Grand Jury recommends arrest of former Fayette County Prison guard
Charges were filed Tuesday against a former Fayette County Prison guard for allegedly using excessive force on an inmate after a cell extraction.
Robert John Michael Jr., 39, of Point Marion, allegedly hit and stomped an inmate after he had been cuffed, shackled and maced.
The 37th Statewide Investigating Grand Jury heard testimony and reviewed video evidence Oct. 21 before recommending Michael’s arrest, according to a criminal complaint.
He allegedly assaulted the inmate, William Russell, on March 20 after he was removed from his cell.
Authorities said incident was caught on video.
Fayette County Chief Clerk Amy Revak said Michael was fired on May 27. Michael was hired in March 2010 as a part-time officer at the prison, and in September 2011, he was promoted to a full-time position, Revak said.
Other prison officials who were with Michael at the time, and Uniontown City Police Lt. Tom Kolencik testified before the grand jury, the complaint said.
Kolencik is a former guard at the Fayette County Prison.
He testified cell extractions are ordered when inmates refuse to leave their cells, according to the complaint. When a cell extraction is ordered, corrections officers physically remove the inmate.
Russell allegedly became combative, so officers used mace on him and took him down the steps to the medical unit.
Between Russell’s cell and the medical unit, Michael allegedly punched the cuffed and shackled inmate in the stomach, knocking him to the ground. While Russell was on the ground, the officer allegedly stomped on him.
Kolencik testified that the prison’s use-of-force policy states that force should only be used for protection, not for punishment or revenge.
He said that in his experience, “very minimal force” should be used when transporting someone who is cuffed, shackled and maced.
Records indicate Michael was trained in use of force in January, according to the complaint.
Fayette County Prison Deputy Warden Michael Zavada issued a report, read before the grand jury. It said Michael used hammer fist strikes and foot strikes on areas that were not approved striking areas.
Russell issued two statements, which Kolencik read to the grand jury.
“While one hand was handcuffed and the other CO had a hold of my other hand, they continuously kicked me in different parts of my body, especially my head,” he wrote. “They punched me and were throwing me from wall to wall.”
He said the officers dragged him down the steps.
Another corrections officer, Michael DeWitt, wrote a statement saying he saw Michael punch the inmate in the stomach once.
Guard Thomas Hoffman testified he extracted Russell with Michael, and saw Michael strike the inmate, who fell into a room. Hoffman also testified he saw Michael stomp on Russell while he was on the ground. He testified he pushed Michael off the inmate.
Hoffman testified there was “nothing in his training or experience that would have warranted a stomp to Russell while he was on the ground.”
The 37th Statewide Investigating Grand Jury was convened by a Sept. 23, 2013 order the state Supreme Court, to meet in Allegheny County. Earlier this year, the same grand jury recommended charges against former Harrisburg mayor Stephen Reed, alleging he used public money to buy hundreds of artifacts for a planned Wild West museum and other historical attractions.
Reed, who served 28 years in office, obtained the money for the purchases by secretly diverting funds borrowed by municipal agencies and other entities for other purposes as the debt-laden city was careening toward bankruptcy, prosecutors said.
Michael was arraigned before Magisterial District Judge Michael Metros Monday afternoon and released on a $25,000 unsecured bond. He is facing charges of official oppression, simple assault and reckless endangerment.
A preliminary hearing is scheduled for Nov. 18.
The Associated Press contributed to this report.