Ralph Torres was arrested Feb. 19, 2000, for public intoxication. Charles Kaufman faces four counts each of official oppression and aggravated assault. Thomas Bailey faces two counts of official oppression.
   Bailey allegedly stomped on Torres' legs while he was face-down on the floor and being restrained by another jailer.
   Prosecutor Mark Stolley asked the officer-training instructors a series of questions about the actions the ex-jailers are accused of and whether they would consider them to be excessive.
   Stolley asked if an inmate is restrained and not making aggressive moves, would any physical force used against that inmate be illegal.
   "You get no free shots," said Lt. William Rylant, director of training at the Nueces County Sheriff's Department. "You cannot hit (inmates) if they've ceased their actions against you."
   But defense attorney Rene Rodriguez tried to show that Torres was a security risk and some physical force was necessary to control him.
   Sitting in a chair in the middle of the courtroom, Rodriguez pretended to be a recalcitrant inmate and asked Rylant to play the part of a jailer using the proper use-of-force protocol.
   "I'm not moving," Rodriguez yelled. "I know my rights. I'm a criminal justice major."
   After failing to get Rodriguez to move with orders and threats, Rylant grabbed his arm and pulled him across the room. They repeated the scenario a second time, but with Rodriguez rolling to the floor when Rylant approached.
   Torres had not followed jailers' orders to have his picture taken, Rodriguez said. Because of the refusal and the fact that Torres had been drinking, Rylant agreed with Rodriguez that Torres was a security risk.
   Rodriguez also questioned whether the use-of-force training the accused officers received was adequate to handle all situations.
   Training officer Sgt. Ashley Issac, trained Kaufman and Bailey, said he taught them moves based on judo.
   But he said he didn't teach them all the options of force, such as striking someone, because without lengthy training sessions, some options might be too dangerous.
   "I decided that the material in the book was too harsh," he said.
   The defense begins its case Monday at 8:30 a.m.


Contact Jason Ma at 886-3778 or maj@caller.com

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