Florida Department ofCorrections Office ofthe Inspector … · Inmate Donald Bart was lying on his bunk and appeared to be askep. He banged on the wall and called out his name. Inmate

Florida Department of Corrections Office of the Inspector General

Report of Investigation Chester Green, Interim Inspector General

Inspector General Case#: 10-1-10647 Facility: Century Correctional Institution/] 06

Classification of Incident: .Field Office/Region: Tallahassee/Region 1 West

Incident Date: 12/22/2010 Time: 11:20 a.m. Inspector: Robert Calamari

Date of Report: 01120/20 II Case Type: C

Check all that apply:

[8] [8] 0 0

Prison Rape Act Number (if applicable) Department of Corrections presented to State Attorney 0 Declined 0 Accepted

0 Use of Force (UOF) Number (if applicable) 0 Equal Employment Opportunity Commission (EEOC) 0 Addendum 0 Wing Video Camera(s) Present in the Area of Incident

SUMMARY OF ALLEGATIONS:

On December 22, 2010, at approximately 11 :20 a.m., Sergeant Thomas Dickson responded to E-dorrnitory wing in When Sergeant Dickson arrived, Inmate Donald Bart was at his

Sergeant Dickson ordered and for the entire wing of inmates to sit on their Inmate Bart battered by an unknown inmate. The scene was secured around Innmte the scene and Imnate Bart. Inmate Bart was escorted at approximately 5:00p.m., dormitory. Inmate Bart was later pronounced This was reported via tbe MINS on December 22,2010 and was assigned for investigation on December 23,2010.

SUMMARY OF DISPOSITION/JUSTIFICATION FOR DOWNGRADE/EXONERATION:

As a result of this investigation, it is determined that Inmate John Scaife has violated Chapters 782.07(1) (Manslaughter) and 784.03(l)(a) (Battery) of the Florida Statutes by of Inmate John Scaife battered Inmate Donald Bart causing him to fall -thatcansed his death.



Case Number: 10-1-1064 7

Name Title/ DC# D.O.B. ID#or Non-Employee

Page2



Case Number: 10-l-10647

Arrest: 0 Employee 0 Inmate 0 Other ~ Addendum Pending Charges:

0 Felony 0 Misdemeanor Date of Arrest: Date Reported:

Other Agency Case Number:

FINDINGS:

In his incident report dated December 22, 2010 and his affidavit dated January 3, 2011, Sergeant Thomas Dickson indicated the following:

On December 22, 2010, at approximately 11:20 a.m., he heard on the radio a request for the "B" team responders to go to E-donnitory. He responded to E-dormitory, wing one and assumed the duty as officer in this incident. When he arrived, he observed Inmate Donald Bart at his bunk area

He ordered Inmate Bart to stop and for the other inmates to Officers Booth, Guice, Grice, and

Domingue responded to assist with scene. and John Scaife were placed in handcuffs and seated in the wing one dayroom pending the arrival of the inspector. Inmate Scaife approached him and stated he had the wrong guy and admitted that he was involved. When asked if he struck Inmate Bart, Inmate Scaife would not answer the The area was secured and photographs were taken. Robert Calamari arrived at E-dormitory at two mmates in the dayroom. He (Dickson) was instmcted to un-cuffboth imnates and have them remain in the dormitory.

(Exhibits Al & A2)

In the Chief of Security comments on Sergeant Dickson's incident report dated December 22, 2010, Colonel Joseph Schwarz indicated the following:

He questioned Inmate Donald Bart and he (Bart) refused to admit that he was assaulted and refused to identify any problems he has been having. (Exhibit A3)

Page 3


Report oflnvestigation Chester Green, Interim Inspector General

Case Number: 10-1-!0647

In E-dormitory's housing log dated December 22, 2010 and her affidavit dated January 4, 2011, Officer Amanda Parker indicated the following:

On December 22, 2010, she was assigned as the housing officer for E-dormitory. this incident involving Irunate Donald Bart, she was on wing two side an inmate. There were two irunates on wing one that came to the officer station there was an irunate who had fell down. She went to wing one side to observe what occurred, she called control room and advised them what happened. (Exhibits A4 & AS)

In her affidavit dated January 3, 2011, Officer Julie Booth indicated the following:

On December 22, 2010, at approximately 11:20 a.m., she responded to a "B" team response in Edormitory wing one. Upon arrival, Irunate Donald Bart was standing by his bed and Sergeant Thomas Dickson told her that he (Bart) The scene was secured and she walked around the wing looking at inmate's hands told two inmates to go to the dayroom. She asked other inmates if anyone stayed in the dormitory during chow. Irunate John Howard told her he heard Inmate Bart arguing with another inmate. Sergeant Dickson told her the inmate stated he did it (that inmate was later identified as Inmate John Scaife). She asked Irunate Scaife if he hit Inmate Bart, he responded that he did not want to talk to her. She asked Irunate Scaife if was protecting someone, he stated "why would I do that." TI1e inspector entered the wing and interviewed the irunates in the dormitory. The inspector went ._to interview Inmate Bart, the dormitory was returned to normal operations. (Exhibit A6)

In her affidavit dated January 3, 2011, Officer Cylinda Grice indicated the following:

On December 22, 2010, at approximately I 1:20 a.m., a call came over the radio from the control room for "B" team responders to respond to E-donnitory. Upon arriving to E-dormitory wing one, she observed Sergeant Thomas Dickson at bunk El 125 talking to Irunate Donald Bart who was sitting on the bed She and other officers responded and secured the scene. All other to and restricted from entering or leaving the dormitory. She ordered camera to be sent to the dormitory. Inmate Bart advised that he was able to walk She stood in the wing to ensure all inmates remained on until the inspector arrived and completed all interviews. The dormitory was allowed to retum back to normal operations upon the departure of the inspector. (Exhibit A7)

In his affidavit dated January 5, 2011, Officer Garland Domingue indicated the following:

On December 22, 2010, at approximately 11:20 a.m., he was working as the chow hall security. He responded as a "B~dormitory. He entere? E-~onnitory and noticed an inmate sitting on his bunk---- He was told by the officer m charge (OJC) to go and get the

Page4



Case Number: 10-1-10647

camera from the control room. When he arrived back to E-dormitory, he gave the camera to Officer Grice to photograph the scene. He returned back to the chow hall and resumed his duties. (Exhibit AS)

In her affidavit dated January 3, 2011, Officer Rebecca Guice indicated the following:

On December 22, 20 I 0, at approximately II :20 a.m., she responded as a "B" team responder to Edormitory. Upon her arrival she observed Sergeant Thomas Dickson at bunk E1125. She noticed hunate Donald Bart sitting on his bunk holding securing the scene, all inmates were placed on their dormitory. She was ordered to retrieve the digi!_a_l Bart's bunk. She went

- She took several phcJtO!Sfaj)hs her office and processed the photographs concerning this incident.

In his affidavit dated Ja.nuary 5, 2011

The contractor that performs the~as present at the institution on_ December 22, 2010. Their arrival time was 9:15a.m. and departure tzme was at approxzmately 11:05 a.m. after the last appozntment. The contractor is on a two week schedule, the next scheduled arrival date at CenUtry Correcti.om scheduled for January 5, 2011. December 22, 2010.

Inspector Robert Calamari questioned several inmates in -dormitory and met with negative results. The dormitory hadjust reUtrned backjiom noon meal. Inspector Calamari went approximately 11:50 a.m.. to question Inmate Donald Bart concerning this incident. While being Inmate Bart stated he

Page5

http:Correcti.om



Case Number: 1 0-1-1064 7

did not know anything and would not provide a statement. Inmate Bart was placed in administrative confinement under investigation and.for his protection.

In her affidavit dated December 27,2010, indicated the following:

On December 22, 2010, at approximately 11:50 she was present in the~hen Inspector Calamari questioned Inmate Bart about Imnate Bart st~d not remember what happened t-Imnate Bart declined ivin a statement concerning this incident.

. (Exhibit AlS)

In his affidavit dated December 29, 2010, Colonel Joseph Schwarz indicated the following:

On December 22, 2010, at approximately 11:50 a.m., he was present Inspector Calamari interviewed Inmate Bart. Imnate Bart appeared _,-and answered questions as they were posed to him. Inmate Bmi refused to tell Inspector Calmnari ho~ (Exhibit A16)

In his incident report dated December 25, 2010 and his affidavit dated December 30, 2010, Sergeant David Middleton indicated the following:

On December 25, 2010, he was assigned as housing supervisor ofY-dormitory. At approximately., Officers Kevin Steele and Raymond Ayala conducted a security check of the confinement wings. O'l"l!cers Steele a11d Ayala returned to the officer station and advised him that Imnate Donald Bart assigned cell # Y2132 was--a!ld would not come to the cell front. He a11d Officer Ayala

entered Inmate Bart's cell t~ Officer Ayala tapped the bottom ofimnate Bart's foot while calling his name. Inmate Bart was not He contacted the shift supervisor a11d advised him of the incident and that he had Imnate Bart's condition. At approximately 5:05 p.m. escorted to Tmn~jp

He advised Donald Gafford of the incident. At approximately 5:45p.m., ~"!-'""" Gafford a11d Officer Bryan Hart entered the unit with a--

The 5:00p.m. housing log check of Inmate Bart was ina~ at that time due (Middleton) going to Imnate Bart's cell to check on the imnate's condition. Officer Kevin Steele was left in the officer station during this time. Y -Donnitory Confinement HoU'Sing logs (DC6-209) were reviewed to ensure department procedures were followed. The logs are dated December 22, 2010 through December 25, 2010 a11d Y-Dormitory Confinement Fixed Wing Video (Pelco) was obtained concerning the housing checks in the confinement writ.

(Exhibits A17- A19 & Exhibit B1)

Page 6

Florida Department of Corrections Office of the Inspector GeneraL


CaseNumber: 10-1-10647

In the shift supervisor comments in Sergeant Middleton's incident report dated December 25, 2010, Captain Donald Gafford indicated the following:

placed in Burnham was amr1~t:u Bullard and Officer Bt'fan not reportable due to it

In his affidavit dated December 29, 2010, Officer Kevin Steele indicated the following:

On December 25, 201

In the Duty Warden's comments in Sergeant Middleton's incident report dated December 25, 2010, M~or Vicki Bumham indicated the following:

I a.m. The control room advised Inmate She advised the control room to contact

istant Warden Scott Payne. On December 26,2010, Inmate Bart's (Exhibit A22)

In his affidavit dated January 3, 2011, Officer Raymond Ayala indicated the following:

On December 25, 2010 at approximately- he conducted his first checks during feeding time. Inmate Donald Bart was lying on his bunk and appeared to be askep. He banged on the wall and called out his name. Inmate Bart responded with a "gmnt", sound>. He left the food tray for Inmate Bart to eat. He returned back Inmate Bart's cell approximately fifteen to twenty minutes later and noticed the food tray was untouched. He reported this to Sergeant David Middleton. He continued to make half hour cf1ecks. Im11ate Bart appeared to be asleep; he would call out Inmate Bart name and bang on the wall. Inmate Bart would only respond with a "grunt" sound. At 5:00 p.m., he and Sergeant Middleton went into Inmate Bart's cell to check on him entered the cell and tapped on Inmate Bart's foot several times

his eyes or sit Middleton exited the

Page 7

Florida Department of Corrections Office of fue Inspector General



In her affidavit dated December 29,2010, Nurse Johuna Courtney indicated the following:

On December 25, 2010 5:05p.m., she was notified by Sergeant Middleton that Bart would not Upon visualization of the inmate, he

- by calling his name was opened, at approximately 5:10 p.m., she entered with Officer Ayala and Sergeant Middleton. After repeated times of calling the inmate Inmate Bart tw




In his affidavit dated December 28, 2010, Officer Kevin Bullard indicated the following:

On at approximately 6:30p.m. he was summoned to transport Inmate Donald Bart to At this time, he and Officer Bryan

During the transport at no time did Inmate Bart be1;on1e lmna1:e Bart. Upon arri

doing so, Inmate Bart (Exhibit A26)

In the Control Room Key Issue log and his affidavit dated December 29, 2010, Officer Bryan Hart indicated the following:

was reviewed, it indicated transport vel1icile #iQ46 was checked out on date (Exhibit A27 & A28)

On December 26, 2010, Charles and lns;?ector

or Monday, December 2 contacted and apprised ofthe situation.

In his incident report dated December 26,2010, Captain Rogelio Trevino indicated the following:

At approximately 5:20p.m., Officer Jroi10lll!1




In the and his affidavit dated December 26, 2010, Officer Kenneth Shaw following:

On December 26, 2010, at apf>rmdmately He was advised by

Inmate Donald

supervisor was notified of all information. December 25, 2010 through December 27,

In the shift supervisor comments in Officer Kenneth Shaw's incident report dated December 26, 2010, Captain James Lassiter indicated the following:

He notified all officials of the incident. A MINS was generated and EAC Duty Officer Miller was notified at approximately 7:14p.m. Inmate Bart remains awaiting release by the Escambia County Medical Examiner. (Exhibit A32)

In his incident report dated December 26, 2010, Sergeant Jarrod Jones indicated the following:

On December 26, 2010, at approximately 5:45 p.m., he called the EAC in reference to the death of Inmate Donald Bart. He was previously advised by Captain Rogelio Trevino, that Major Vicki Burnham and Inspector Robert Calamari had advised that the cause of death was pending an autopsy by the medical examiner. (Exhibit A33)

On December 27, 201 office took possession of Inmate Bart's body December 28, 20 I 0. (Exhibit A34)

On December 28,2010, at approximately 10:30 a.m., attended the autopsy of Inmate Donald Bart conducted by Doctor findings of the autopsy were determined to be The autopsy report will be forwarded by the medical upon of her formal findings. Photographs taken of Inmate Donald Bart dnring his autopsy dated December 28,2010. (Exhibit A35)

On December 27. 2010, at approximately 9:00 a.m., Inspector Robert Calamari went to -dormitory and interviewed sixzy-eight inmates housed in -dormitory wing one. The interviews were conducted individually in the captain's office adjacent to -dormitory. Seven inmates provided digitally recorded sworn testimony as to the accounts ofthis incident. The remaining inmates had no direct testimony to this incident.

Page 10




In his digitally recorded sworn statement dated December 27, 2010, Inmate Emilio Quintana indicated the following:

He returned -andwent to early lw1ch. Upon arriving back to the dormitory, a black inmate called by the~ah-Yah" struck Imnate Donald Bart in the face with his fist. He (Quintana) identified "Yah-Yah" by a DC website imnate photograph as Imnate John Scaife. Inmate Scaife made a comment in the donnitory that the cake was good at the chow hall. Imnate Bart stated "yeah, it all goes to your ass." Inmate Scaife felt Imnate Bart had disrespected him and went over and punched Imnate Bart in the face. Inmate Bart only -'as he was getting up from his bunk Imnate Scaife struck Inmate Bart. Imnate Bart fell to the groWld; he did not make any aggressive movement prior to being punched by Inmate Scaife. After punching Inmate Bart, Inmate Scaife went back and sat on his billlk. He stated Inmate Scaife later told him (Quintana) he was sorry, but Inmate Bart should not have disrespected him. (Inmate Emilio Quintana has a tentative release date ofOctober 26, 2014).

(Exhibit B2)

In his digitally recorded sworn statement dated December 27, 2010, Inmate Christopher Hall indicated the following:

He indicated that an imnate known as "Yah-Yah" was involved in the incident with Imnate Donald Bart. He later identified "Yah-Yah" by a DC website imnate photograph as Inmate John Scaife. He said !Im1ate Scaife told him that he was worried that he (Scaife) might have and maybe he did not deserve it. He stated the argwnent was over a piece of cake in the chow hall. Imnate Scaife told him that he (Scaife) was remorseful for what happened. (Inmate Christopher Hall has a tentative release date ofOctober 3I, 20 II). (Exhibit B2)

In his digitally recorded sworn statement dated December 27, 20 I 0, Inmate Hector Solorzan indicated the following:

He returned back from noon meal, he heard there was a misWlderstanding between two imnates. Imnate Donald Bart and an imnate called "Yah-Yah." He later identified "Yah-Yah" by a DC website imnate photograph as Imnate John Scaife. He stated Imnate Scaife was making comments in the TV room (dayroom) that he did not want this to happen. He said Imnate Scaife told him the argwnent was over a joke Inmate Bart made about a piece of cake. Inmate Scaife told him (Solorzan) that he was sorry for what he did. (Inmate Hector Solorzan has a tentative release date ofJune 1, 2013). (Exhibit B2)

In his digitally recorded sworn statement dated December 27, 2010, Imnate John Howard indicated the following:

He heard Inmate Donald Bart and another imnate called "Yah-Yah" arguing in the donnitory. He later identified "Yah-Y al1" by a DC website inmate photograph as Imnate John Scaife. He stated they were arguing at the foot of his billlk, words were passed to each other. Imnate Brut stated to lmnate Scaife that he was still standing; Inmate Scaife backed up ru1d struck Imnate Bart twice in the face. Inmate Scaife struck Imnate Bart with his right hand followed by his left hand. The first strike was directed to Inmate Bart's nose. Imnate Bart fell back and hit his head hard on the floor. He said the argwnent was

Page 11




over "sugar" and how it goes to your ass. Imnate Bart and Imnate Scaife were on opposite sides of the wing, Inmate Scaife carne across the wing to confront Imnate Bart. He said later on in the day he (Howard) heard Inmate Scaife say he was sorry for what happened, but Imnate Bart should not have disrespected him. (Inmate John Howard has a tentative release date ofMay 29, 2011). (Exhibit B2)

In his digitally recorded sworn statement dated December 27, 2010, Inmate Glenn Battle indicated the following:

He observed the incident in E-dormitory, "Yah-Yah" came from the kitchen (chow hall) and stated the cake was good today. l!m1ate Donald Bart yelled out that the cake goes through your ass. He (Battle) later identified "Yah-Yah" by a DC website photograph as Imnate John Scaife. Imnate Scaife yelled back at Inmate Bart asking him what did he say. Inmate Bart stated "it goes to your ass" referring to the cake. Inn1ate Scaife stated "you fag punk, who are you talking to." Imnate Bart responded saying "you bully ass punk." Inmate Scaife got off his bunk and went over to where Imnate Bart was at. Inmate Scaife came from the other side of the wing to confiont Inmate Bart. Inmate Scaife then struck Inn1ate Bart; he (Bart) fell backward to the ground. He was unable to see what hand Imnate Scaife struck first with, it happened so fast. Inmate Bart did not throw any punches or make any aggressive movements towards Inmate Scaife. (Inmate Glenn Battle has a tentative release date ofOctober 5, 2024).

(Exhibit B2)

In his digitally recorded sworn statement dated December 27, 2010, Inmate Mathieu Gosselin indicated the following:

He and Inmate Donald Bart went to lunch, when they returned to the dormitory an imnate known as "Yah-Yah" came in the wing. He later identified "Yah-Yah" by a DC website photograph as Imnate Jolm Scaife. Inmate Scaife said the cake was good with the icing. lmnate Bart said that the cake goes right to your ass cheeks. Inmate Scaife responded by saying "what motherfucker." hm1ate Bart said it was a joke, Inmate Scaife called Inmate Bart a punic for talking about his ass. Imnate Scaife walked over to hm1ate Bart's bed, Irnnate Bart stood up in front of Inmate Scaife. Imnate Scaife told Imnate Bart he is going to ptmch him in the face. Inn1ate Bart responded by telling Imnate Scaife "he is standing right here." Inmate Scaife punched Inmate Bart in the nose. Inmate Bart fell down like a tree and hit his head very hard on the floor. He observed Inmate Scaife strike Imnate Bart with his right hand to the nose area. Inmate Bart made no aggressive movement towards Irnnate Scaife. He (Gosselin) later heard Inmate Scaife say he was sorry for what happened. Imnate Scaife carne to him on two occasions in the week and stated he (Scaife) regretted what happened; he should not have done it (Inmate Mathieu Gosselin has a tentative release dare ofMay 20, 2017). (Exhibit B2)

In his digitally recorded sworn statement dated December 27, 2010, Imnate Charles Richards indicated the following:

He heard raised voices, he observed Inmate John Scaife come around to Inmate Donald Bart's bunk. He stated Tmnate Scaife is known as "Yah-Yah" in the dormitory. Imnate Scaife got into Imnate Bart's face and stated he was going to ptmch him in the face and called him "a punk ass old man." He (Richards)

Page 12




was not sure what the argument was over, he had on his head phones and could not hear what was said between the two inmates. He said Inmate Scaife came from the other side of the wing to confront Inmate Bart Inmate Bart asked Inmate Scaife why he was always bullying everyone in the dormitory. Inmate Scaife then punched Inmate Bart in the face, Inmate Bart .fell like a rock and hit his head on the floor. Inmate Scaife struck Inmate Bart one time with his right hand. Inmate Bart had only stood up and had his arms to his side when Inmate Scaife confronted and struck him. (Inmate Charles Richards has a tentative release date ofFebruary 29, 2028). (Exhibit B2)

On December 27, 2010, after being advised of his Constitutional Rights Inmate John Scaife requested to exercise his Constitutional Rights and requested a lawyer. He did not provide a statement concerning this incident (Inmate John Scaife has a tentative release date ofMay 24, 2012). Depmiment of Corrections, Office of the Inspector General Rights Acknowledgement/Wavier signed by Inmate John Scaife dated December 27, 201 0 and Department of Corrections Imnate Population Information Detail of Inmate J olm Scaife.

(Exhibits A36 & A37) In his affidavit dated January 6, 20 II, Sergeant Xavier Grice indicated the following:

On December 23, 2010, Inmate Donald Bart's evening meal was placed on the door flap but Inmate Bart did not get up to receive his meal. He talked with Inmate Bart later in the shift and Inmate Bart was responsive at that time. (Exhibit A38)

In his affidavit dated Jmmary 6, 2011, Sergeant Cory Settlemires indicated the following:

On December 24, 2010, he was assigned as the housing supervisor of Y-Dormitory. At approximately.-a, while conducting his initial informal count, Inmate 'Donald Bart was standing at his cell ~asked him how he was doing and Inmate Bart stated "fine." He told Inmate Bart to inform Officer Baker or himself if he needed anything. At approximately 4:30 a.m., Officer Jonathan Baker told him (Settlemires) that Inmate Ba1i accepted his morning tray but refused to eat his meal.

(Exhibit A39)

In his affidavit dated January 6, 2011, Officer Jonathan Baker indicated the following:

On December 24, 2010, at approximately 4:30 a.m., he served Imnate Donald Bart his morning meal. Inmate Bart was responsive and stated "good morning" and accepted his meal. He returned back approximately thirty to forty minutes later to pick up the food trays. He noticed that Inmate Bart did not eat his meal. He infonned Sergeant Corey SettJemires where it was noted on the daily record of special housing (DC6- 229) form that Inmate Bart refused his meal. (Exhibit A40)

In his affidavit dated January 4, 2011, Sergeant Wayne Igo indicated the following:

On December 25, 2010, while working the midnight shift as the confinement sergeant, he did not observe or any officer report Inmate Donald Bart being Bart refused to eat his morning meal, he was responsive at the time the food trays were passed out. (Exhibit A41)

Page 13


Report ofinvestigation Chester Green, Interim Inspector General


In his affidavit dated January 4, 2011, Officer Leonard White indicated the following:

On December 25, 2010, he was working as a housing officer in the confinement unit. At approximately 4:30a.m., he passed out the morning meal in Y-dorrnitory. Inmate Donald Bart was in cell Y2132, he was responsive at the time he (White) passed his cell. Inmate Bart uttered to him that he did not want a tray. He went to the officer station and advised Sergeant Wayne I go to make sure it is documented in Inmate Bart's DC6 229a that he refused his meal. (Exhibit A42)

Century Correctional Institution Control Room logs (DC6-207) were reviewed to ensure department procedures were.f(illowed. The logs are dated December 22, 2010 through December 26, 2010, along with the Daily Record ofSpecial Housing form DC6-229 that indicates the fteding times for Inmate Donald Bart. This log shows the date and time ofeach meal served to Inmate Bartfrom December 22, 2010 through December 25, 2010. This log displays what meal Inmate Bart consumed and what meals he refused. Affidavits are provided from those officers working the confinement unit which served Inmate Bart his meals. Dailey Record ofSpecial Housing (DC6-229) dated December 22, 2010 through December 25, 2010. (Exhibits A43 & A44)

Diagram ofE-Dom1itory Bnnk Layout, wing one dated December 27, 2010. (Exhibit A45)

Upon approval by the Office of the Inspector General, a copy of this investigative report will be submitted to Assistant State Attorney Lee Robinson, 1 '1 Judicial Circuit.

Once the court has rendered a final decision in this case. an addendum to .this investigation will be submitted.

Page 14



Case Number: 1 0-1-1064 7

Robert Calamari Inspector

_________ I Debbie Carter Arrant Regional Supervisor I Lead Inspector

--------~NIA________________

Date

01/2812011___ Date

Lead Supervisor Date

~--~----~----~--~~~--~~----~--~ 1/3112011 Interim Deputy Inspector General I Deputy Inspector General Date

Chief ofinvestigations Chief of Special Operations

Interim Inspector General Date

Page 15




EXIDBIT/ATTACHMENTS SECTION

A. EXHIBIT(s)- attached:

1. Incident report of Sergeant Thomas Dickson dated December 22, 2010. 2. Affidavit of Sergeant Thomas Dickson dated January 3, 2011. 3. Chief of Security comments of Colonel Joseph Schwarz dated December 22, 2010. 4. E-dormitory housing log dated December 22,2010. 5. Affidavit ofOfficer Amanda Parker dated January 4, 2011. 6. Affidavit of Ofticer Julie Booth dated January 3, 2011. 7. Affidavit of Officer Cylinda Grice dated January 3, 2011. 8. Affidavit of Officer Garland Domingue dated January 5, 2011. 9. Affidavit of Officer Rebecca Guice dated January 3, 2011. 10. Photographs of Inmate Donald Bart's injuries dated December 22,2010. I 1. Department of Corrections Inmate Population Information of llm1ate Donald Bart. 12. Copy of pre-special housing and HS 49 SOAPE dated December

22,2010. 13. 14.

~ecemb~r25, 2010. 15. Affidavit December 27,2010. 16. Affidavit ofColonel Joseph Schwarz dated December 29, 2010. J7. Incident report of Sergeant David Middleton dated December 25, 201 0. 18. Affidavit of Sergeant David Middleton dated December 30, 2010. 19. Y-D01mitory Confinement Housing log dated December 22,2010 through December 25,2010. 20. Shift Supervisor comments of Captain Donald Gafford dated December 25, 20 1 0. 21. Affidavit of Officer Kevin Steele dated December 29,2010. 22. Duty Warden comments of Major Vicki Burnham dated December 25, 2010. 23. Affidavit of Officer dated January 3, 20 I 1. 24. Affidavit December 29, 2010. 25. Affidavit December 29, 2010. 26. Affidavit Kevin dated December 28, 2010. 27. Control Room Key Issue log dated December 25, 2010. 28. Affidavit of Officer Bryan Hart dated December 29, 2010. 29. Trevino dated December 26,2010. 30. log dated December 25,2010 through December 27,2010. 31. Affidavit ofOfficer Kenneth Shaw dated December 26, 2010. 32. Shift supervisor comments of Captain James Lassiter dated December 26, 2010. 33. ~f Sergeant Jarrod Jones dated December 26, 2010. 34. ~ody Release form dated December 28, 2010.

Page 16




35. Photographs taken during autopsy dated December 28,2010 .. 36. Department of Corrections, Office. of the Inspector General, Right Acknowledgement/Wavier form

dated December 27,2010. 37. Department of Corrections Inmate Population Information Detail of Inmate John Scaife. 38. Affidavit of Sergeant Xavier Grice dated January 6, 2011. 39. Affidavit of Sergeant Cory Settlemires dated January 6, 2011. 40. Affidavit of Officer Jonathan Baker dated January 6, 2011. 41. Affidavit of Sergeant Wayne I go dated January 4, 2011. 42. Affidavit of Officer Leonard White dated January 4, 2011. 43. Control Room logs dated December 22, 2010 through December 26,2010. 44. Dailey Record of Special Housing dated December 22,2010 through December 25,2010. 45. Diagram ofE-Dorrnitory, Wing One, Bunk Layout dated December 27,2010.

B. EXHIBIT(s)- not attached:

I. CD containing Fixed Wing (Pe!co) Video ofY-Dormitory Confinement Unit fl-om dated December 23,2010 through December 25,2010.

2. CD containing digitally recorded statements of the following: Inmate Emilio Quintana dated December 27,2010. Irunate Christopher Hall dated December 27,2010. Inmate Hector Solorzan dated December 27,2010. lmnate John Howard dated December 27,2010. Inmate Glenn Battle dated December 27, 2010. Inmate Mathieu Gosselin dated December 27,2010. Inmate Charles Richards dated December 27, 20 I0.

Page 17

STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS

OFFICE OF THE. INSPECTOR GENERAL

REGION 1 -WEST

'. MEMO TO: Terrance Edmonson, Inspector General . '

FROM: Robert Calamari, Law Enforcement Inspector

DATE: June 20, 2011

SVB,JECT: IG Case #10-1-10647, closed by arrest/ Inmate John Scaife DC #069 60

This case alleging the commission of a criminal violation of law is closed by arrest.

This memorandum is to document the arrest for the criminal charge against Inmate J hn Scaife DC# 069460, for tm incident that took place on December 22, 2010.

On February 18, 2011 an investigative report charging Inmate Scaife with Mansla ghter and Battery was submitted to Assistant State Attorney (ASA) Lee Robinson. The subject s aiTested pursuant to a warrant for a violation of 782.07.1 (Manslaughter) and 784.082 (3) attery by Person Detained in Prison or Jail Facili~F) Florida Statutes by the Escambia Count Sheriff's Oifrce on or about May 19,2011.

The Escambia County Clerk ofthe Court (Case#2011CF001868A) is attached. (Exh bit A-46)

'

Robert Calamari, Law Enforcement Inspector

\~\)vtJ~ Gkww-- rpf~-;y)fl DatJ {tJ:::. H=ffio,, '"'P~fo' Sopcr,fficr

Cc: F1le

$ -'

Escambia Clerk of the Circuit Court

Escambia County Florida Clerk of the Circuit Court Courtviewer Records Search

CASE

Case Number 2011 CF 001868 A Case Judge E I BOLES, W.

Case rype FELONY ~ile Date 04/21/2011

Case Action Code Case Status OPEN

PARTIES

Red Party Ty;!c Name R.ace- Gend

1 Defendant SCAIFE, JOHN XRef-ID: 53096954 B M

Address: INMATE DC #069460 CENTURY CORRECTIONAL INSTITUTION ROAD CENTURY FL 32535 (Home Address on 0412112011! Attorney: PUBLIC DEFENDER PO

Red ChglCnt

1 1 Prosecutor

2 2 Prosecutor

PARTY CHARGE SUMMARY

Charge Description Charge Disposition

MANSLAUGHTER -OTHER THAN BY

MOTOR VEHICLE

BATTERY-BY PERSON DETAINED IN

PRISON OR JAIL FACIL

DISPOSITIONS

Red Status St3tliS Date

Disposition Code Disp Date Judge

1 OPEN 04/21/2011 Undisposed E I BOLES , W. JOE

DOCKETS

Red Date Description

1 04/21/2011 NEW CASE AFFIDAVIT PROCESSED

2 04/21/2011 INFORMATION FILED INSPECTOR GENERAL CASE NO 10-1-10647

3 04/21/2011 ISSUE CAPIAS, RETURNABLE INSTANTER: BOND SET AT NO BOND

4 04/21/2011 CAPIAS ISSUED

FELONY CAPIAS (REGULAR) w/barcd Sent on: 04/21/2011 13:37:19

5 04/21/2011 ALERT ISSUED NON PUBLIC RECORD CAPIAS issued on: 04/21/2011 For: SCAIFE, JOHN Bond Amt: Bond Type: NO BOND ALLOWED

6 05/11/2011 FILE MOTION TO TRANSPORT BY ASA C. ROBINSON"

7 05/16/2011 JUDGE BOLES

8 05/16/2011 ORDER TO TRANSPORT DEFENDANT (AS SOON AS TRANSPORTATION CAN BE ARRANGED) FILED- (FAXED TO WARRANTS, CONFIRMATION

http://oub lic.clerk.co. escambia. fl. us/xml/xml.asp ?ucase id=4970 1402

Page 1 of5

OEL

0.0.8./r

D.O.D.

01/05/1953

00 TEDDER

Disposition Date

Document Tag#

6/20/2011

http:lic.clerk.cohttp://oub

Escambia Clerk of the Circuit Court Page2 of5

9 05/20/2011

10 05/20/2011

11 05/20/2011

12 05/20/2011

13 05/20/2011

14 05/20/2011

15 05/20/2011

16 05/20/2011

17 05/20/2011

18 05/20/2011

19 05/20/2011

20 05/20/2011

21 05/20/2011

22 05120/2011

23 0512012011

24 05/23/2011

25 05123/2011

26 05/23/2011

27 06/06/2011

28 06/09/2011

29 06/09/2011

30 06/09/2011

31 06/09/2011

32 06/09/2011

33 06/10/2011

AITACHED)

ALERT SERVED NON PUBLIC RECORD CAPIAS served on: 05/1912011 For: SCAIFE, JOHN

COURT EVENT SET Event: VIDEO APPEARANCE Date: 05/20/2011 Time: 9:30 am Judge: KINSEY, PAT Location: DIVISION V COURT ROOM

COURT EVENT SET Event: ARRAIGNMENTS Date: 06/09/2011 Time: 9:00 am Judge: GEEKER, NICKOLAS P. Location: M.G. BLANCHARD JUDICIAL BUILDING

ARREST DATE: 5/19/2011

ARREST REPORT FILED

CAPIAS RETURNED SERVED: 5/19/2011

JUDGE KINSEY

INITIAL VIDEO/WEEKEND/HOLIDAY APP HELD FOR ORIG CHGS WI FOLLOWING ACTION TAKEN BY THE COURT ON 5120/2011

DDIRECT FILE CAPIAS

PUBLIC DEFENDER APPOINTED

PROVISIONAL ORDER APPOINTING PUBLIC DEFENDER FILED; P/D COPIED

NONADVERSARIAL PROBABLE CAUSE DETERMINA i'ION RULE 3.133 FILED

ACKNOWLEDGMENT OF RIGHTS FOR FIRST APPEARANCES FILED

BOND REMAINS SAME- NONE

PASS/RESET TO/FOR 6/9/2011

FILED DEFENDANT'S INVOCATION OF CONSTITUTIONAL RIGHTS

ENTRY OF PLEA OF NOT GUlL TY FILED

NOTICE OF DISCOVERY FILED

DISCOVERY EXHIBIT FILED

JUDGE GEEKER

DEFT IN CUSTODY (NOT PRESENT IN COURT)

DEFT FOUND INDIGENT

PLED NOT GUlL TY, SET FOR JURY TRIAL 9/26/2011, DO 9/1412011 @ 8:30 A.M.

HEARING WORKSHEET FILED

COURT EVENT SET Event: DOCKET DAY Date: 09/14/2011 Time: 8:30am Judge: BOLES, W. JOEL Location: M.G. BLANCHARD JUDICIAL BUILDING

EVENTS

http:! /public.clerk.co. escambia.fl.us/xmllxml.asp?ucase _id=4970 1402 6/20/2011

http:public.clerk.co


Fled Date Start Time End Time Event Type Judge

1 05/20/2011 9:30:00 AM 9:30:00 AM VIDEO APPEARANCE KINSEY, PAT

DIVISION V COURT ROOM

2 06/09/2011 9:00:00 AM 9:00:00 AM ARRAIGNMENTS GEEKER, NICKOLAS P.

M.G. BLANCHARD JUDICIAL BUILDING

3 09/14/2011 8:30:00 AM 8:30:00 AM DOCKET DAY BOLES , W. JOEL

M.G. BLANCHARD JUDICIAL BUILDING

FINANCIAL SUMMARY -COSTS AND FINES

No Information available - See Dockets

FINANCIAL SUMMARY -HOLDING

No Information available -See Dockets

FINANCIAL SUMMARY- DISBURSEMENTS

No Information available -See Dockets

RECEIPTS

No Information available - See Dockets

TICKLERS

CITATIONS

None

ADDITIONAL CIVIL

None

CLAIMANTS

None

ADDITIONAL FIELDS

None

CRIMINAL OBTS

PARTY CHARGE SUMMARY

Red Chg/Cnt t'liase Charge Description Charge Disposition

1 1 Prosecutor MANSLAUGHTER- OTHER THAN BY MOTOR VEHICLE

2 2 Prosecutor BATTERY-BY PERSON DETAINED IN PRISON OR JAIL FACJL

CHARGE NUMBER 1

BASIC PHASE - Charge 1

OBTS Number 1701221518 Agency Other

Agency Numbur Type Agency Number

COMPLAINT NUMBER 10-1-10647

INITIAL PHASE -Charge

http ://public.clerl

Escmnbia Clerk of the Circuit Court

Charge Status

:;hargeiCou nt

Action Code

Level/Degree

f.S.S.

Gen Offense C11 c,r

:;harge Description

Charge Status

Char\)e/Count

Action Code

Level/Degree

F.S.S.

Gen Offense C!FH'

Charge Descripnon

JBTS Numbe1

Agency Nurnt:JCr rype

COMPLAINT NUMBER

PROSECUTOR PHASE Charge

Initiated by Prosecutor (Direct Direct File Files Only)

1 Prosecutor File 01

782.07(1) Final Decision Dt

Second Degree Felony Pros Final Action

782.07(1) Offense Activity

Not Applicable Drug Type

MANSLAUGHTER OTHER THAN BY MOTOR VEHICLE

1701221518

COURT PHASE Charge 1

Final Plea I Date

Court Action I Date

Trial Type

Judge

Offense Activity

Drug Type

POST SENTENCE PHASE Charge 1

REARREST PHASE Charge 1

SENTENCE PHASE Charge 1

CHARGE NUMBER 2

BASIC PHASE Charge 2

Agency

Agency Number

10-1-10647

INITIAL PHASE Charge

PROSECUTOR PHASE Charge

-.:;harge Status Initiated by Prosecutor (Direct Direct File Files Only)

:::harqeiCou nt 2 Prosecutor File Dt

Actic.. n Code 784.082(3) Final Decision Dt

1._evr:i/Degree Third Degree Felony Pros Final Action

F.S.S. 784.082(3) Offense Activity

Gen Offense Char Not Applicable Drug Type

1

04/21/2011

04/21/2011

FILED

Not Applicable

Not Applicable

E I BOLES, W. JO

Other

1

04/21/2011

04/21/2011

FILED

Not Applicable

Not Applicable

Charge Description BATIERY-BY PERSON DETAINED IN PRISON OR JAIL FACIL

COURT PHASE Charge 2

Charoe Status Final Plea I Date

-:-:har!Je/Courn 2 Court Action I Date

http ://public.clerlcco.escambia.fl. us/xml/xml.asp?ucase id=4970 1402

L

Page4of5

n/2017011

http:public.clerlcco.escambia.fl


Action Code

Level/Degree

f.S.S.

Gen Offense Cn

Documents

Florida Department ofCorrections Office ofthe Inspector … · Inmate Donald Bart was lying on his bunk and appeared to be askep. He banged on the wall and called out his name. Inmate