Deputies blamed for inmate leaving shower, passing contraband, running around and spraying

Deputies blamed for inmate leaving shower, passing contraband, running around and spraying

(As originally published, Sat, July 2nd 2022, 5:00 AM EDT)

WEST PALM BEACH, Fla. (CBS12) — A confinement status inmate in Palm Beach County’s Main Detention Center left his cell without proper restraint, and passed contraband to two other inmates, tampered with an electrical outlet, and sprayed unknown chemicals in the air. The actions of the inmate — who CBS12 News has reported on in relation to a murder — led to an internal affairs investigation against two sheriff’s deputies.

The series of incidents happened on Oct. 15, 2021, and 10 days later, a sergeant accused deputies Bobby Martin and Felix Jean-Julian of Neglect of Duty, and Endangering Others through the neglect of duty to wit Corrections Operating Procedures for Special Management Units.

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Another sergeant conducted the investigation for Internal Affairs. She wrote about reviewing evidence, including video clips, in her report:

“On October 15, 2021, [a video] showed Deputy Martin escorted in unknown inmate to the lower right shower, remove the handcuffs from the inmate’s wrist, and appeared to secure the shower door.

…exited the shower without handcuffs or a deputy escort…

“On October 15, 2021, [a video] shows deputy Martin escorting an unknown handcuffed inmate towards the stairs and permitted that same inmate to walk on escorted to Inmate Samuels, Tiyone in lower cell #23. Deputy Martin shortly after escorted the unknown inmate from lower cell #23 to the unit stairs. The unknown inmate was escorted and secured in the upstairs shower by Deputy Jean-Julian. The inmate in the lower right shower stall exited the shower without handcuffs or a deputy escort, and attempts to conceal himself from the unit deputies. Shortly after, Deputy Martin notices the inmate outside the shower, and he is secured in a cell.”

Tyrie Theophile was accused in a deadly drug-related shooting more than 10 years ago.

…permitted to clean the unit showers unhandcuffed and unescorted.

Continuing, “On October 15, 2021, [a video] shows Inmate Theophile, Tyrie was permitted to clean the unit showers unhandcuffed and unescorted. While cleaning the showers, inmate Theophile is observed on video handing/obtaining an unknown object from Inmate Samuels, Tiyone in cell #23 lower and Inmate Albury, Vanard in cell #24 lower. Both Inmates Albury and Samuels’ access ports were left open. Deputy Martin is seen exiting [blacked out] and he returned moments later. During this time, Inmate Theophile began tampering with the electrical outlet next to lower cell #24 multiple times. Inmate Theophile was viewed running throughout the unit entering and exiting the upstairs supply closet unsupervised. Inmate Theophile retrieved a spray bottle from the upper stairs closet and begin spraying an unknown liquid substance as he walked up and down the unit stairs. Shortly after, Deputy Jean-Julian approaches cell #22 lower where moments before Inmate Theophile tampered with the electrical outlet, Inmate Theophile is also seen rolling the portable inmate phone cart from cell #23 lower and placing it in front of Inmate Albury’s cell #24 lower. Deputy Martin later escorts an unknown handcuffed inmate to his cell lower #17 while Inmate Theophile is roaming the unit unhandcuffed and without a deputy escort. Inmate Theophile is seen sliding the spray bottle across the dayroom floor to Deputy Martin. The video footage is approximately 10 minutes in length.

Inmate Theophile grabs the spray bottle and began to spray…

“On October 15, 2021, [a video] shows Inmate Theophile again tampering with the electrical outlet next to cell #23 lower and causing a large spark as Deputy Martin is inside of cell #17 sweeping. Soon after Inmate Theophile lights the unknown object, he immediately enters the lower left shower stall. Moments later, he exits the shower and hands the unknown object to Inmate Samuels. Inmate Theophile grabs the spray bottle and began to spray an unknown substance in the air as he walked throughout the dayroom in plain view of Deputy Martin. The video footage is approximately 3.22 minutes in length.

…running on the top tier with a broom in his hand, entering and exiting…

“On October 15, 2021, [a video] shows Inmate Theophile running on the top tier with a broom in his hand, entering and exiting the unit supply closet unsupervised. Soon after, Inmate Theophile is walking on the top tier catwalk and in the dayroom spraying an unknown solution from the spray bottle. The video footage is 2.37 minutes in length.

Deputies blamed for inmate leaving shower, passing contraband, running around and spraying
Inmates in Special Management units at Palm Beach County’s Main Detention Center are supposed to be secured in handcuffs whenever they’re outside their cells, including being escorted to the shower. (WPEC file)

“On October 15, 2021, [a video] shows Inmate Theophile exiting his unsecured cell #06 upper, retrieving the portable inmate phone cart from cell #08 upper, then returning to cell, and appearing to close his cell door. The footage is approximately 1.12 minutes in length.

Inmate Theophile is giving an unknown object to unknown inmates…

“On October 15, 2021, [a video] shows cell #04 lower access port open as an unknown inmate is tossing paper through his cell access port on unit floor. Inmate Theophile is giving an unknown object to unknown inmates in upper cells #03 and #04. Deputy Martin addresses the unknown inmate and lower cell #04 and Inmate Theophile picks up the paper.

INTERNAL AFFAIRS-RELATED:

“On October 15, 2021, [a video] shows Inmate Theophile spraying an unknown substance from a spray bottle as Deputy Jean-Julian sits at the officer’s desk. Inmate Theophile later walks back the way he came. The video footage is approximately 8.31 minutes in length.”

After the investigator described the videos, she described her interviews, starting with the sergeant who made the complaint.

The report said the sergeant answered questions saying he “was not the Zone Sergeant for South 6D” on the day of the incidents, and that “South 6D is a Special Management unit that houses inmates placed on Administrative and Disciplinary Confinement and Protective Custody.”

Also, “[The sergeant] confirmed South 6D is a two-deputy post that must have two deputies at all times. He further stated the deputies assigned to South 6D must be properly relieved by another deputy. Inmates housed in Special Management units will be secured in handcuffs whenever they are outside their cell per policy which includes inmates being escorted to the shower. [The sergeant] affirmed once the shower door is secured, the handcuffs will be removed. Inmates are not allowed to barter or trade items.”

…inmates will shake the door, causing the locked door to open.

According to the report, Martin confirmed the rules concerning Special Management unit South 6D. Then, according to the investigator, “I asked Deputy Martin on October 15, 2021, did he exit South 6D without being properly relied by another deputy. He replied, ‘Yes, I walked out of the dorm.’ Deputy Martin confirmed he secured the unknown inmate in the lower right shower and was unaware the unknown inmate had exited the shower. Deputy Martin further advised when he noticed the inmate had exited the shower, he asked him how did he get out of the shower and then secured him into his cell. Deputy Martin advised he did not notify a supervisor of the incident and that inmates will shake the door, causing the locked door to open. Deputy Martin advised October 15, 2021, was a busy day and he might have left Inmate Samuels in lower #23 and Inmate Albury in lower #24 access ports open. Deputy Martin confirmed that trustees are not allowed in South 6D and officers normally just allow a Protective Custody inmate out to clean the showers. No supervisor gave the authorization to allow a Protective Custody inmate out of their cell to clean. I asked deputy Martin if he made any attempts to secure Inmate Theophile with handcuffs and secure him into his cell. He replied, ‘No ma’am, and I did not let him out of his cell either.’ Deputy Martin further advised the upstairs deputy (Deputy Jean-Julian) whom he was working with on October 15, 2021, let Inmate Theophile out of his cell.”

Then, it was Jean-Julien’s turn to talk, and the report said he confirmed the supervision rules concerning Special Management unit South 6D.

It also said he confirmed Theophile “was outside of his cell without a deputy escort. I asked Deputy Jean-Julien if he made any attempts to secure Inmate Theophile with handcuffs and escort him to his cell. Deputy Jean-Julien replied, ‘He is the one that assist [sic] with the cleaning out of the showers and when he was not handcuffed that is what he was doing.’ Deputy Jean-Julien also stated, ‘That is the deputies [sic] discretion if they choose to allow Special Management inmates to clean in that manner.’ I asked Deputy Jean-Julien where did he obtain the information that it is the deputies [sic] discretion to allow confinement inmates out of their cell unhandcuffed and unescorted to clean. He replied, ‘It just [sic] common practice.’ Deputy Jean-Julien validated he reviewed the policy and procedures of the unit he is working.”

…not with him each time he entered and exited…

As for the rule about inmates not being allowed to barter, trade or pass contraband items, and their cell access ports are secured after each use unless they are using the telephone, “Deputy Jean-Julien advised Inmate Theophile was with supervision when he entered the supply closet, but he was not with him each time he entered and exited the unit supply closet. Deputy Jean-Julien said after speaking with inmate Albury, Tiyone in lower cell #24, the access port was left open because he was waiting to use the telephone. Deputy Jean-Julien advised he did not verify with the other deputy working South 6D (Deputy Martin) if Inmate Albury in lower cell #24 was being brought the telephone or being taken out for recreation which is why he did not secure the cell access port. Deputy Jean-Julien further stated, ‘I was not the particular deputy assigned to the bottom tier.’

…spraying an unknown substance from a spray bottle in the air is what he was suppose to do.

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“I asked Deputy Jean-Julien if he notices discrepancies in his unit and where he would address discrepancies or issues. He replied, ‘Yes, I would report it to facilities or the deputy working the unit. Deputy Jean-Julien confirmed that inmates are not allowed to control the use of the inmate phones. Deputy Jean-Julien confirmed that Inmate Theophile, Tyrie was walking and running throughout the unit with a spray bottle spraying an unknown substance in the air and advised he was doing the ‘necessary cleaning.’ I asked Deputy Jean-Julien if Inmate Theophile’s actions of spraying an unknown substance from a spray bottle in the air is what he was suppose [sic] to do. He replied, ‘No.’ Deputy Jean-Julien added that he never opened inmate Inmate Theophile’s cell door with his key. He continued by saying he don’t [sic] know who would let him out of the cell like that and that’s why he (Inmate Theophile) was able to do what he was doing. He further confirmed he was the assigned duty to South 6D top tier, and he did not make any attempts to call a signal or advise his supervisor when he noticed inmate Inmate Theophile had exited his cell without him opening his cell door.”

After that, the report said a labor representing Jean-Julian asked a clarifying question, about whether “Inmate Theophile’s cell door was secured and Deputy Jean-Julien replied, ‘Inmate Theophile’s cell was secure for sure.’”

These are the recommended findings:

A preponderance of evidence does exist to support Deputy Sheriff Bobby Martin violated Palm Beach County Sheriff’s Office Rules and Regulations (VII); Neglect of Duty Offenses (19); (Endangering Others Through Neglect of Duty).

A preponderance of evidence does exist to support Deputy Sheriff Bobby Martin violated Palm Beach County Sheriff’s Office Rules and Regulations (VII); Neglect of Duty Offenses (13); Neglect of Duty: Loafing, Inattention to Duties/Procedures to wit Corrections Operating Procedures 917.20 Reports of Incidents.

A preponderance of evidence does exist to support Deputy Sheriff Felix Jean-Julien violated Palm Beach County Sheriff’s Office Rules and Regulations (VII); Neglect of Duty Offenses (19); (Endangering Others Through Neglect of Duty).

A preponderance of evidence does exist to support Deputy Sheriff Felix Jean-Julien violated Palm Beach County Sheriff’s Office Rules and Regulations (VII); Neglect of Duty Offenses (13); Neglect of Duty: Loafing, Inattention to Duties/Procedures to wit Corrections Operating Procedures 917.20 Reports of Incidents.

The report was signed and dated Feb. 10, 2022. It was reviewed and approved on Feb. 18. On March 9, both Deputy Bobby Martin and Deputy Felix Jean-Julien were suspended for 32 hours without pay.

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