Correctional officer killed at USP-Atwater

[bigred7736]

This is my first post after joining. I was greatlsaddened to read about Officer Rivera's death. My heart goes out to his family and friends. RIP

[DanburyHack]

It is hard to believe it has been a year and a half already. I remember getting to work here in CT and hearing that we lost an officer in CA. Truely sad... I wish his loved ones all the best. Rest in Peace Rivera rest in Peace

[LIFERatUSPLEW]

http://markpeacocklaw.com/live/index...=raw&Itemid=70

If your interested you can view the tort claim against the BOP here. I think it may have been posted already, but I just received it in my email.

[Big Sandy Bossman]

Seem like yesterday I was in my IF class and because I was wearing a tie I had to be in the Fallen Officer ceremony, and I was pinning on Flower number 23 to the wreath.... I never really thought I would have to see number 24, but it was only a year and a half later. Now its been another year and a half. Lets you know how precious life is and just how easy it can change forever.

I am not a very religeous man, but I still feel for Officer Rivera and his family, for what they gave, and what they had to go through.

[HapkidoKa]

MERCED — The U.S. Department of Justice has denied a Merced family's $100 million administrative claim against the Federal Bureau of Prisons and several of its employees over the 2008 death of correctional officer Jose Rivera.
An administrative claim is a precursor to a lawsuit. The claim gives the government a chance to address a complaint and make reparations.
The claim was denied because of missing documentation, according to a letter from Harlan W. Penn, regional counsel for the Department of Justice. The letter claims Mark Peacock, a Newport Beach-based attorney for Terry Rivera on behalf of her son, didn't submit documentation verifying his authority to represent the Rivera family or verifying Terry Rivera's authority to represent her son's estate.

Peacock was unavailable for comment Wednesday, but he said earlier this week that his firm is finishing work on a federal lawsuit he intends to file soon on behalf of the Riveras.
Terry Rivera said she had not known the reason for the denial. "He's a very good lawyer. I'm just thinking that they are just giving us the runaround," Rivera said.
Tears still creep up on Rivera as she talks about her son. "It's not about the money. It's just about justice and for them to see the tragedy that has happened to this family. We don't want it to happen to anyone else," she said.
Jose Rivera, 22, had worked at U.S. Penitentiary Atwater for 10 months when he was attacked and stabbed to death about a half-hour before the end of his shift while locking down inmates into their cells.
Past record of assaults
In the many months since the attack several disturbing details about the case have been unearthed, including that Jose Rivera and other correctional officers at the time did not have access to stab-resistant vests and could not carry nonlethal weapons such as pepper spray or batons.
Jose Rivera was alone, as was policy, with about 100 inmates. His suspected attackers, James Leon Guerrero and Joseph Cabrera Sablan, were drunk at the time, according to investigators.
Both suspects had previous records of assaulting correctional officers. The men knew each other, and when Guerrero was transferred to the Atwater penitentiary the day before the attack, one official warned that the two should not be in the same unit.
According to an FBI investigation, that official was told by a co-worker to put Guerrero with Sablan instead of in a higher-security unit.
When Jose Rivera triggered his body alarm during the attack, several of the first responders did not have keys to get into the unit.
The attackers continued to stab him — a total of 28 times — as staff could not reach him.
Rep. Dennis Cardoza testified before a House subcommittee in 2009 that the warden at the time, Dennis Smith, ignored his attempts to discuss concerns and conditions at the prison before Jose Rivera was killed.
"My son would be here today if he would've had the right tools and if they had the staffing they need," Terry Rivera said tearfully.
Federal prosecutors are seeking the death penalty against Guerrero and Sablan for the killing. A routine evidentiary hearing in the criminal case is set for Monday at the U.S. District Court in Fresno.
Coming up on the second anniversary of her son's death, Terry Rivera has hundreds of T-shirts, lapel pins and commemorative coins that honor her son and his service as a correctional officer.
She's selling the items to raise money to create a scholarship fund in his honor. She says she wants to work with Le Grand school officials to create the scholarship, which would be given yearly to a high-performing senior to use for college.



Read more: Mother of slain Atwater prison officer struggles with legal fight - Turlock Recent News - Modbee.com

[Burghco]

Brother in blue, Dont look back im here with you. Always in our hearts. R.I.P.

[dollymadison]

RIP Brother Rivera Murdered two years ago @ USP Atwater. The Bureau has made no changes in lock up procedures, nor increased staffing, despite the tragedy of his death, and two other officer viciously attacked at my facility during lockup.
6-20-08, I got the date mixed up, I am on vaca and didn't look at the calendar

[Freakshow]

I am glad you pointed that out Dolly...What has changed...sad.

[BOP Proud]

RIP, brother Rivera... I pray that it doesn't end up like the murderer of brethren, Scott Williams...EOW 04/03/1997. POS Roy Green 21545-044 has never been tried for this murder!!!

[Tyrtruion]

It was may 12th 2008 that I returned home from an interview with the California Highway Patrol in which they had told me to "Come back next year". I was told by a friend about the BOP and how to apply. I made my way to USA jobs and listed on the application #1 Atwater #2 Lompoc #3 Herlong. Herlong called me 2 days later and scheduled everything for that wednesday... everything went well, everything went very fast. My friend recieved a call late one june evening from a friend that worked at Atwater... What terrible news that became.... ...

2 years ago today I had yet to start behind this fence, and I had been eagerly awaiting that call with my EOD... 2 years ago i went to bed excited, knowing that any day now I would be starting my life in the BOP with all that it had to offer... 2 years ago I went to bed for the last time ignorant about what exactly this job intails.

At about 9:30 pm on June 20 2008... I learned that Officers were not routinely issued stab vests. That Officers did not carry batons, or OC. That the BOP didnt have a "buddy system" where no single officer was alone at any given time... I learned what the BOP defines as immediate, is 3-5 minutes in the real world...

by policy, OC spray and other less lethal weapons are to be stored in control or other areas for use in a situation that requires an "immediate" response.
behind a locked door, that once is closed
allows the electric door to be opened
to a sally port entrance, that once is closed
opens the sally port exit
75 yards to our compound slider
200 yards to any of the 3 housing units we have
"hopefully that door is unlocked"
to your emergency... What is your definition of immediate?

It may not have worked, but if Rivera had a stab proof vest, I like his chances.
It may not have been effective, but if Rivera had OC spray, I like his chances.
It may not have stopped anything, but if after a failed first stabbing to the torso, a burst of OC to the face, a head butt to your assailant, running down the stairs to take a defensive stance against your 2 assailants with your baton draw...
I would have liked to have the chance to meet Officer Rivera.

but instead... I have only to shake my head each time I see the administration explain something away with the all too common phrase:

"We continue to review other aspects of institution opperations and BOP policy and procedures to determine what else we might do to enhance safety and security and address staff concerns, consisten with the mission of the agency".

R.I.P. Officer Jose Rivera... for tomorrow when I arrive to work, I will be shamed that our flag is not at half staff... and so within my heart, for this pay period, I will wear a black ribbon to mourn your loss. brother...

may you drink everlasting from the head of the table in the heaven that is Valhala... for you fought the good fight sir.