Slain officer had warned about prison violence

Two weeks before a prison siege in Smyrna resulted in the death of a correctional officer, the man who was killed had warned his supervisors that tension among inmates was brewing.

Lt. Steven Floyd – promoted posthumously following the Feb. 1 prison siege – was not specifically named in a report released Sept. 1, but he is the only casualty of the 19-hour siege that involved four hostages.

In February, Gov. John Carney commissioned an independent review of security issues at the James T. Vaughn Correctional Center to determine events that led up to the prison siege in an effort to improve prison life for both officers and inmates.

During a press conference in Wilmington, Carney said the criminal investigation continues to examine specifics of what happened Feb. 1. No one has been charged, and Carney released no new details on how Floyd died.

“I've been frustrated with the amount of time it has taken,” Carney said of the criminal investigation.

An internal investigation will also take place, Carney said, but it will begin only after the criminal investigation is completed so as not to interfere.

The report states that several correctional officers reported that on Jan. 15, inmates in the same building that would be taken siege two weeks later refused to return to their cells following a recreation period. They insisted on speaking with a supervisor regarding inmate privileges in the building. The report states the incident was resolved peacefully, but correctional officers identified certain inmates who should be removed from the building, at least temporarily.

Former U.S. Attorney Charles Oberly, who conducted the review along with former Judge William L. Chapman Jr., said more than five men were involved with the siege.

“Officer Floyd did recognize there were individuals that he thought should be moved, and it came down five days after the incident in January,” Oberly said. “Had [his requests] been acted upon ... his death may have been avoided.”

Carney said it is troubling to know staff had sounded an alarm but it was not sufficiently acted on.

A breakdown of communication among supervisors and administrators was discovered during the independent review.

In an interview with an unidentified Vaughn executive, the executive said, “The culture of respect was not there. We knew this was going to happen,” referring to the Feb. 1 siege.

A line officer interviewed said, “Some groups of officers feel empowered to be vulgar, provocative and harassing to inmates.”

Inmates expressed similar concerns about a lack of communication by officers and also an absence of structure. Rules are enforced inconsistently; some guards are more lenient than others, the report states.

In a letter written by an inmate, three officers were identified as the most aggressive, confrontational and disrespectful. “Only worst (stet) were the four horsemen,” the letter stated, specifically naming four lieutenants.

Carney said he is confident new leadership will improve the prison system. “I do have confidence in the commissioner that he can change things,” he said.

Former Deputy Commissioner Perry Phelps was named commissioner in January 2017 after former Commissioner Robert Coupe was named secretary of Delaware Department of Safety and Homeland Security. Dana Metzger was named warden of JTVCC in May, replacing David Pierce, who had served as warden since 2013.

Union weighs in

Minutes after Carney concluded his press conference, the Correctional Officers Association of Delaware released its opinion of the independent review, stating there appears little new in the analysis.

President Geoffrey Klopp compared the report to The Minner Report – released by former Gov. Ruth Ann Minner following a 2004 rape of a prison counselor, which also resulted in a standoff at JTVCC.

“This report has the potential to go the way of The Minner Report and later reviews by the Minner-Carney administration,” Klopp said. “The report is a nice exercise, but nothing substantial will change because of it.”

Still, Carney said he believes the internal review will address staff concerns that have been raised over mandatory overtime and staffing shortages. He also said the criminal investigation will determine what happened during the Feb. 1 siege.

“It's important to assign responsibility to make sure people are held accountable for what was done,” Carney said.

Synopsis of report recommendations

• Facilitate a more positive culture among staff and between staff and inmates

• End masked mass shakedowns by the Correctional Emergency Response Team

• Reduce reliance on mandatory overtime and limit staff overtime hours

• Debriefing of critical incidents for all staff

• Mandate officer safety and wellness training

• Establish a contraband introduction unit to decrease the amount of contraband in the facility

• Increase and improve officer training

• Improve communication

• Cameras, radios and other technology are needed to improve security

• Review mental health and healthcare provided to inmates

• Provide programs to help inmates successfully re-enter society

• Rebuild trust with inmates.