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News (Media Awareness Project) - US TX: Ex-Deputy To Testify Against Others In Prison-Abuse Case
Title:US TX: Ex-Deputy To Testify Against Others In Prison-Abuse Case
Published On:1999-09-29
Source:Houston Chronicle (TX)
Fetched On:2008-09-05 19:12:21
EX-DEPUTY TO TESTIFY AGAINST OTHERS IN PRISON-ABUSE CASE

GALVESTON -- After striking a deal that requires him to testify
against his co-defendants, a former Brazoria County sheriff's
lieutenant pleaded guilty Tuesday to violating a prisoner's civil rights.

Lester Eugene Arnold, 50, pleaded guilty to a misdemeanor,
acknowledging that he shocked the prisoner with a stun gun during a
videotaped jail shakedown in 1996.

As part of his bargain with federal prosecutors, Arnold will testify
against two other former deputies and a private prison-management firm
employee who were indicted along with him for civil rights violations.

Opening arguments in their trial are scheduled for today. Ten men and
four women were chosen for the jury, which includes two alternates.

Arnold was indicted on three felony counts of illegally shocking
inmates with a stun gun. By pleading guilty to a misdemeanor charge,
he reduced his potential penalty from up to 10 years and a $250,000
fine on each felony count to a maximum of one year and a $100,000 fine
on the single misdemeanor count.

He also could receive probation when sentenced Jan.
3.

Looking on as U.S. District Judge Kenneth Hoyt accepted Arnold's plea
were co-defendants Robert Percival, 37, and David Cisneros, 39, both
former Brazoria County deputies, and Wilton David Wallace, 52, a
former Capital Correctional Resources, Inc., employee. Each of the
three faces one felony count of violating prisoner Toby Hawthorne's
rights.

Hawthorne was one of several inmates shown on videotape being kicked
by jailers and bitten by a dog that Cisneros was handling. Inmates
were being forced to crawl along jail floors as the violence occurred.

Capital Correctional leased a portion of the Brazoria County Detention
Center for three years at a cost of $6 million. The firm housed 415
Missouri inmates there under a contract that Missouri officials
terminated after the videotape of the Sept. 18, 1996, jail disturbance
surfaced.

Prosecutors already planned to show the videotape in this week's
trial. Arnold's testimony about what went on and what Percival,
Cisneros and Wallace did is expected to strengthen the government's
case.

Portions of the videotape have been shown on national television since
the incident occurred.

Word of a possible plea by Arnold came first from Hoyt before the
judge began the process of choosing a jury for the prisoner abuse trial.

Jerome Godinich, one of Arnold's attorneys, told the judge that Arnold
had decided late Monday to enter a plea but changed his mind soon
after. Godinich told Hoyt that Arnold was reconsidering the situation
as court opened Tuesday.

After Hoyt took care of a few other pretrial matters, Godinich
returned to the courtroom and told Hoyt that Arnold would, indeed,
enter a guilty plea.

While questioning Arnold about his plea, Hoyt reminded him that
federal prosecutors would have to prove he intentionally violated
Hawthorne's rights by using a stun gun on the prisoner.

"I believe they can," Arnold replied.

Under Arnold's plea agreement, he also must testify against Wallace in
a separate trial next month.

Wallace was charged in a separate Sept. 7, 1996, incident with
violating the rights of former inmate Clarence Fisher. Prosecutors
said Wallace illegally slammed Fisher's head against a wall, knocking
out a tooth.

In July, Hoyt declared a mistrial when a jury that heard evidence in
the case against Wallace could not reach a verdict.

Hoyt set a retrial for Oct. 26.

Wallace was working for Capital Correctional Resources in the Brazoria
County Jail even though he had been convicted of federal civil rights
violations in a 1983 beating of Texas Department of Corrections inmate
Frank Cervantes.

Wallace, a TDC major at the time, was sentenced to five months in jail
in 1988. Cervantes was sentenced to 25 years for attacking TDC guards.

Opening arguments in the trial of Percival, Cisneros and Wallace are
expected to be completed and testimony to begin today.

Arnold lives in Vanderpool, Percival lives in Lake Jackson and
Cisneros and Wallace live in Angleton.
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