By Jenny Michael
The Bismarck Tribune
BURLEIGH COUNTY, N.D. — An officer in the Burleigh County Sheriff’s Department has been suspended with pay pending the outcome of an investigation into whether an inmate was assaulted on his way into the Burleigh County Detention Center.
Carlos Mendez Jr., who is in jail in lieu of bond on charges of assault on a peace officer and contact by bodily fluids, has alleged he was assaulted by officers on his way into the detention center on March 27. Mendez is accused of kicking and spitting on a Bismarck Police Department officer on March 27. He also faces a probation revocation in a 2006 aggravated assault case.
Burleigh County Sheriff Pat Heinert said an officer has been suspended with pay while the investigaiton continues. The state Bureau of Criminal Investigation has turned a criminal investigation in the matter over to the Burleigh County State’s Attorney’s Office, and State’s Attorney Richard Riha turned it over to the Morton County State’s Attorney’s Office to avoid conflicts in investigating county employees. Morton County Assistant State’s Attorney Brian Grosinger said the case is under review and there is no timeline for completion of the review.
An internal affairs investigation also is ongoing in the matter, Heinert said.
Bismarck Police Lt. Randy Ziegler said a citizen complaint of officer misconduct has been filed against two Bismarck police officers, and he is conducting an internal investigation.
The officers have not been removed from duty, and Ziegler does not anticipate the matter will turn into a criminal investigation.
Mendez’ girlfriend, Brianna Diede, said Mendez told her the two Bismarck police officers and a guard at the sheriff’s department threw him into an elevator at the detention center, kneed him in the groin and shoved his head into the corner.
He told Diede the three continued to beat him when they got him to a detoxification cell.
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