Worker at U.S. Penitentiary Atwater predicted trouble day before deadly attack

[GS8]

A manager at U.S. Penitentiary Atwater predicted that someone would be killed if the two inmates accused of murdering correctional officer Jose Rivera were allowed to live near each other, according to a newly released FBI report. Even so, the inmates were placed in the same housing unit, the report says.

Rivera, a 22-year-old Navy veteran, was stabbed to death by two inmates inside a housing unit at the prison on June 20, 2008.

One of the inmates accused of killing him, James Leon Guerrero, was transferred to USP Atwater for disciplinary reasons the day before the murder. According to the FBI report, which was released this week by an attorney representing Rivera's family, a housing unit manager at the prison warned against placing Guerrero in the same unit as Joseph Cabrera Sablan, the other inmate accused in Rivera's murder.



She told other prison employees they'd "be lucky" if the two were housed together and no one was killed, the report says.

The unit manager, 47-year-old Marie Orozco, decided before Guerrero arrived on June 19 that he should be placed in a cell area known as Unit Two. Later that day, an investigative officer at the prison, Jesse Estrada, approached Orozco and informed her that Guerrero instead would be placed in Unit Five, where Sablan lived, the FBI report says.

"Estrada stated he knew Guerrero from U.S. Penitentiary Florence, that he could be disruptive, but felt he would be fine in unit five," the report says.

Orozco then suggested that Guerrero be placed in a special, more secure housing unit, according to the report. It says Estrada dismissed the idea and told Orozco it would benefit Guerrero to take part in classes and other programs that are denied to inmates living in secured housing.

Orozco told FBI investigators that she responded to Estrada by saying, "OK, if that's what you're going to do. We'll be lucky if he doesn't end up killing somebody before the night is out."

Still, Orozco agreed to place Guerrero in Unit Five with Sablan, the report says. Rivera was stabbed to death inside the unit the next day.

Guerrero and Sablan have been charged with premeditated murder. They've pleaded not guilty.

The Sun-Star has previously reported that Guerrero and Sablan were both from Guam and that they were longtime friends. Both were serving life sentences and both had attacked correctional officers before.

Orozco was recently transferred to another federal prison in Victorville. Reached at work, she said she couldn't comment. Estrada still works at USP Atwater. He couldn't be reached at home or at work. Messages left for him at the penitentiary weren't returned.

Rivera's family has filed a $100 million claim against the Federal Bureau of Prisons, the agency that oversees USP Atwater. Both Orozco and Estrada are named in the claim.

Also named are Dennis Smith, who was USP Atwater's warden at the time of Rivera's death; Harley Lappin, the director of the Bureau of Prisons; Robert McFadden, director of the bureau's western region; and one other USP Atwater employee, identified in the claim only as Officer Ziragosa.

The three-page FBI report, dated July 2, 2008, is based on an investigator's interview with Orozco.

The FBI has declined to release any reports related to Rivera's death. The Rivera family's attorney, Mark Peacock, published the July 2 report on his firm's Web site this week.

"Ms. Orozco predicted exactly what was going to happen and then did nothing to stop it," Peacock said in an interview Tuesday. "Shame on her for giving up so easily ... and shame on (Estrada) for ignoring all the facts here."

Peacock argues that Orozco should have insisted on separating Guerrero and Sablan and appealed to a superior if Estrada continued to disagree. Orozco and Estrada were both considered managers at the time of Rivera's death, with neither one outranking the other, officials at USP Atwater have said.

"The least they could have done was warned Jose Rivera, the poor guy who would be watching these inmates," Peacock said. "But no one did."

According to the FBI report, Orozco later told investigators she was exaggerating when she said the prison would be lucky if Guerrero didn't kill someone.

"Orozco stated that if she really felt Guerrero was that dangerous, and had she really felt like he was absolutely going to injure someone, she would have continued to disagree and taken the matter up with a higher authority," the report says.

In interviews last week, six USP Atwater officers told the Sun-Star that investigative officers at the prison often override unit managers' decisions on cell and unit assignments, as was done in Guerrero's case, even though that practice violates bureau policy.

The officers, who asked not to be named for fear of retaliation by the Bureau of Prisons, said most investigative officers use inmate snitches and that they often afford them extra privileges in exchange for information on other prisoners, including better unit and cell assignments.

Other USP Atwater employees have said that investigative officers sometimes help certain inmates avoid punishment for misbehaving, namely informants and prisoners who are considered "shot-callers" or leaders of inmate gangs.

The officers interviewed last week said the problem has improved somewhat since Rivera's death, with unit assignments now being made in line with policy far more often. "Everyone's more careful now about that stuff," one officer said. "The unit managers aren't being overridden nearly as much."

Rivera had worked at USP Atwater, a high-security prison at the former Castle Air Force Base, for less than a year. A Department of Justice investigation report said Sablan used an ice pick-like weapon -- probably made from parts of a cafeteria dishwasher -- to stab Rivera at least 28 times while Guerrero held him down.

Both inmates were drunk at the time, the report said.

In line with USP Atwater policy, Rivera was alone with more than 100 prisoners when the assault took place. He was wearing no protective equipment and carrying no weapons.

The Department of Justice report said alcohol was widely available to inmates inside USP Atwater and that previous internal investigation had warned of earlier uses of dishwasher parts to assault correctional officers there. It said weapons searches weren't adequate and that the prison had failed to stop inmates from taking dishwasher parts, even though it was known they were being used to make shives.

The report also said no one else working near Rivera had keys to the housing unit where he was killed, which prevented the earliest responders from reaching and helping him.

The USP Atwater officers interviewed last week said the key issue has since been resolved and that the prison now takes steps to prevent inmates from removing parts from the dishwasher. They said USP Atwater's new warden, Hector Rios Jr., has reduced the availability of sugary foods inside the prison in an attempt to decrease inmates' ability to make and sell alcohol.

Still, the officers said, alcohol use among prisoners remains a widespread problem, as does inmate-made weaponry.

The officers said the Bureau of Prisons began increasing the inmate population at USP Atwater in May. The number of inmates there was decreased from 1,100 to roughly 900 soon after Rivera's death. The Bureau of Prisons also transferred out many of its high-risk inmates last year.

The officers said USP Atwater began taking on high-risk inmates again last month and that its current population is now higher than it was before Rivera's death. Since then, the prison has experienced an increase in fights and assaults, the officers said.

Besides replacing USP Atwater's warden after Rivera's death, the Bureau of Prisons has begun supplying stab-resistant vests to employees who want them. The officers said some of the vests are already falling apart because they are of low quality.

"We have some guys holding their vests together with duct tape," one officer said. Another said some new hires have waited more than six months to receive vests.

Phone messages and requests for comment e-mailed to the Bureau of Prisons weren't returned.

Officials with USP Atwater declined to answer questions by phone but spokesman Jesse Gonzalez said in an e-mail that the number of assaults at the prison has decreased in the first half of 2009 compared with the last half of 2008. He said USP Atwater also has recorded fewer incidents of alcohol and weapons possession among inmates.

He said prison officials have not been made aware of any problems with the stab-resistant vests and that USP Atwater's new warden, Rios, has taken a number of steps to improve safety. He has ordered more training for staff and new restrictions on inmate movement, increased the accessibility of the prison's executive staff, boosted searches for weapons and added regular staff intelligence briefings to the prison's routine, Gonzalez said.

The third of five children, Rivera lived in Chowchilla and graduated from Le Grand High School in 2003. He enlisted in the U.S. Navy shortly after and served four years in the military, including two tours in Iraq.

Guerrero and Sablan are scheduled for trial in September 2010. They could face the death penalty if they're convicted.

Reporter Corinne Reilly can be reached at (209)385-2477 or creilly@mercedsun-star.com.

[Crosstimbers Okie]

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Worker at U.S. Penitentiary Atwater predicted trouble day before deadly attack - Local - Merced Sun-Star

[BlackJack]

I hope the C/O's family wins their lawsuit! This was something that could've been prevented and personnel shifts aren't going to cut it. It still sounds like the BOP is being lax in providing the proper protective gear as well as its security policies. No disrespect to all of you who work hard for your coin in the BOP. God bless & good luck to you all with this crap going on!

[HACKINIT]

I don't believe the part about less assaults and less intoxicated inmates. I believe they are not reporting everything that happens, they cover it up I'll bet.

[nycco]

This is my first post and the first thing I need to say is my condolences to Officer Rivera's family.

This is yet another disgusting example of how jail works. Many times I have seen superiors or other personnel transfer known violent inmates into housing areas regardless of classification or history and dump them into a housing area and tell the officer behind the gate nothing. Knowing full well that he is a ticking time bomb waiting to happen.

[BOP5150]

[QUOTE=GS8;101570]Orozco was recently transferred to another federal prison in Victorville. Reached at work, she said she couldn't comment. [QUOTE]

Now how did that call get passed the front lobby? It didn't, they called her directly. So how did they get her extension? It must have been staff who gave it to them, but whom? That's ticks me off.....

[HACKINIT]

[quote=BOP5150;101819][QUOTE=GS8;101570]Orozco was recently transferred to another federal prison in Victorville. Reached at work, she said she couldn't comment.

Now how did that call get passed the front lobby? It didn't, they called her directly. So how did they get her extension? It must have been staff who gave it to them, but whom? That's ticks me off.....

If they said it wasn't in reference to an inmate why wouldn't the call get through??

[Greywalker1]

If I call your unit, they ask :Is this call in reference to an inmate?" As per policy. When I say "No, I just need to speak to (staff member X), my name is Joe Schmoe." the officer taking the call says "Ok, please hold." and I am either transferred or (staff member X) is notified of a call not pertaining to an inmate on line 3. All within BOP policy, and normal operations for many, many units. No one had to pass on her name, or give her direct extension # to anyone.

[BOP5150]

It didn't come in that way...

[GS8]

Originally Posted by BOP5150

It didn't come in that way...

Are you sure it didn't come in that way? Also her information is available through a Foia Reqeust. I could get anything about any officer or staff member through a FOIA Request. Then match that up with a phone book and the numerous online services that are out there I can have every place you lived, to current. I can have all your Husbands info, your kids regardless of age etc. It isn't hard to get information in todays world, if you know how to go about doing it.