Free Motion for Reargument - District Court of Delaware - Delaware

Case 1:04-cv—O1391-JJF Document 106-3 Filed 06/O3/2008 Page 1 013 -

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Case 1 :04-cv—O1391-JJF Document 106-3 Filed 06/O3/2008 Page 2 of 3- ·
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“>=¤¤m= r Date: Fri, 3 Sep 2004 05:24:00 GMT . _ I
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Subject: diary _ ’ W W I ,
` Theae are the events leading up to the assault on Tim ward as I
remember them, I have been advised to write a diary of the incidents that took E
. place, and led up to the incident. I have spoken to Capt Macranox who
can support my locationfaxea at the time of the incident. I {
1 ‘ 3
On the date of this incident I was assigned to Unit #28. I worked the i
morning and supervised the running of a.m. yard. During that time I was i
in and out of the yard, looked and unlocked the yard for staff and
. inmates and also conducted area checks in T¢1 and T~2. After yard was over,
all t~1/t—2 inmates were returned to their housing units, JVT was ,
notified at that time t-yard was clear and inmates were secured. -
Soon after chow begun. when it was the T's turn to go to chow Lt Harvey ` r · ,
= asked that I unit #28 accompany the T's to the chow hall and assist in
a. running the T‘s lunch session. I then walked with the T's to the chow I
hall. At that time I entered the chow hall I observed Sgt Thomas in with ’ =
me. Soon after I observed i/m Robert Jbhnson talking in the chow hall. ;
At that time 1/m Johnson was advised that there was no talking in the I E
chow-hall and if he continued he would receive a write up. Soon after 1
i/m Johnson continued talking and was observed talking in a loud manor to . `
_ himself. I observed i/m Johnson looking in my direction saying, "you { § i
white motherfuckers", "you mother fuckers are going to get it". I again _ I i
informed i/m Johnson that there was no talking in the chow hall. At that é `
time I/m Johnson became louder and more direct in his words, i/m ¥ I _
Johnson directed his words to me and was obexsezved yelling, "Big white boy, E E {
you going to suck my big black dick, yeah... you are going to suck my ‘ I
dick with honey". also "I am going to fuck you in your ass with my big { 1
black dick, your going to like it“. At that time I went to Sgt Thomas, .
and asked if i/m Johnson was going to be removed from he chow hall, Sgt ‘ }
Thomas said no, it was ok because he did not get up from his seat, and I ‘ i
that he was not a threat to us. At that time i/m Johnson began to bang _ ] {
on his table with both hands, and continued yelling obscenities. At - E
that time many inmates were up out of their seats running to other tables E
and laughing. The chow hall was very loud. Soon after the T's were E
released back to their buildings. I again asked Sgt Thomas about the I [
situation and he advised me again that he was not a thteat!!!. I g [
. - {
At that time the T's were secured in their buildings and JVT was { i
notified. At that time I went over to sp2D/ep21 where Lt Harvey was running ‘ I
ohow, I then asked to speak to him and he agreed. I then notified him of Q
the incident that just took place. I told him I was not a snitch and I
‘ was not concerned about the Sgt in the chow hall but more about inmate
Robert Johnson, and that he seemed like he wasn’t thinking straight. At _ _
that time he notified me that he was familiar with that inmate and that ’ I
_ he had a past incident with him. He also notified me that he was the d é
guy who jumped out the window in W building, he also told me he was
assaulted by the same inmate in the infifmary. I at that time asked Lt
Harvey did he want: me to write a report; on the chow hall incident, he stated D U U 4 -
that he knew the inmates history and that I should hold back a while
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Case 1 :04-ov-01391-JJF Document 106-3 Filed 06/O3/2008 Page 3- of 3 · · I
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and he would go see him after chow. I
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. ‘ I
L When chow was over, Lt Harvey came to T—1, then called unit 25/26 to_ I
‘ help escort Robert Johnson to the infirmary. Within 10 mins Robert I
Johnson was returned to T-1. I then asked Lt Harvey if everything was ok, he !
stated that there were no mental health staff on duty, so he was seen I
by a nurse who then informed Lt Harvey that he would be seen by mental I
' · health on Monday. I
· a
‘ Rt that time I went to T—2 to eat my lunch, and wait for code green and
afternoon yard to begin. After getting a code green and yard beginning ·
I went out to the yard and patrolled the yard area. I also operated the I
T—3 gates letting staff and inmate workers in and out of the area. At
approximately 1430 hours I returned to '1‘——2 and signed in on the area I
check/sign in board. Approximately 5 mins later, unit #29 C/0 Drummond I
came over the radio yelling there was a code in Tiyard. I than left T-2 in
response and found I/m Tim Ward sitting on the picnic table with his I I
head down. He was observed dripping blood from his face, at that time I ` I I
ran back to T—2 and secured the first aid kit. I·returned to the T—yard I
put on my rubber gloves and opened the kit. I removed the contents and _
began opening bandages and handing them to the officers who had arrived . I
on the scene. I/m Tim Ward was observed conscious, but in a dazed and I
_ confused state. At that time medical arrived and transported i/m Ward to I
the infirmary. During this time other units that.arrived help secure ‘ I
all T inmates in their buildings. · ` I
‘ On or about August·27 at approximately 1400 hours I was contacted by ` _ I
phone at ext #2357 by a lawyer representing Tim Ward, I advised him that I I
I could not talk to him per policy and that I needed to talk to someone ¤ I
at the prison before I talked to him. He thanked me for my time and I _ I I
stated if he didn't hear from me that he wouldfknow that I was not allowed I
to talk to him. After hanging up the phone I notified Staff Lt Reynolds _ ` I I
that I received a call, at that time he directed me to call Mike I I
` Little. After talking to Mike Little he said that if I was called again to I I I
refer all questions to the State Attorney Generals office in Wilmington. { .
; .
These are all accounts of the incidents and following incidents as I I I
remember them to the best of my ability. I I
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