LASD - Visiting Center Indictment

8/13/2019 LASD - Visiting Center Indictment

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UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIA

September 2011 Grand JuryCR ~ R 1 3 = 0 5 7 4NITED STATES OF AMERICA

P la in t i f fv.

ERIC GONZALEZSUSSIE AYALAFERNANDO LUVIANOPANTAMITR ZUNGGEEMOGENOEL WOMACK and

Defendants.

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I N R I ~ J : M _ g N J :[18 U.S.C. 241: ConspiracyAgainst Rights; 18 u.s.c.

242: Deprivat ion of RightsUnder Color of Law]

20 The Grand Jury charges:21 INTRODUCTORY ALLEGATIONS22 At a l l t imes re levant to t h i s Indictment :23 1 . The Los Angeles County Sher i f f 1 S Department ( LASD 11 )24 was a law enforcement agency within the Centra l i s t r i ~ t of25 Cal i forn ia . Among o ther th ings the LASD was respons ib le for26 managing the Los Angeles County J a i l s . In addi t ion the LASD27 opera ted v is i t ing cen te rs where ind iv iduals were allowed to28 v i s i t those i nca rce ra ted in the Los Angeles County Ja i l s .

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The Los Angeles County Men s Central J a i l ( MCJ ) was2 one of the Los Angeles County Ja i l s and was s t a f f ed by LASD3 personne l inc luding deputy sher i f f s . Deputy she r i f f s were4 respons ib le fo r he lping to maintain order a t and provide secur i ty5 with in the MCJ and i t s v i s i t i ng cen te r .6 3 . Defendant ERIC GONZALEZ ( GONZALEZ ) was an LASD7 sergeant who supervised-deput ies working a t the v i s i t i ng center8 of t he MCJ.9 4 . Defendant SUSSIE AYALA ( AYALA ) was an LASD deputy

10 she r i f f ass igned to work a t the MCJ s v i s i t i ng center .5. Defendant FERNANDO LUVIANO ( LUVIANO ) was an LASD

12 deputy she r i f f ass igned to work a t the MCJ, inc luding a t i t s13 v i s i t i ng cen te r on o r about February 26, 2011.14 6 . Defendant PANTAMITR ZUNGGEEMOGE ( ZUNGGEEMOGE ) was an15 LASD deputy she r i f f ass igned to work a t the MCJ s v i s i t i ng16 cen te r .17 7 . Defendant NOEL WOMACK ( WOMACK ) was an LASD deputy18 she r i f f ass igned to work a t the MCJ s v i s i t i ng center .19 8. Vis i tor s genera l ly could not be in the same room as MCJ20 inmates . Ins tead v i s i t o r s could see MCJ inmates through a glass21 separa to r and could speak to MCJ inmates by using a telephone.22 Vis i tor s t he re fo re could not touch MCJ inmates .23 9. On o r about Ju ly 31, 2010, Vis i to r LF a r r ived a t MCJ to24 discuss Vis i tor LF s f a i l ed at tempt to v i s i t h i s brother who was25 an inmate a t a Los Angeles County J a i l .26 10. On o r about February 26, 2011, Vis i to r GC and Vis i to r27 GT a r r ived a t MCJ to v i s i t Vis i tor GC s bro ther who was an28 inmate a t MCJ.

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123 A

COUNT ONE[18 u.s.c. 241]

OBJECTS OF THE CONSPIRACY4 Beginning on a date unknown to the Grand j u ry and cont inuing5 to on o r about August 24, 2011, in Los Angeles County, within the6 Centra l Dis t r i c t of Cal i forn ia defendants GONZALEZ AYALA7 ZUNGGEEMOGE WOMACK and others known and unknown to the Grand8 Jury, conspired, and agreed to in jure oppress, th rea ten and9 in t imidate persons of the Sta te of Cal i forn ia in the f ree

10 exerc ise and enjoyment o f r igh ts secured to them under the11 Const i tu t ion and laws of the United Sta tes namely:12 1. The r i gh t to be f ree from unreasonable searches and13 se izu res which inc ludes : a) the r igh t not to be deta ined or14 a r res ted without probable cause; and b) the r i gh t to be f ree15 from the use of unreasonable force by law enforcement off i cers .16 2. The r i gh t not to be deprived of l i b e r t y without due17 process of law, inc luding the r igh t not to be subject to18 prosecut ion based on fa l s i f i ed evidence by one act ing under color19 of law.20 B. MEANS BY WHICH THE OBJECTS OF THE CONSPIRACY WERE TO BE21 ACCOMPLISHED22 The objec t s of the conspiracy were to be accomplished in23 substance as fol lows:24 1 Defendant GONZALEZ would maintain , perpetuate and25 fos te r an atmosphere and environment in the v i s i t i ng sec t ion of26 the MCJ tha t encouraged and to le ra ted abuses of the law,27 inc luding through the use of unjus t i f i ed force and unreasonable28 searches and se izures by deputy she r i f f s he supervised.

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2. Defendant GONZALEZ would reprimand deputy she r i f f s he2 superv ised for not us ing force on v i s i t o r s to the MCJ i f the3 v i s i t o r s had supposedly dis respected these deputy she r i f f s4 through the v i s i t o r s ' words o r conduct.5 3 . Defendant GONZALEZ would encourage deputy she r i f f s6 under hi s command to make unlawful a r re s t s , conduct unreasonable7 searches and se i zures , and engage in excess ive force .8 4 . Defendant GONZALEZ would pra i se over ly-aggress ive9 behavior by deputy s h e r i f f s and c r i t i c i z e deputy she r i f f s '

10 behavior t ha t was not aggress ive .11 5 . Defendants AYALA ZUNGGEEMOGE and WOMACK would a r re s t12 and de ta in ind iv idua l s , inc luding Vis i to r LF Vis i t o r EF and13 Vis i t o r UF without having p r o b b l ~ cause to bel ieve they had14 committed offenses warran t ing t he i r a r r e s t o r de ten t ion .15 6. Defendants AYALA ZUNGGEEMOGE and WOMACK would use16 unreasonable force on the ind iv iduals they a r r e s t ed and detained17 inc lud ing Vis i t o r LF Vis i t o r GC Vis i to r JT V is i to r EF and18 Vis i t o r UF.19 7. Defendants AYALA ZUNGGEEMOGE and WOMACK would prepare20 f a l s e and mis lead ing repor t s in an at tempt to show t ha t t he i r21 a r r e s t s were lawful and t he i r uses of force were j u s t i f i ed .22 8. Defendant GONZALEZ would a s s i s t deput ies in prepar ing23 these repor t s and would approve these repor t s knowing they were24 fa l se .25 9. Defendant GONZALEZ would brag t o o the rs a t the LASD26 about the excess ive use o f force by deput ies in the v i s i t i ng27 center .28 10. Afte r defendant GONZALEZ had been t r ans f e r r ed out of

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approximate ly August 5, 2010, when Vis i tor LF was re leasedbecause no charges were f i l ed agains t him.

Use of orce on i s i tor G6. On o r about February 26, 2011, defendant ZUNGGEEMOGE

deta ined and handcuffed Vis i tor GT on suspic ion of possess ing ace l l phone in the v i s i t i n g cen te r of the MCJ

7. On o r about February 26, 2011, defendant ZUNGGEEMOGEl ed V is i to r GT to the deputy break room, which had no windows andwas i naccess ib le to the publ ic .

8. On o r about February 26, 2011, defendant GONZALEZins t ruc ted defendant ZUNGGEEMOGE to a r r e s t V is i to r GC who was anassoc ia t e of Vi s i t o r GT

9 On o r about February 26, 2011, defendant ZUNGGEEMOGE14 then handcuffed V is i to r GC and led him to the deputy break room15 where V is i to r GT was deta ined .16 10. On o r about February 26, 2011, a f t e r en te r ing the17 deputy break room, defendant ZUNGGEEMOGE pushed Vis i tor GC18 aga ins t the r e f r i ge ra t o r causing a cu t on Vis i tor GC s face.19 11. On o r about February 26, 2011, defendant ZUNGGEEMOGE20 shoved V is i to r GC s hands, which were handcuffed, behind Vis i to r21 GC s back, upwards towards Vis i tor GC s shoulder blades, which22 caused Vi s i t o r GC pain.23 12. On or abou t February 26, 2011, defendant AYALA guarded24 Vis i tor GC and V is i to r GT in the deputy break room.25 13. On o r about February 26, 2011, defendant AYALA radioed26 other deput ies and informed them tha t V is i to r GC had s ta ted t ha t27 he would be able to defend himself agains t the deputy sher i f f s28 were he not in handcuffs .

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1 14. On o r about February 26 2011 defendants AYALA2 ZUNGGEEMOGE and WOMACK along with Deputy Sher i f f Fernando3 Luviano kicked punched and used unreasonable force on Visi tor4 GC5 15. On or about February 26 2011 defendant GONZALEZ6 ass i s t ed defendants AYALA ZUNGGEEMOGE and WOMACK along with7 Deputy Sher i f f Fernando Luviano and others in the i r report8 wri t ing so tha t a l l force used tha t day with r e l a t ion to Vis i tor9 GC and Vis i tor GT would appear legi t imate

10 16. On or about February 26 2011 defendant GONZALEZ11 approved the fa l se and misleading repor ts regarding the assaul t12 of Vis i tor GC13 17. On o r about February 26 2011 defendants GONZALEZ14 AYALA ZUNGGEEMOGE and WOMACK along with Deputy Sher i f f15 Fernando Luviano at tempted to cause Vis i tor GC to be fa l se ly16 charged with assaul t ing the deputy she r i f f s17 18. On or about February 26 2011 defendant GONZALEZ wrote18 a fa l se and misleading supervisory use of force report tha t19 at tempted to show tha t the force used agains t Vis i tor GC was20 j u s t i f i e d21 Use of orce on i s i tor T22 19. On or about May 5 2011 defendants AYALA and WOM CK23 ar res ted Vis i to r JT in the v i s i t i ng center a t the MCJ while he24 was walking away from the v is i t ing center25 20. On o r about May 5 2011 defendants ZUNGGEEMOGE and26 WOMACK led Vi s i t o r JT to the deputy break room which had no27 windows and was inaccess ible to the publ ic28 21. On or about May 5 2011 defendant ZUNGGEEMOGE grabbed

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1 V is i to r J T s neck and forced Vis i to r J T s head i n to a2 r e f r i ge ra t o r .3 22. On o r about May 5 2011 defendant ZUNGGEEMOGE and4 o ther LASD deputy she r i f f s threw Vis i to r JT to the f loor .5 23. On o r about May 5 2011 defendant ZUNGGEEMOGE used6 Oleores in Capsicum spray a l so known as pepper spray on Vis i to r7 JT s eyes .8 Unlawful rrests and Searches of i s i tor UF and i s i tor F9 24. On o r about June 6 2011 defendant Y L de ta ined

10 V is i to r UF ou ts ide of the MCJ because V is i to r UF had walked near11 the doors going i n to the v i s i t i ng cen te r .12 25. On o r about June 6 2011 defendant Y L used force on13 V is i to r UF by p lac ing handcuffs on him without having cause to14 be l ieve t ha t V is i to r UF had committed a crime.15 26. On o r about June 6 2011 a f t e r V is i to r EF had asked to16 speak to a superv i so r because of the a r r e s t o f V is i to r UF a co-17 consp i ra to r deputy s h e r i f f a r res t ed and de ta ined V is i to r EF18 desp i te the f a c t t ha t V i s i t o r EF had committed no crime and would19 have been immune from prosecut ion i f she had committed a crime.20 27. On o r about June 6 2011 a co-consp i ra to r deputy21 s h e r i f f used u n j u s t i f i e d fo rce on V is i to r EF by plac ing handcuffs22 on her without having probable cause to be l i eve t ha t V i s i t o r EF23 had committed a crime.24 28. On o r about June 6 2011 defendants Y L and others25 caused V is i to r UF and Vis i tor EF to be taken to the deputy break26 room which had no windows and was inacces s ib le to the publ ic ,27 desp i te the f a c t t ha t they had committed no crime and Vis i to r EF28 could not have been prosecu ted fo r any crime she had committed.

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29. On o r about June 6, 2011, while in the deputy break2 room, deputy Y L caused i s i tor EF to be searched wi thout3 having: a) reasonable suspic ion to be l ieve she had a weapon or4 contraband; or b) probable cause to bel ieve she had committed a5 crime.6789

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1 COUNT THREE2 [18 u.s.c. 242]3 On o r about February 26 2011 in Los Angeles County within4 the Central D is t r i c t of Cal i forn ia , defendants ERIC GONZALEZ5 PANTAMITR ZUNGGEEMOGE SUSSIE AYALA NOEL WOMACK and FERNANDO6 LUVIANO then sworn law enforcement of f i ce r s employed by the Los7 Angeles County S h e r i f f s Department while ac t ing under color of8 law assau l t ed Vis i tor GC which resul ted in bodi ly in jury to9 V is i to r GC and thereby wi l l fu l l y deprived Vis i tor GC of the10 r igh t secured and protec ted by the Const i tu t ion and laws of the11 United Sta tes to be f ree from unreasonable searches and se izures ,12 which inc ludes the r igh t to be f ree from the use of unreasonable13 force .141516171819202122232425262728

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COUNT FOUR2 [ 8 u.s.c. 242]3 On o r about May 5 2011 in Los Angeles County within the4 Centra l Dis t r i c t o f Cal i forn ia , defendant PANTAMITR ZUNGGEEMOGE5 then a sworn law enforcement of f i ce r and deputy she r i f f employed6 by the Los Angeles County She r i f f s Department while ac t ing7 under color of law assau l t ed Vis i tor JT which re su l ted in8 bod i ly in jury to V is i to r JT and thereby wi l l fu l ly deprived9 V is i to r JT of the r i gh t secured and protec ted by the Const i tu t ion

10 and laws of the United Sta tes to be f ree from unreasonable11 searches and se izures , which includes the r igh t to be f ree from12 the use of unreasonable force .13141516171819202122232425262728

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1 COUNT FIVE2 [18 u.s.c. 242]

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3 On or about June 6 2011 in Los Angeles County within the4 Centra l Dis t r i c t of Cal i forn ia , defendant SUSSIE AYALA then a5 sworn law enforcement of f i ce r and deputy she r i f f employed by the6 Los Angeles County Sh er i f f s Department while ac t ing under color7 of law unlawful ly a r res ted Vis i tor UF and thereby wil l fu l ly8 depr ived Vis i tor UF of the r i gh t secured and protec ted by the9 Const i tu t ion and laws of the United Sta tes to be f ree from

10 unreasonable searches and se izures .111213141516171819202122232425262728

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1 COUNT SIX2 [18 u.s.c. 242]3 On o r about June 6 2011 in Los Angeles County within the4 Centra l Dis t r i c t of Cal i fo rn ia , defendant NOEL WOMACK then a5 sworn law enforcement of f i ce r and deputy she r i f f employed by the6 Los Angeles County S h e r i f f s Department while ac t ing under color7 of law unlawful ly a r res ted and searched Vis i tor EF and thereby8 wi l l fu l l y deprived V is i to r EF of the r i gh t secured and protected9 by the Cons t i tu t ion and laws of the United Sta tes to be f r ee from

10 unreasonable searches and se izures .111213141516171819202122

A TRUE BILL

Forei/s;rsolf

ANDRE BIROTTE JR.United Sta tes Attorneyi1: D A L ~ss i s tan t United Sta tes AttorneyChief Cr iminal Divis ion

23 LAWRENCE S. MIDDLETONAss is tan t United Sta tes Attorney24 Chief Publ ic Corrupt ion and Civi l Rights Sec t ion252 6 LIZABETH RHODESBRANDON FOX27 MARGARET CARTERAss is tan t United Sta tes Attorneys28 Publ ic Corrupt ion and Civ i l Rights Sec t ion

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LASD - Visiting Center Indictment