United States v. Wilson

344 F. App'x 134
Court of Appeals for the Sixth Circuit·Decided August 25, 2009·No. 07-5825·Unpublished·Cited by 2 cases

Opinion

CLAY, Circuit Judge.

Defendant Donald R. Wilson appeals from a judgment entered following a jury trial convicting him of one count of depriving inmate Joshua Roberson of his Eighth Amendment rights, resulting in bodily injury, in violation of 18 U.S.C. § 242. On appeal, Wilson argues that the district court erred in denying his motion for acquittal under Rule 29 of the Federal Rules of Criminal Procedure because the government presented insufficient evidence for the jury to find that Roberson sustained bodily injury. In addition, Wilson challenges the district court’s denial of his motion for severance, arguing that joinder was improper and that the failure to sever Wilson’s trial from that of his co-defendant, Stanley C. Hawkins, prejudiced his defense. For the reasons set forth below, we AFFIRM Wilson’s conviction and sentence.

I. BACKGROUND

A. Factual Background

In 2002, Wilson was appointed Jail Administrator and Chief of Corrections of the White County Jail in Sparta, Tennessee (the “Jail”). In that position, Wilson had responsibility for the day-to-day operations of the Jail, as well as supervisory authority over the corrections officers working at the Jail. Wilson created the position of correctional sergeant to assist him in supervising the correctional officers, and selected Hawkins for the position.

On May 5, 2004, Roberson, an inmate at the Jail, was involved in an altercation with Officer Weldon, a night-shift corrections officer. Officer Weldon testified that Roberson had refused to return to his cell at the conclusion of his recreation time and that, when Officer Weldon informed Roberson that he had to return to his cell, Roberson “got irate ... and came charging up the staircase” at Officer Weldon. (Tr. Vol. II at 208.) Roberson then “yelled” and “hit” Officer Weldon and grabbed Officer Weldon’s arm, “frying to pull [him] down the stairs.” (Tr. Vol. II at 209.) After another officer arrived to assist Officer Weldon, Roberson returned to his cell. Officer Weldon was not injured during the incident.

The next morning, as part of the routine “pass down” from the night shift, night-shift officers informed Wilson that Roberson had attacked Officer Weldon. Prior to May 6, 2004, Roberson was housed in one of the Jail’s isolation units, cell 139, which had a toilet, drain, and shower inside of the cell. After Wilson learned of Roberson’s attack, however, Wilson ordered Officer Weldon and several other corrections officers to bring Roberson to the intake area of the Jail, place him in a straightjacket, and lock him in one of the intensive management or “intake” cells.

Shortly after officers restrained Roberson in the straightjacket in cell 107, Roberson needed to use the restroom. Accordingly, several officers removed Roberson from the straightjacket and escorted him *136 to the restroom. When Roberson returned from the restroom, Wilson was present in the intake area, and “ges-tur[ed]” for Roberson to “get in [his] cell.” (Tr. Vol. VII at 70.) Roberson then threw his breakfast tray on the floor and “grabbed [Wilson] and started hitting him” in the head. (Tr. Vol. VI at 141.) Eventually, several corrections officers restrained Roberson and helped Wilson out of the cell.

After officers locked Roberson in his cell, Wilson ordered Officer Garrett to open Roberson’s cell door. Wilson then entered Roberson’s cell and, according to Officer Garrett, “told [Roberson] that he wasn’t scared of him and that [Roberson was] going to fucking pay” for attacking Wilson. (Tr. Vol. Ill at 21.) Wilson also told Roberson that Roberson would remain in cell 107 “until hell freezes over or [Roberson] g[o]t out of jail.” (Id.) After Wilson left Roberson’s cell, Officer Farrell accompanied Wilson to the hospital to receive medical treatment for the cut on his eye.

While at the hospital, Wilson told Officer Farrell to relay orders to the other corrections officers that Roberson be kept in cell 107 in his boxer shorts and a straightjacket “23 hours a day” until Wilson said differently. (Tr. Vol. VII at 76.) Wilson issued similar orders when he returned to the Jail later that day. For example, Officer Garrett testified that Wilson ordered con’ections officers to keep Roberson “in his skivvies in the straightjacket” and that “[t]he only time he was to be out of the straightjacket was either when he showered or when he ate or when he went to the bathroom.” (Tr. Vol. Ill at 47.) However, after “realizing]” that he could not keep Roberson in the straightjacket all day, Wilson ordered corrections officers to keep him in the straightjacket and to restrain him while out of the straightjacket for equal lengths of time 1 “until further notice.” (Tr. Vol. VII at 79.) Further, Wilson directed that Roberson be restrained with handcuffs and shackles during the time Roberson was not wearing the straightjacket. Wilson also ordered that Roberson could not have a blanket or a mattress in his cell. In addition, Wilson’s orders required that three male officers, at least one armed with a baton, be present when Roberson’s cell was opened. Wilson subsequently posted a handwritten order directing corrections officers to keep Wilson in a straightjacket from 6 p.m. to 6 a.m. and reiterating the requirement that three male officers, at least one armed with a baton, be present to escort Roberson from his cell.

At trial, the government elicited substantial testimony regarding the effect of Wilson’s orders. Officer Miller stated that there were not always three male officers working during a shift, which meant that Roberson would have to stay in the cell throughout the entire shift. Similarly, Officer Ferrell testified that the three-man rule meant Roberson frequently had to wait long periods of time to use the bathroom, eat, and shower. Because the three-man rule made it difficult for Jail staff to let Roberson out of his cell during shifts, he often urinated on himself in his cell. 2

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United States v. Wilson, 344 F. App'x 134 (6th Cir. 2009).

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