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Rodolfo "Rudy" Cardenas
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| "Who will watch those hardened criminals? "Worser criminals!" |
| [Prison Legal News; November 2003; p.12] |
2. On April 11, 2002, El Dorado County Jail guard Charles David Copeland
was acquitted in the beating of prisoner Eric Quinn Beeghley, 44. Illinois
authorities claimed Copeland punched and kicked Beegley numerous times.
[Prison Legal News; Nov. 2002] Guard Gayla Wilbur testified that she saw
Copeland slam Beeghley against a cell wall, bounce him off a bunk bed ladder
and punch him "two or three times," and kick him "five or six times" even though
he wasn't resisting.
was acquitted in the beating of prisoner Eric Quinn Beeghley, 44. Illinois
authorities claimed Copeland punched and kicked Beegley numerous times.
[Prison Legal News; Nov. 2002] Guard Gayla Wilbur testified that she saw
Copeland slam Beeghley against a cell wall, bounce him off a bunk bed ladder
and punch him "two or three times," and kick him "five or six times" even though
he wasn't resisting.
| [Prison Legal News; November 2003; p. 12] |
3. Jo Ann Johnson, a diabetic, arrested in April 4, 1999, on drug charges,
was refused permission to take with her to jail her insulin. The jail failed to
administer her insulin a few days later and she contracted a diabetic attack and
died.
was refused permission to take with her to jail her insulin. The jail failed to
administer her insulin a few days later and she contracted a diabetic attack and
died.
| [Orleans Parish Prison, Louisiana] |
4. A 47 year-old man died from a fatal injury he received while in the custody
of the Novato, California, police.
Cary James Grime had been arrested on suspicion of public intoxication.
Grime was hospitalized after developing "breathing problems" at the jail. He
had no indications of serious health problems when he was arrested. Family
members said Cary never regained consciousness and showed signs of a
severe beating - including a broken nose, organ damage and severe genital
bruising. His brother Luther said, "There was no pulse," when Cary was taken
to the hospital. The hospital refused to comment.
The police claimed that Cary had been drinking excessively that night and was
put into a "safety cell" for a cooling down period. They say at that point Grimes
developed breathing problems and fell unconscious. Grimes's family claimed
the victim had no adult history of respiratory problems and Luther said the
hospital told him that Cary's blood-alcohol level was .03 percent, well under the
legal driving limit in California.
Back in 1997, another man had died while in Novato police custody after being
subdued with pepper spray.
of the Novato, California, police.
Cary James Grime had been arrested on suspicion of public intoxication.
Grime was hospitalized after developing "breathing problems" at the jail. He
had no indications of serious health problems when he was arrested. Family
members said Cary never regained consciousness and showed signs of a
severe beating - including a broken nose, organ damage and severe genital
bruising. His brother Luther said, "There was no pulse," when Cary was taken
to the hospital. The hospital refused to comment.
The police claimed that Cary had been drinking excessively that night and was
put into a "safety cell" for a cooling down period. They say at that point Grimes
developed breathing problems and fell unconscious. Grimes's family claimed
the victim had no adult history of respiratory problems and Luther said the
hospital told him that Cary's blood-alcohol level was .03 percent, well under the
legal driving limit in California.
Back in 1997, another man had died while in Novato police custody after being
subdued with pepper spray.
| [Marin Independent Journal; August 20, 2003; p. A1; A9] |
5. Five Sioux City, Iowa, guards from the Woodward County Jail were fired
after surveillance video of the jail showed them kicking, punching, and
slamming prisoner Benjamin Freenor's head into a counter while booking him.
after surveillance video of the jail showed them kicking, punching, and
slamming prisoner Benjamin Freenor's head into a counter while booking him.
| [Prison Legal News; March 2003; p. 7] |
6. Lonzo McShan, 25, a guard at the Walls State Prison in Huntsville, Texas,
was arrested in August 2002 for forcing male prisoners to perform oral sex on
him.
was arrested in August 2002 for forcing male prisoners to perform oral sex on
him.
| [Prison Legal News; March 2003; p. 10] |
7. Michael Chaney, a guard at the O.L. Luther State Prison in the southern
Texas town of Navaspta, was arrested in May 2002 and charged with forcing
male prisoners to perform oral sex.
Texas town of Navaspta, was arrested in May 2002 and charged with forcing
male prisoners to perform oral sex.
| [Prison Legal News; March 2003; p. 10] |
8. Orange County sheriff's deputy Jerome Preston, 47, pepper sprayed 35
jail prisoners on March 5, 2003, after they refused to disclose who had spat on
his driver's seat. Preston was charged with a misdemeanor.
jail prisoners on March 5, 2003, after they refused to disclose who had spat on
his driver's seat. Preston was charged with a misdemeanor.
| [Prison Legal News; July 2003; p. 34] |
9. May 9, 2003, San Mateo county judge Jonathan Karesh dismissed a jury
verdict finding San Francisco county jail deputy Richard Segovia, 31, guilty of
misdemeanor assault for attacking prisoner George Varela with a
broomstick. The judge was a former county prosecutor.
verdict finding San Francisco county jail deputy Richard Segovia, 31, guilty of
misdemeanor assault for attacking prisoner George Varela with a
broomstick. The judge was a former county prosecutor.
| [Prison Legal News; July 2003; p. 34] |
10. Two New York City police officers were convicted of assault and torture
for shoving a police baton up the ass of a Haitian immigrant detainee at the
police station in 1997. Officer Justin Volpe pled guilty to 6 federal charges.
Officer Charles Schwarz was found guilty of one charge. 3 other officers were
acquitted.
for shoving a police baton up the ass of a Haitian immigrant detainee at the
police station in 1997. Officer Justin Volpe pled guilty to 6 federal charges.
Officer Charles Schwarz was found guilty of one charge. 3 other officers were
acquitted.
11. Investigating abuses by federal prison guards in New York against
illegal immigrants after the Sept. 11 attacks, Inspector General Glenn Fine
reported that "guards slammed inmates against the walls, dragged them by
their arms, stepped on the chains between their ankle cuffs, and made slurs
and threats such as, 'you will feel pain’ and 'you're going to die here,'" Fine told
a Senate Judiciary Committee.
illegal immigrants after the Sept. 11 attacks, Inspector General Glenn Fine
reported that "guards slammed inmates against the walls, dragged them by
their arms, stepped on the chains between their ankle cuffs, and made slurs
and threats such as, 'you will feel pain’ and 'you're going to die here,'" Fine told
a Senate Judiciary Committee.
| [Marin Independent Journal; June 26, 2003; p. A3] |
12. CYA or "juvenile hall" was another infamous site of police brutality on
January 20, 2004. A surveillance camera recorded several "counselors" as they
beat two inmates (wards) savagely. Six employees of the N.A. Chaderjian Youth
Facility in Stockton, Calif. were suspended pending an investigation. "One
counselor is shown kicking a handcuffed ward in the head, while another
punches a ward in the face more than 20 times after the ward was shot three
times with pepper spray..."
January 20, 2004. A surveillance camera recorded several "counselors" as they
beat two inmates (wards) savagely. Six employees of the N.A. Chaderjian Youth
Facility in Stockton, Calif. were suspended pending an investigation. "One
counselor is shown kicking a handcuffed ward in the head, while another
punches a ward in the face more than 20 times after the ward was shot three
times with pepper spray..."
The video hurts to watch. One adult is seen straddling one young man as he lay
face down, and recoiling his fist far back to get the most impact. This, he does 28
times, connecting with the victim's head and face area. It is a wonder the young
man did not die. Nowhere in the video are the two victims seen striking back or
even resisting.
Despite the undisputed violations of assault, the district attorney said he would not
prosecute. "We're not filing anything," said DA Jim Willett. Although the video does
not show it, Youth Authority Director Walter Allen said the wards "had assaulted the
employees." The beating was described as an "altercation" and a "mutual fight."
face down, and recoiling his fist far back to get the most impact. This, he does 28
times, connecting with the victim's head and face area. It is a wonder the young
man did not die. Nowhere in the video are the two victims seen striking back or
even resisting.
Despite the undisputed violations of assault, the district attorney said he would not
prosecute. "We're not filing anything," said DA Jim Willett. Although the video does
not show it, Youth Authority Director Walter Allen said the wards "had assaulted the
employees." The beating was described as an "altercation" and a "mutual fight."
- "[W]e don't believe there was a reasonable likelihood that anyone would
convict (the employees)."
| -CYA Director Walter Allen |
With the advent of the drug laws and the expansion of law enforcement authority to
investigate those suspected of drug activity, the police have become excessive in
their methods. And remember, these are people that are armed. Too often, we
have witnessed either personally or by video, police gang-banging a lone suspect.
Too often, a suspect is beaten or shot.
On February 17, 2004, five drug agents in San Jose, California, were staking out a
house waiting for a parole violator who was previously convicted of a drug offense.
When a van drove up and then sped away, the agents took chase thinking the
driver was their suspect. The fleeing man, Rodolfo "Rudy" Cardenas, 43, finally
exited the van and ran when he was shot in the back by Bureau of Narcotics
Enforcement agent Mike Walker. Walker told investigators he thought Cardenas
was pulling a weapon. He wasn't.
investigate those suspected of drug activity, the police have become excessive in
their methods. And remember, these are people that are armed. Too often, we
have witnessed either personally or by video, police gang-banging a lone suspect.
Too often, a suspect is beaten or shot.
On February 17, 2004, five drug agents in San Jose, California, were staking out a
house waiting for a parole violator who was previously convicted of a drug offense.
When a van drove up and then sped away, the agents took chase thinking the
driver was their suspect. The fleeing man, Rodolfo "Rudy" Cardenas, 43, finally
exited the van and ran when he was shot in the back by Bureau of Narcotics
Enforcement agent Mike Walker. Walker told investigators he thought Cardenas
was pulling a weapon. He wasn't.
| [San Francisco Chronicle; July 21, 2004; p. B4] |
The added atrocity of this incident was that the police claimed they had "shot the
wrong man." Rudy was not the parole violator they were looking for. But this
incident describes the police mentality and the public's conception of drug
offenders. If the incident can be expressed as "the wrong man got shot," rather
than "a man was murdered by the police," it is due to the reason that IF the man
was the drug suspect, he would have been the RIGHT man? NO! Do not accept
this reasoning. In fact, this particular article on the incident was more interested in
the issue of the chase rather than the shooting. The article, entitled: "Police say
agents' parole chase was against city policy," discussed the propriety of whether it
was right for the agents to chase Rudy as it is the policy of San Jose to only
conduct high-speed chases to capture dangerous criminals.
Are drug users and past drug users so dispensable to this country that a
newspaper could publish a report with the purported assumption that its
readership would be interested that the wrong man was shot? This paper is
widely circulated and it could be assumed they know their readers. Add to that the
response from the police, that they shot the wrong man, and one gets a certain
idea of the sentiment of the people. I do not subscribe to this type of police state.
On July 22, 2004, drug agent Mike Walker told a grand jury that Rudy had turned
around and pointed a gun at him. [San Francisco Chronicle; July 23, 2004; p. B4]
That is how easy the police feel they can lie. No weapon was found, so how could
the G-thug see a gun? Walker's supervisor, Steven Davies, reported that Walker
had told him that Rudy had NOT pointed a gun at him and that he (Walker) had
shot Rudy in the back as he was running away. (id.)
wrong man." Rudy was not the parole violator they were looking for. But this
incident describes the police mentality and the public's conception of drug
offenders. If the incident can be expressed as "the wrong man got shot," rather
than "a man was murdered by the police," it is due to the reason that IF the man
was the drug suspect, he would have been the RIGHT man? NO! Do not accept
this reasoning. In fact, this particular article on the incident was more interested in
the issue of the chase rather than the shooting. The article, entitled: "Police say
agents' parole chase was against city policy," discussed the propriety of whether it
was right for the agents to chase Rudy as it is the policy of San Jose to only
conduct high-speed chases to capture dangerous criminals.
Are drug users and past drug users so dispensable to this country that a
newspaper could publish a report with the purported assumption that its
readership would be interested that the wrong man was shot? This paper is
widely circulated and it could be assumed they know their readers. Add to that the
response from the police, that they shot the wrong man, and one gets a certain
idea of the sentiment of the people. I do not subscribe to this type of police state.
On July 22, 2004, drug agent Mike Walker told a grand jury that Rudy had turned
around and pointed a gun at him. [San Francisco Chronicle; July 23, 2004; p. B4]
That is how easy the police feel they can lie. No weapon was found, so how could
the G-thug see a gun? Walker's supervisor, Steven Davies, reported that Walker
had told him that Rudy had NOT pointed a gun at him and that he (Walker) had
shot Rudy in the back as he was running away. (id.)
- "Rudy actually had his back toward Mike when he
discharged the rounds."
| -Steven Davies |
This is what Walker had told Davies right after the incident. But when he went on
the stand he said: "I know what I saw. The man pointed a weapon at me and I shot
him." The news article says that Walker "repeatedly contradicted himself during
three hours of testimony." (id.) "At one point, Walker said Cardenas never raised
and pointed the gun, then insisted he had." (id.)
Three witnesses testified that they did not see anything in Rudy's hands. Dorothy
Duckett, a 79 year-old local resident, said she heard shots and looked out her
window and heard Rudy say: "Don't shoot me. You already shot me," as he raised
his empty hands in the air in a sign of surrender. [San Francisco Chronicle; July
27, 2004; p. B4] Monica Zerman, an employee at a nearby law firm said she never
saw anything in Rudy's hands either. (id.) And Francis Kolbo, a retiree living near
the scene, said she saw Cardenas clearly, his hands were open and empty. (id.)
David Gonzalez, the right man they were looking for, was described by his parole
agent as "just felony stupid" for chronically failing to check in with him as required
and a non-threatening person. (id.) But to the police, Gonzalez was "presumed
armed and dangerous." (id.) The police were on the hunt and as they chased Rudy
in reckless abandon in a wild chase through downtown San Jose, their adrenalin,
no doubt, kicked in.
the stand he said: "I know what I saw. The man pointed a weapon at me and I shot
him." The news article says that Walker "repeatedly contradicted himself during
three hours of testimony." (id.) "At one point, Walker said Cardenas never raised
and pointed the gun, then insisted he had." (id.)
Three witnesses testified that they did not see anything in Rudy's hands. Dorothy
Duckett, a 79 year-old local resident, said she heard shots and looked out her
window and heard Rudy say: "Don't shoot me. You already shot me," as he raised
his empty hands in the air in a sign of surrender. [San Francisco Chronicle; July
27, 2004; p. B4] Monica Zerman, an employee at a nearby law firm said she never
saw anything in Rudy's hands either. (id.) And Francis Kolbo, a retiree living near
the scene, said she saw Cardenas clearly, his hands were open and empty. (id.)
David Gonzalez, the right man they were looking for, was described by his parole
agent as "just felony stupid" for chronically failing to check in with him as required
and a non-threatening person. (id.) But to the police, Gonzalez was "presumed
armed and dangerous." (id.) The police were on the hunt and as they chased Rudy
in reckless abandon in a wild chase through downtown San Jose, their adrenalin,
no doubt, kicked in.
| [What might have happened was, the police thought they were chasing a felon who had violated parole. A felon who they knew was a drug offender. As the suspect was running, the police surmised he was involved with drugs again. After Rudy stopped the van he jumped out and ran. Walker, right behind him was unable to catch Rudy. And when Rudy jumped a 6-foot chain-link fence, Walker knew he was going to lose him, so he fired his weapon in an attempt to stop him. During the chase, Walker may have built up a personal and additional anger towards Rudy as he witnessed the reckless manner he was trying to get away. And when the moment came that it looked like Rudy would get away, Walker made a snap judgment - he shot - five times through the fence. Although many people would probably have felt the same anger as Walker, the incident must be put into perspective. The man Walker was chasing was not guilty of anything except running. And if he had turned out to be Gonzalez, well, Gonzalez was not guilty of any crime either; he had just failed to report to his parole agent. Although Walker did not say this, he probably thought Rudy possessed drugs and that, along with his failure to stop, infuriated Walker. Additionally, the suspect the police was looking for, and thought they were chasing, was on parole and that makes him an automatic enemy of the police. Now, even though I spent over ten years of my life in prison and have been on parole, I do want the police to pay special attention to parolees as many guys I have met in prison never did change - they were mean when I met them IN prison! But this just tells us that classifying a drug offender as a Felon puts this group in with a much wilder class. And that, dear reader, is the problem. Drug users are not "Felons," they should not be so considered. To shoot someone in the back because at one time they used drugs is as wrong as can be. And people have to recognize this or drug users will continue to be treated as dangerous felons. –dm] |
| "To shoot someone in the back because at one time they used drugs is as wrong as can be." |
This guy was caught smoking crack on the steps. Notice
how the officer points his gun at the kid’s head.
how the officer points his gun at the kid’s head.
San Quentin State Prison. California's only prison authorized to put inmates to death. It was first established
in 1852 by manner of a prison ship which later was expanded, using prison labor, of course. Today it houses
over 6,000 inmates from those on deathrow to those in for parole violations.
in 1852 by manner of a prison ship which later was expanded, using prison labor, of course. Today it houses
over 6,000 inmates from those on deathrow to those in for parole violations.
San Quentin Prison
(satellite photo; 2004)
(satellite photo; 2004)
Considered to cover some of the most choice real estate in the San Francisco Bay Area, many
developers are constantly trying to obtain the land. But the prison will have none of that. In fact it is
planning on building a new deathrow section on the property.
developers are constantly trying to obtain the land. But the prison will have none of that. In fact it is
planning on building a new deathrow section on the property.
San Quentin circa 1930. The area below and around Tower 1 is now a parking lot.
San Quentin Prison 1998. Tower 1. The tallest building behind the Tower is North Block. The top sixth floor
is reserved for those sentenced to death. Called "Condemned Row" it is actually the preferred section for
deathrow inmates. To the left and slightly smaller, is South Block, which houses more deathrow and rowdy
types. The fancy castle-style building to the right is Administration.
is reserved for those sentenced to death. Called "Condemned Row" it is actually the preferred section for
deathrow inmates. To the left and slightly smaller, is South Block, which houses more deathrow and rowdy
types. The fancy castle-style building to the right is Administration.
Entrance to Condemned
Row. Each inmate is
chained and shackled
whenever they leave
their cell. They used to
call out: "Dead man
walking," but now they
simply shout: "Escort!"
Row. Each inmate is
chained and shackled
whenever they leave
their cell. They used to
call out: "Dead man
walking," but now they
simply shout: "Escort!"
JAIL and PRISON GUARDS -
Sgt. Patricia Pultz and deputies Lawrence Koscianski and William Spatz of the
Cook County, Illinois, sheriff's department were acquitted on March 12, 2002, for
the murder of Louis Schmude on May 7, 2000.
On May 5, 2000, Schmude had been beaten by the guards in a holding cell at
the Bridgeway courthouse. Defense lawyers for the guards claimed Schmude
died from a fall he suffered in the jail infirmary, where he was transferred after
the May 5th beating.
Deputy medical examiner Mitra Kalelkar, who supervised the autopsy, testified
that Schmude's death was a direct result of the beating he received May 5th.
Judge Ronald Himel disregarded Kalelkar's testimony and took only four
minutes to acquit the guards.
Cook County, Illinois, sheriff's department were acquitted on March 12, 2002, for
the murder of Louis Schmude on May 7, 2000.
On May 5, 2000, Schmude had been beaten by the guards in a holding cell at
the Bridgeway courthouse. Defense lawyers for the guards claimed Schmude
died from a fall he suffered in the jail infirmary, where he was transferred after
the May 5th beating.
Deputy medical examiner Mitra Kalelkar, who supervised the autopsy, testified
that Schmude's death was a direct result of the beating he received May 5th.
Judge Ronald Himel disregarded Kalelkar's testimony and took only four
minutes to acquit the guards.