8 PRISON GUARDS AT COCORAN INDICTED

Civil rights charges in slaying of inmate

Eight guards at Corcoran State Prison were indicted yesterday on federal
civil rights charges that they staged ``blood sport'' fights among inmates
in which one convict was shot to death by a guard.

The FBI said more indictments were possible, and openly criticized state
authorities for hampering the probe of violence at the prison deep in the
San Joaquin Valley.

``Despite intentional efforts on the part of correctional and other
officials to stymie, delay and obstruct our inquiry, we will continue until
all culpable parties are brought to justice,'' said James Maddock, special
agent in charge of the Sacramento office.

The indictments come more than a year after The Chronicle reported that
high-ranking state prison officials attempted to block the FBI inquiry into
the abuses -- at the same time that corrections director James Gomez was
citing the violence to support requests for billions of dollars in new
prisons. Gomez resigned two months after The Chronicle report.

With chilling precision, the nine-count indictment describes how guards
entertained themselves by allegedly manipulating racial and gang rivalries
to incite fisticuffs in an exercise yard.

``It's going to be duck hunting season,'' one guard said to another as
inmate Preston Tate and another black inmate walked into the yard about
8:45 a.m. on April 2, 1994, the indictment said.

A few minutes later they were battling with two members of a rival gang
known as ``Southern Mexicans,'' but four guards did nothing to stop them,
the indictment said.

Guard Christopher Bethea then allegedly fired two shots, one from a rifle
that shot wooden blocks, the second from a 9mm rifle. The second shot
struck Tate in the head and killed him. Tate was the sixth of seven inmates
shot to death by guards under similar circumstances at the prison since it
opened in 1988.

The four guards then ``prepared false reports containing statements they
knew to be false and misleading to cover up the fact that these defendants
. . . knew the fight would occur and intentionally failed to keep these
inmates free from physical violence,'' the indictment said.

``The law gave these individuals the power to protect, but they used it to
torment,'' said U.S. Attorney Paul Seave. ``These defendants used their
authority to sponsor blood sport. In the process, they violated the civil
rights of individuals and abused their power and public trust.''

A Department of Corrections investigation of the shooting found no
wrongdoing, but a civil suit was filed by Tate's family. A former Corcoran
guard, Richard Caruso, helped keep the issue alive.

At one point in the investigation, Caruso was pursued by Department of
Corrections investigators who tried to keep him from giving prison records
to federal agents in Fresno.

Indicted yesterday were Timothy Dickerson, 38, of Visalia; Michael Gipson,
43, of Caruthers; Truman Jennings, 37, of Visalia; Raul Tavarez, 38, of
Tipton; Jerry Arvizu, 30, of Hanford; Douglas Martin, 54, of Corcoran; John
Vaughn, 42, of Hanford; and Bethea, 33, of Clovis. They were expected to
surrender to authorities in coming days.

All were charged with conspiracy against civil rights and deprivation of
civil rights under color of law, and aiding and abetting. Tavarez was also
charged with lying to a grand jury.

Conspiracy carries a maximum sentence of 10 years in prison, as does each
count of deprivation of civil rights. If death results, however, a life
term is the maximum.

The Department of Corrections said two of the guards have retired; the
remainder have been placed on administrative leave with pay.

One was a lieutenant, two were sergeants, and the remainder were officers.

Critical of the indictments was the California Correctional Peace Officers
Association, the politically powerful union that represents guards.

``CCPOA is shocked by the actions of the United States attorney,'' said
Lance Corcoran, vice president of the union. ``These officers were
following policy and doing their jobs, whether we agree with that policy is
really immaterial.''

That policy, known as the integrated yard policy, requires that gang and
racial rivals use the exercise yard at the same time.

Tipton Kindel, spokesman for the Department of Corrections, said his agency
cooperated fully with the federal investigation.

``We gave them not only the conclusions of the investigators, but also all
of the notes, all of the tape recordings of the interviews,'' Kindel said.
``Anything that the department could possibly do to cooperate with the FBI
and the U.S. Department of Justice has been done.''

He also produced a letter from the FBI asking the department to stay out of
the Tate investigation because it was being handled by the federal
government.

In November 1996, Attorney General Dan Lungren's office opened a criminal
investigation of violence at Corcoran, but Lungren said he did not look
into issues already being probed by other agencies.

Last August, Lungren declared there would be no criminal prosecutions.

``After a thorough review that included interviewing more than 100 inmates
and correctional officers, the state Department of Justice has concluded
its investigation and determined that no criminal charges can be sustained
based on obtainable evidence,'' his office said at the time.

)1998 San Francisco Chronicle Page A1