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Wake jail officials step up oversight after inmate's fatal overdose

Wake County jail officials said in a letter released today they "categorically reject" any responsibility in the fatal overdose of a 19-year-old inmate. But they also said they have made changes to ensure inmates are appropriately watched.

Last month, the state Department of Health and Human Services' Jail & Detention unit said the jail did not provide adequate supervision of Ralph Madison Stockton IV, who was found unresponsive on a jail mat the morning of Nov. 6. Jails are supposed to observe inmates at least twice an hour to make sure they are alive, but the state said Stockton had been unobserved for 62 minutes.

A state report released last week raised more questions when sheriff's investigators told the medical examiner's office that Stockton was last seen alive at 11:30 p.m. the previous evening.

Stockton of Raleigh, the grandson of a prominent Winston-Salem attorney, died in the jail. An autopsy found that he had overdosed on methadone and other drugs.

The letter written by Dail Butler, the jail's director, said the jail has begun requiring detention officers to fill out and sign a sheet that lists each time they tour the cell floors. State officials received it last week.

"We will continue to stress the importance of supervision rounds in our line-ups, supervisor meetings and yearly in-service classes," Butler wrote. "If we find any area not in compliance, the Detention Officer will be dealt with and corrective action will be taken up to and including dismissal from the Wake County Sheriff's Office."

Butler also said supervisors will make sure that detention officers are not tied up on duties such as feeding inmates or running laundry so that inmates are adequately observed. Any supervisor who assigns duties that interfere with the observation rounds also faces disciplinary action, including possible dismissal.

Stockton died at a time when the jail had more inmates, 556, than beds, 480. The overcrowding was a concern raised by the state, and Butler said in his letter that the county expects to open a new jail that will add another 672 beds in about three months.

Jim Jones, a spokesman for the DHHS, said the state has accepted the jail's operational changes.

A copy of the letter is attached.

Lawsuit filed against Wake sheriff, detention officer over inmate injuries

Attorneys for a former inmate at the Wake County jail filed a federal lawsuit late Wednesday alleging a detention officer slammed the inmate into a wall and bench because he failed to keep his mouth open for observation for several minutes during a strip search.

The lawsuit also accuses Wake County Sheriff Donnie Harrison of running a jail that fails to properly investigate detention officers' beatings of inmates in places where surveillance cameras are not in place to observe what happened.

Eugene Dunston, 50, a Wake County resident, is one of three inmates who suffered injuries after being strip searched by the same detention officer, Michael J. Hayes, in the past 15 months. Dunston said he suffered a deep gash over one eye and a torn ear.

Jail officials have disputed the claims of assault and abuse, and Hayes, 38, has not received suspensions or demotions for any of the incidents.



Wake County District Attorney Colon Willoughby declined to press charges after a State Bureau of Investigation probe. Willoughby said Hayes had used necessary force after Wrenn came at him. Willoughby also said Wrenn likely had a pre-existing condition such as an aneurysm that burst after the single blow.

Another former inmate, Devaughn Holmes, 36, of Fuquay-Varina, said Hayes broke his right arm in a struggle during a strip search on Sept. 27, 2010, because Holmes did not want to wear what he described as soiled underwear. Jail officials say he did not report the broken arm. Medical records from the night after he left the jail show it was broken just below the elbow.

Dunston said while he was naked and in handcuffs, Hayes, a body builder, slammed him head first into the wall and bench. Dunston said Hayes was angry because Dunston had closed his mouth during the strip search before Hayes had told him he could. Detention officers look into the mouths of incoming prisoners to make sure they are not bringing contraband into the prison.

Dunston said Hayes had made him keep his mouth open for roughly 10 minutes, and he closed it because it ached.

In the lawsuit, Dunston also alleges another officer beat him a year earlier on a cell floor. Dunston sought the video, but the sheriff's department would not produce it, he said. In the end, he said he pleaded to assaulting the jailer, as part of a deal to be released for time served.

The strip-search rooms did not have surveillance cameras when Dunston, Holmes and Wrenn were handled by Hayes. Last month, the jail installed cameras in them, and the day of Dunston's injuries, Hayes was transferred out of the booking area and into a jail annex that houses well-behaved inmates.

Jail officials have said Hayes' transfer had nothing to do with the injury claims, but they declined to say whether the cameras were installed in response to them.

Raleigh attorneys Gregory Kash and Eric Doggett are representing Dunston.

Donnie Harrison making robocalls for Heather Losurdo

Wake County Sheriff Donnie Harrison made robocalls asking people to vote for Heather Losurdo in the Wake County school board runoff election.

In the Monday robocall, Harrison touted Losurdo's support of "the new bi-partisan student assignment plan." He said that incumbent Kevin Hill "wants to go back to the forced busing policy parents hated so much."

Harrison, who like Losurdo is a Republican, made a pitch to people who aren't parents of current students by noting that "72 percent of your county property taxes go to the schools." He said that "Heather will be a good steward of your tax dollars."

Wake County sheriff tests sling shot skills at the fair

N&O photographer Travis Long got this shot of Wake County sheriff Donnie Harrison last night, taking aim while testing the Super Sling Shot game as carnival worker Jason Westmoreland helps steady his sling. Harrison says the sheriff's department checks all carnival games to make sure they are fair and winnable. "If someone asks me if you can win this game, I can say yes you can. Because I can win it myself," assured Harrison. "Is it hard to win? Yes."

Harrison managed to knock down a pig-shaped pin after more than a dozen tries.

Donnie Harrison asking people to vote for Donna Williams

Wake County Sheriff Donnie Harrison has been stumping for school board candidate Donna Williams in this 60-second spot appearing on radio stations.

The ad stresses Williams' professional background, her time as a school volunteer and her support for neighborhood schools. Williams also says she "will work to ensure fair distribution of academic programs for all students," which basically means looking at the magnet/non-magnet divide.

Here's the text of the ad:

Paul Stam calling Wake school board elections a "national litmus test"

Is the rest of the nation watching this fall's Wake County school board elections?

As noted in today's article, that's an assertion made by state Rep. Paul Stam, the House Majority Leader, in explaining why he's endorsing school board chairman Ron Margiotta in his re-election bid in District 8.

"I support Ron Margiotta because this election represents a national litmus test in education reform," Stam said in an invitation to a July 14 fundraiser for Margiotta. "From the New York Times to the Washington Post, the Wake County School board elections will be analyzed on a national scale."

Wake reviewing the school resource officer program

How much change, if any, will be made in the way school resource officers operate in Wake County schools?

As noted in today's article, Wake Superintendent Tony Tata is expected to report back in September to the school board on the survey they requested of the effectiveness of the SRO program. It's a prelude to efforts to revise this memorandum of understanding that governs how the SROs operate in the schools.

While a majority of the board asked for the survey and indicated they wanted to review the MOU, it's uncertain how far they're willing to go to change the agreement. It's also uncertain how much the various law enforcement enforcement agencies would be willing to change.

N&O presses for more info on jail officer

An attorney for The News & Observer today asked Wake County Sheriff Donnie Harrison to reconsider his decision not to provide key personnel records for a jail officer involved in an altercation that left an inmate in a coma two months ago.

Attorney Amanda Martin said in a letter to the sheriff and to Wake County District Attorney Colon Willoughby that withholding such personnel information is in violation of the public records law, which does not allow public records to be withheld simply because there is an ongoing criminal investigation.

Last week, Harrison said in a letter that Master Detention Officer Michael Hayes had served a disciplinary suspension without pay six months prior to the incident that has left Joshua Martin Wrenn in a coma at Duke Hospital, but declined to explain the circumstances.

Harrison had declined to produce any information about the suspension for several weeks because it is his practice not to release such information during the course of the SBI investigation. Willoughby said he did not want the information released while SBI agents were interviewing witnesses for fear it might alter their statements.

Once the interviews were completed, Willoughby told Harrison he had no issue with releasing Hayes’ personnel information. But Harrison then only released information related to actions taken after Oct. 1. That’s the start date of a new law that expanded the types of personnel records that are now public, including suspensions, demotions and dismissal letters.

Harrison contended it’s not clear that such information prior to Oct. 1 is public. Martin said that’s not the case, citing an opinion from the Attorney General’s office.

“Both the plain language of the statute and the opinion issued by the Attorney General plainly say that the General Assembly’s recent amendments ... make available to the public certain information that was created prior to the passage of the law,” Martin wrote.

Martin has asked to meet with Harrison and Willoughby next week to try to resolve the impasse. She said The N&O would file suit in state court to win the records’ release if Harrison continues to withhold them.
 

Debra Goldman back at Raleigh Christmas Parade

You can look for Wake County school board vice chairwoman Debra Goldman to be back out at the Raleigh Christmas Parade on Saturday.

Goldman marches annually along with Wake County Sheriff Donnie Harrison. She's a volunteer with Harrison's Citizens' Well-Check Program, which allows seniors who are living alone to register and be contacted 365 days a year by phone.

Goldman was part of a minor stir last year when she was banned from wearing her Mrs. Santa Claus outfit. The Greater Raleigh Merchants Association is once again banning anyone but the parade's official Santa from donning the red suit.

Mrs. Debra Goldman-Claus

Mrs. Claus may be familiar if you look hard enough at tomorrow's Raleigh Christmas Parade.

Newly elected school board member Debra Goldman will reprise her role of Mrs. Claus from last year's parade. You can find her tomorrow, either in person or on TV, escorting Wake Sheriff Donnie Harrison in an effort to promote his Citizen Well-Check program.

Here's the press release Goldman sent this morning:

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