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Wake County CO Gets 90 Day Jail Sentence for Brutally Killing Inmate


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#1 Proudiddy

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Posted 13 December 2013 - 11:19 AM

This is pretty disturbing and graphic:

 

And the story:

http://abclocal.go.c...ocal&id=9358068


RALEIGH (WTVD) -- The jury in the trial of a corrections officer facing charges in the death of an inmate has found him guilty of involuntary manslaughter.

 

Immediately after the verdict, Markeith Council was sentenced to 90 days in the Wake County Jail and three years of probation.

Earlier in the day, jury members asked for the legal definitions of manslaughter, involuntary manslaughter and not guilty.

 

The trial was turned over to the jurors for deliberations Wednesday evening, not long after Council took the stand. He is charged with voluntary manslaughter in connection with 40-year-old Shon McClain's death.

 

The jury also requested a copy of McClain's autopsy report when deliberations resumed Thursday morning and asked to see the surveillance video again that showed an encounter between Council and McClain inside the Wake County Jail on June 4.

Jurors gathered around the screen in the courtroom Thursday to view it closely. They were originally shown the surveillance video during testimony Tuesday.

The district attorney has said that the video makes the case very unique, because it allows jurors to have a first hand look at the incident.

The video, which did not include audio, showed McClain with a towel around his neck, approaching Council. The two began to argue and Council was seen pushing McClain, who fell to the floor, then got back up and moved toward the jailer.

On Wednesday, Council testified that McClain was mad at him from an earlier incident when McClain claimed his hand was nearly shut in a trap door.

McClain was seen on the video raising his hands and then swinging at Council. The corrections officer threw McClain to the concrete floor, then picked him up and did it again -- head first.

McClain never regained consciousness and was on life support for almost two weeks at WakeMed before he died.

According to his autopsy, he died of blunt force trauma to the head and neck.

On the stand Wednesday, Council said he didn't intend to thrown McClain on his head or to injure him so seriously.

He said it all happened so fast that all he could think of was he had just been assaulted and had to rely on his training.

"I've got to get him off of me and get him secured, because I'm in dorm with 55 other inmates so my mindset is I've got to get him secured and get my head up," Council said.

Council also told jurors he hopes to someday be a warden, and that he is a father of three. His wife, who is pregnant, is a Raleigh police officer.

According to court documents, McClain was in jail on charges of drinking at a Raleigh bus station and possession of paraphernalia. He was from Apex.

 

I seriously wonder the height and weight of the inmate, because I've seen a lot of fights in my days, and I've never seen a grown man toss another grown man like that.



#2 g5jamz

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Posted 13 December 2013 - 11:21 AM

Brutal.

 

This is where common sense needs to step in and realize you can really hurt someone.  Maliciously.  I don't care if the little punk takes a swing at you.  It wasn't as if he was in any real fear of being mobbed either.  Remove yourself from the situation and come back in force and deal with the problem inmate. 

 

This guy was found guilty of manslaughter and will have to be put in a separate facility. 



#3 g5jamz

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Posted 13 December 2013 - 11:23 AM

http://www.wral.com/...death/13210913/

 


Council testified Wednesday that he felt McClain was a threat and needed to be subdued after McClain, who had been arguing with him earlier that day, became combative and struck him in the jaw.

Other inmates testified during the four-day trial that McClain – who was 5 feet 7 inches tall and 119 pounds – was helpless once he was pinned by Council, who weighs 290 pounds and played football in college.

 

No clue on height of detention officer...but 5'7" is really short. 



#4 MadHatter

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Posted 13 December 2013 - 11:24 AM

I do understand the CO's comment about being in a cell block with dozens of inmates....and needed to end the altercation quickly.

 

But, his actions were way over the top and the penalty is way too light.



#5 CatofWar

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Posted 13 December 2013 - 11:24 AM

You guys don't get it.... He was a criminal, he lost his human rights.

#6 Proudiddy

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Posted 13 December 2013 - 11:28 AM

The issue I see with this situation is that the CO initiated the contact.  The inmate was in his face, and even appeared to point in his face, but he never made physical contact with him.

 

I don't know that the CO intended to basically break the guy in half and kill him, BUT, he was drunk with power and clearly went over the top.  Stanford Prison Experiment comes to mind...

 

And wow, 119 lbs is super-light.



#7 g5jamz

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Posted 13 December 2013 - 11:29 AM

He lost his rights to freedom.  If he'd simply been subdued with billy clubs...this wouldn't have been a story.  He hit an officer in the jaw.  The fact this dude picked a 27yo adult male that was a gnat and tossed him to the ground killing him is the issue.  I feel sorry for the the inmates family and the dude for getting an unjust punishment, but he paid a steep yet uncalled for price for being an idiot. 



#8 Inimicus

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Posted 13 December 2013 - 11:30 AM

My first reaction was that's a tough spot for the CO and I'm sure he didn't mean to kill the inmate.

 

 

 

But then I reminded myself that drunks dont mean to kill people when they get behind the wheel either...

 

I'm guessing that repeatedly throwing an inmate on the ground by his belt and shirt collar is not part of "his training" that he relied on.



#9 Darth Biscuit

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Posted 13 December 2013 - 11:32 AM

The other inmates didn't seem even slightly phased by it.

 

That CO just lost his cool... 90 days isn't enough for ending someone's life.  the guy was down and he picked him up and threw him.  He didn't try to restrain him at all...

 

Edit:  Yeah, I watched it a few more times... the CO initiated the physical contact, knocked the inmate down, he was down on the ground, and he picked him up and threw him on his head.  That was pretty damned malicious.



#10 g5jamz

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Posted 13 December 2013 - 11:33 AM

Mongo throw little bad guy



#11 ARSEN

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Posted 13 December 2013 - 11:38 AM

Did his brain splattered when he threw him down?

#12 Proudiddy

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Posted 13 December 2013 - 11:41 AM

And it appeared to me, the inmate was done after the first throw.  The second one may have been the one that eventually killed him.



#13 Darth Biscuit

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Posted 13 December 2013 - 11:43 AM

And it appeared to me, the inmate was done after the first throw.  The second one may have been the one that eventually killed him.

 

Definitely. That first throw put him down... the second one he landed right on the back of his head...



#14 ARSEN

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Posted 13 December 2013 - 11:44 AM

When he threw him I tho his head exploded or something and when he picked him up again he got blood all over himself, that's why he wiped. People took off running when what look like a piece of skull flew out.

#15 thefuzz

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Posted 13 December 2013 - 02:56 PM

Hard to say either way.  It was excessive, but that CO was scared for his life.

 

Sometimes that makes you do things that you normally couldn't.

 

Hate it for all involved.




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