Texas Ranger Bobby Smith and Sheriff Keith Merritt wait outside the Orange County courtroom where a former corrections officer is on trial for aggravated assault of an arrested man in handcuffs.
A former Orange County corrections officer, on trial for aggravated assault as a public official, testified he was “very” surprised when he learned the handcuffed prisoner that he slammed to the ground suffered broken ribs.
The man had been arrested for public intoxication and was in what is called the “pat-down area” of the jail. The corrections officer and the victim are white.
40-year-old Brian Lee testified his finger was in the chain of the handcuffs and he thought the prisoner was about to move around and break his finger.
The incident was captured on jail surveillance cameras. Assistant District Attorney Krispen Walker showed the video several times to the jury during the opening of the trial Monday and through Tuesday’s testimonies.
The video shows the arrested man, Jerry Michael Carthel, facing a cinderblock wall in the jail. He had been arrested and brought to the jail by two Orange Police Department officers the evening of January 26, 2015. Carthel leaned in and hit his head on the wall twice before the officers told him to stop.
Lee walks up and is putting on blue rubber gloves. He asks the Carthel what he is on. Carthel finally says he doesn’t do drugs but he had been drinking beers. Lee prepares to search Carthel and asks if he has anything that could hurt or poke him.
Lee’s back is to the camera and part of Carthel cannot be seen. All of a sudden, Lee throws Carthel backwards to the floor. The back of Carthel’s head hits the floor.
Lee testified that his finger had been twisted in the chain of the handcuffs. He said he felt Carthel tense and go to move his arms up. If Carthel had moved the arms, Lee’s finger could have been broken, Lee told the jury.
When working at the Texas Youth Commission facility a few years ago, Lee broke a finger when it got twisted in a shirt while he tried to stop one of the youth offenders. Lee said he had to have surgery and told the jury. He held the finger up to show it is permanently disfigured.
The jail nurse on duty, Tiffany Dickerson she was called to the area and saw Carthel lying on the ground with blood on the floor. She couldn’t tell if the blood was from his nose or mouth.
Carthel was moving and talking, but said he had back pain. A deputy on duty drove him to the local emergency room. The local hospital reported Carthel had a laceration in his mouth and fractured ribs. The emergency room sent him to University of Texas Medical Branch in Galveston.
Texas Ranger Bobby Smith testified Sheriff Keith Merritt called him to investigate the use of force the next day. A Ranger in Galveston was sent to the hospital to interview Carthel.
Smith said he completed the investigation, which included an interview with Lee. Lee was read his rights to have an attorney present and to remain silent. Lee cooperated and signed the statement.
Lee later testified he didn’t realize he was being interviewed as part of a criminal investigation until he read his statement and saw “official oppression.”
Official oppression under the Texas Penal Code is a Class A misdemeanor.
Ranger Smith said he completed the investigation and gave his evidence to the district attorney’s office to present to an Orange County grand jury.
The grand jury indicted Lee for aggravated assault, a first degree felony. The punishment is five to 99 years in state prison with a possible maximum fine of $10,000.
Lee was suspended with pay during the investigation but was terminated after the indictment.
Assistant District Attorney Krispen Walker is the prosecutor in the case. Lee’s defense attorneys are Ryan Gertz and Larry Hunter of Beaumont. 163rd District Judge Dennis Powell is presiding over the trial.
Testimony continues Wednesday.
-Margaret Toal, KOGT-
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