Luzerne County prison correctional officers are expected to start carrying pepper spray next week as a subduing option when inmates become confrontational and aggressive, officials said.
The change stems largely from the July 18 deaths of correctional officer Kristopher D. Moules and inmate Timothy Darnell Gilliam Jr. at the Water Street prison in Wilkes-Barre, county Correctional Services Division Head Mark Rockovich said Thursday.
“I’ve been thinking about this for awhile,” Rockovich said in reference to the non-lethal oleoresin capsicum aerosol, also called O.C. and pepper spray.
According to investigators, Gilliam had started a heated discussion with Moules because the inmate was upset he had to walk up a flight of stairs instead of riding in the elevator after exercising. The encounter turned physical when Moules attempted to handcuff the inmate, investigators said. Gilliam pulled Moules backward toward the fifth-floor elevator and hit the elevator door, which swung out at the base, resulting in both men falling 59 feet and 1 inch down an elevator shaft to their deaths, they said.
County District Attorney Stefanie Salavantis had concluded Moules responded appropriately by asking Gilliam to step away from the 37 other inmates on the block to attempt to resolve the grievance and prevent the situation from escalating
Rockovich, a veteran county prison worker who became prison overseer the day of the deaths, said the arming of officers with pepper spray required months of planning and review.
Policies and procedures were developed to ensure officers understand when it’s acceptable to deploy the spray, how to ensure it is not grabbed by inmates and what decontamination measures are necessary after the spray is used.
The spray typically hits others in the vicinity when it is activated, Rockovich said.
Officers must turn in the cans before they leave the prison, and the inventory will be securely stored and monitored, he said.
“There must be strict accountability of the cans,” Rockovich said. “There are a lot of things that go into this.”
The implementation date will hinge on when the prison secures signed forms from all officers acknowledging their understanding of the new policies and procedures, Rockovich said.
Usage of pepper spray also must be documented. State law requires county prisons to report the number of times force and restraints are used beyond the routine moving, escorting and transport of inmates. The Eighth Amendment’s ban on “cruel and unusual punishment” has been legally interpreted to allow excessive force when necessary in a good-faith effort to keep or restore discipline.
Until the county correctional officers can carry their own pepper spray, they may have access to cans kept inside locked prison control booths if time allows, Rockovich said. County officials announced the spray was added to control booths in December.
Prison officials have said the general public may not realize most county inmates are allowed to spend the majority of their waking hours outside their cells on their block because the prison generally can’t keep them on restricted lockup unless they’ve engaged in misconduct.
Segregated sections are set up for certain inmates who can’t be around the general population, including sex offenders, juveniles sentenced as adults, inmates on suicide or mental health watch and those who were abused or injured by other inmates.
The arming of correctional officers with pepper spray follows a state and national trend, Rockovich said.
The 2013 death of corrections officer and Nanticoke native Eric Williams inside the U.S. Penitentiary Canaan in Wayne County sparked the passage last year of a federal law named after Williams that allows federal corrections officers to carry pepper spray. Prosecutors alleged that convicted killer Jessie Con-ui kicked Williams down a flight of steps, pinned him to the floor and stabbed him over 200 times. Con-ui is awaiting trial.
Pennsylvania Gov. Tom Wolf signed a law in November requiring all state correctional officers be equipped with pepper spray.
In a related development, Luzerne County security guards also recently started carrying pepper spray, expandable batons and handcuffs, said county Sheriff Brian Szumski, who oversees the guards.
Security guards man the entrances and grounds of county buildings, while sheriff deputies provide security inside courtrooms. The sheriff deputies carry guns and are called to assist and “take whatever action is necessary” to handle incidents that arise at all county security posts, officials have said.
Szumski said the guards wrapped up training on the new security devices about two weeks ago.
“We’re providing them with more tools to do their job more effectively,” Szumski said Thursday.
