By Paul Peirce
Tribune-Review
GREENSBURG, Pa. — A former Fayette County Prison guard was charged this week by the state Attorney General’s Office with using excessive force to remove an uncooperative inmate from his cell.
Robert John Michael Jr., 39, of Point Marion, allegedly punched and stomped inmate William Russell, 21, of Uniontown, after he had been handcuffed, shackled and Maced on March 20, according to a state grand jury. He was charged Monday with official oppression, simple assault and reckless endangerment.
Russell was being held in the jail following his March 7 arrest by state police in Uniontown for simple assault, criminal mischief, harassment and public drunkenness.
Michael allegedly assaulted Russell as he was forcibly removed from his cell, according to the grand jury. Authorities said the assault was caught on video.
The attorney general’s office reported Michael, who was hired by the county in 2010, was fired in May.
Prison employees and Uniontown City Police Lt. Tom Kolencik, a former prison guard, testified before the grand jury. Kolencik told the grand jury Russell refused to leave his cell to go to the medical unit for an unspecified reason.
“Due to combative behavior, Russell was sprayed with Mace while he was being extracted from his cell,” the grand jury report said.
On the trip from his cell to the medical unit, the grand jury alleges, Michael punched Russell in the stomach, knocking him to the ground. While Russell was on the ground, Michael stomped on him, the grand jury said.
The grand jury report said Kolencik testified as jurors watched video of Russell being removed from the cell.
Kolencik testified that prison policy states that force should only be used for protection, “not used as a means for punishment or revenge,” the report said. He told grand jurors that “very minimal force” should be used when transporting someone who is cuffed, shackled, and has been Maced.
Grand jurors heard testimony that Michael had received mandatory annual training on Jan. 21 regarding inmate discipline and use of force. Deputy Warden Michael Zavada’s report on the incident also was given to the grand jury.
“During the cell extraction and escort to the medical unit (Michael) was observed using hammer-fist strikes to the abdomen and rib area of the subject inmate,” Zavada said in the report, adding that the blows violated prison and Department of Corrections training policy.
Russell issued two statements, which Kolencik read to the grand jury.
“While one hand was handcuffed and the other (corrections officer) had a hold of my other hand, they continuously kicked me in different parts of my body, especially my head,” Russell said in his statement. “They punched me and were throwing me from wall to wall.”
He said the officers dragged him down the steps, according to the grand jury report. Two other corrections officers testified that they saw Michael hit and stomp the inmate.
After testimony was finished on Oct. 21, the grand jury recommended charges be filed against Michaels, according to a criminal complaint.
Michael was arraigned before Uniontown District Judge Michael Metros and released on a $25,000 unsecured bond. A preliminary hearing is scheduled for Nov. 18 before Metros.