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Correction officer to stand trial for incident with inmate
By uticaod.com - ROCCO LaDUCA
Published: 03/15/2012

UTICA, NY — A state correction officer and Frankfort town police officer accused of assaulting an inmate at the Mid-State prison facility in Marcy more than two years ago is due to stand trial in early May.

Michael Wehby, 51, made a brief appearance in Oneida County Court Wednesday morning so Judge Michael L. Dwyer could set a trial date for Monday, May 7.

Wehby was charged with second-degree and third-degree assault for allegedly injuring a 45-year-old inmate in the dining hall at the state prison on Jan. 15, 2010.

Wehby’s attorneys, Michael Daley and Mark Curley, however, plan to argue that the inmate’s injuries only occurred as Wehby tried to “subdue” the considerably larger convict, who had confronted Wehby first. The inmate reportedly suffered a head wound after he was struck by Wehby’s duty radio.

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Comments:

  1. jamestown0509 on 03/19/2012:

    This happens quite frequently in corrections where an inmate who is injured files a notice of claim against the officers, the facility and everyone in-between. Having been on the receiving end of one of those lawsuits I know firsthand all of the trouble these cause for the officer and the department. In my case being a professional CO and documenting what I did during the incident made strides with the jury in federal court and I won the dismissal of the case. I can't emphasize more strongly on being a professional at your job at all times when dealing with inmates. You can't go pounding on an inmate just because they ticked you off and the use of excessive force is going to come back at you in court. You have a right as an officer to subdue inmates when a fight breaks out or the inmate makes an aggressive move toward you, certainly you can defend yourself. The use of force continuum is very important to correction officers. [Officer presence>Verbal command>soft hand techniques>use of pepper spray or Tasers (if allowed> hard-hand techniques, and lastly DPF [deadly physical force].You must retreat if the inmate retreats. Its that simple. If the inmate comes after you again after being restrained you start with the use of force continuum based upon their level of attack towards you.Most jails and prisons now have cameras everywhere, hallways, dorms, tiers, booking rooms, teaching rooms, etc. Of course management will tell you the cameras are there to observe the inmates actions and document incidents but in reality they are also there to watch the officer and his/her actions. In summary if you always conduct yourself as a professional correction officer and document correctly what you did in an incident report you won't have to worry about being sued by inmates. You are doing your job.


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