Report on MDC guards’ macing and beating of inmate concludes use-of-force policy needed

An investigation into the macing and beating of a female inmate at Bernalillo County’s Metropolitan Detention Center in October found guards were not following an April directive from former MDC Chief Phillip Greer telling corrections officers not to use their mace except in dire situations.

Instead, the seven guards who were placed on temporary leavefor the incident, which was caught on video and obtained by KOB, said there were all following training and policy.

The report by Robert Caswell Investigations concluded there is no standardized training in place and there is a concern that new cadets are being taught different policies than corrections officers who have been with MDC for years.

It also concluded that the April directive from Greer conflicts with other policies, procedures and lesson plans.

The directive states that, ” Effective immediately and until further notice, no Correction Officer shall deploy their OC spray on an inmate locked in a cell/secured confinement barrier, who is not in the process of inflicting serious injuries to themselves, other inmates, or damaging department property. Yelling, using profanity, banging, etc. Does not require an immediate use of force to gain compliance or expected behaviors.”

“The policy emphasizes use of backup and supervisors to assist with uncooperative inmates,” the directive continues. “This was designed for officers to identify passive aggressive behavior and aggressive behavior.”

In the video of the incident, which was released Oct. 23, you see MDC guards enter Chavez’s cell. They take her out and pat her down, though the reason for the search remains unknown.

The guards walk her to an area just outside her cell door as a guard does a sweep of her cell.

One guard takes her to the corner while the guard searching her cell steps out and begins talking to her. He then goes back into her cell.

When he comes back out, he has a garbage bag with some items in it. He places it on the ground.

Chavez appears to have her hands behind her back in the corner with the other guard still watching her.

But the guard who just emerged from her cell walks right up to her and maces her in the face.

At that point, Chavez reacts. A guard throws her to the ground and several more join in on top of her.

One of the guard appears to punch and knee her in the side several times. She was a high-risk inmate and had a history of fighting with corrections officers.

But because of the discrepancies, investigators determined each officer believed they should be cleared of any excessive force allegations, citing their training and MDC policies.

Greer abruptly resigned from his post as MDC Chief Oct. 29 – just days after the video was made public. No reason for his resignation was given. He took the job in January.