DARRYL GRAY DA­3161

by Julian Heicklen

Darryl Gray DA­3161 is an inmate at the State Correctional Institution (SCI) in Greene county. On September 5, 1997, inmate Sapp and a Correctional Officer (CO) were feeding inmates on E-Unit B-Pod in RHU. After the inmates were finished eating their meals, inmate Sapp returned by himself to collect inmates' food trays. When he reached Darryl Gray, Sapp told Gray that he had put something in Gray's food and laughed about it. Gray became angry and he tried to throw a cup of water on Inmate Sapp. Sapp said that he would report this to the COs.

Mr. Sapp left and returned with CO Beddick, who asked Mr. Gray what was going on between him and Sapp? Mr. Gray then repeated what Mr. Sapp said about putting something in his food. Mr. Sapp denied this. CO Beddick then asked Gray if he threw water at Sapp. Mr. Gray said yes, but it did not get on Sapp, it hit the floor. Mr. Sapp said that Gray was lying, it did get on him. CO Beddick said OK, I know what to do with you, referring to Gray. CO Beddick left and returned to Gray's cell and told him to pack all of his personal belongings, because he was being moved to F1 Block RHU.

Sergeant Williams, Lt. Grainey, CO Kennedy, and CO Beddick ordered Gray to place his hands out of his cell through the food trap so he could be handcuffed with his hands behind his back. Lt. Grainey and Sgt. Williams were escorting inmate Gray to F1 block. As they were walking down the walkway, Sergeant Williams asked Mr. Gray what had happened. Mr. Gray told his side of the story. Mr. Gray then was physically assaulted by Sgt. Williams while Lt. Grainey refused to intervene or stop the assault. While stepping out of the last door coming out of the medical building, Sergeant Williams grabbed the back of Gray's head while using obscene language. Sergeant Williams slammed inmate Gray's face into a wall, causing him serious injury to his face and left eye.

Inmate Gray received medical attention. A nurse looked at his injuries and took 3 photos and wrote a report and gave Gray an icepack. Later inmate Gray received a Misconduct Report 878149 charging him with assault and threatening another person. Mr. Gray was sentenced to 90 days in RHU for assaulting and threatening inmate Sapp.

Mr. Gray filed numerous Inmate Requests describing the assault by Sergeant Williams and asking for an investigation. Inmate Request of September 17, 1997, to Superintendent Ben Varner received no response.

Inmate Request of September 18, 1997, to Ms. Balestriei informed her of the assault and requested to speak to her as soon as possible. Response from Ms. Balestriei of the same date stated: "Your request has been forwarded to the appropriate staff member."

Inmate Request of September 21, 1997, to Major Duke received no response. Identical Inmate Requests were sent on September 26, 1997, to Captain sparbanic and Superintendent Ben Varner. Neither request received a response.

Mr. Gray sent his documents to inmate Robert Robinson AM­8713 and asked for his help, which Mr. Robinson is providing. However the guards took the Misconduct Report, decision from the hearing examiner, and Inmate Grievance. Mr. Gray has filed a lawsuit against Lt. Grainey and Sergeant Williams. Mr. Gray reported to me on April 1, 1998, that he still is being held in RHU for the incident with inmate Sapp of September 5, 1997, even though the sentence was for 90 days.