Guard, ex-guard arrested in 2012 death of Rikers inmate
NEW YORK -- A current and former Rikers Island correction officer were arrested in an inmate's 2012 beating death and a third guard has already pleaded guilty in the case after a federal investigation revealed the guards in the nation's second-largest jail system conspired to lie about what happened, authorities announced Wednesday.
U.S. Attorney Preet Bharara announced the arrests of former guard Brian Coll and current guard Byron Taylor in Ronald Spear's death following a federal investigation that began when New York state authorities decided not to bring charges.
"Rikers inmates, although walled off from the rest of society, are not walled off from the protections of our Constitution," Bharara said at a news conference.
The investigation showed how the guards worked together to thwart investigators who tried to learn how the 52-year-old inmate, who was awaiting trial on a burglary charge, was killed on December 19, 2012, according to a description of the case in a criminal complaint filed in Manhattan federal court.
Coll repeatedly kicked Spear in the head while he was restrained, in view of fellow inmates shouting, "They're kicking him!" and "They're killing him!," according to the criminal complaint written by FBI Agent Vanessa M. Tibbits. Prosecutors say Taylor helped restrain Spear and then lied about his role.
Coll, 45, of Smithtown, was charged with depriving Spear of his rights, obstruction of justice, filing a false report and conspirac,y while Taylor, 31, of Brentwood, was charged with conspiracy and obstruction of justice.
New York City settled a lawsuit last year for $2.75 million stemming from the death. Spear's death was ruled a homicide.
According to the complaint, the alleged assault happened at Rikers' North Infirmary Command, where Spear was housed because he suffered from end-stage renal disease and required regular dialysis. The area where Spear was assaulted didn't have cameras, according to prosecutors.
Spear "was known to complain to medical staff and corrections officers" about the lack of adequate medical care at the facility, according to court documents.
During the early morning hours of Dec. 19, 2012, prosecutors allege Spear and Coll got into a verbal altercation because Spear was demanding to see a doctor.
Coll asked a doctor if he could see Spear, according to documents, and the doctor responded he could see him later. After the postponement, Coll and Spear began arguing, and Coll allegedly punched Spear in the face. Other corrections officers including Taylor responded and restrained Spear, bringing him to the ground, according to the court documents.
Prosecutors say Coll kicked Spear in the head while he was restrained, lying face-down, and "posed no danger" to Coll or the other corrections officers.
They say Coll continued to kick Spear after another corrections officer told Coll to stop and attempted to shield Spears' head from further blows. Coll allegedly told the inmate, "remember that I'm the one who did this to you" before letting go of Spear's head, which struck the prison floor.
According to court documents, Spear suffered severe injuries, including multiple contusions to the skull, and died. The documents allege that Coll and Taylor conspired with one another and others to cover up the assault so that it would appear the use of force was warranted, "and that the death resulting was accidental or could be blamed on the victim himself."
They say Coll filed a false report that Spear attacked Coll with a cane, and allege that Taylor sought to cover up his own involvement in the incident.
They say the two lied in statements to Department of Correction staff and investigators, state and federal prosecutors, and before state and federal grand juries.
Spear's cause of death was determined to be hypertensive cardiovascular disease with "physical altercation including blunt force trauma to the head" and diabetes and contributing factors, according to court documents.
A third defendant related to the case, Anthony Torres, another former corrections officer, pleaded guilty, according to the U.S. District Attorney's Office for the Southern District of New York.
Prosecutors say he made false statements to corrections department investigators and law enforcement officials about Spear's death and filed false reports.
A lawyer for Torres declined to comment while a lawyer for Coll did not immediately return a message seeking comment.
Attorney Samuel Braverman said lawyers "will defend Mr. Taylor vigorously and cross each bridge as we get to it."
New York's 11,000 daily inmate jail system has come under increased scrutiny over the past year after the deaths of two seriously mentally ill inmates at Rikers Island and other problems.
Subsequent investigations by the news media, city investigators and lawmakers have drawn attention to the jails, whose problems Mayor Bill de Blasio has said were decades in the making and will not be fixed overnight.