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ALFRED — A jury has acquitted a former York County Jail corrections officer of assaulting an inmate last spring as the inmate was being removed from his cell. Charges against three other corrections officers have been dismissed, following a request to the court by the district attorney’s office.

 Roger Souliere, 30, of Kennebunk, was found not guilty of assault, criminal threatening and reckless conduct Nov. 30, following a trial at York County Superior Court that began the previous day. A jury deliberated for 54 minutes before delivering the verdict, according to documents on file at the court.

Charges of criminal threatening and assault against Daniel Roy, 26, of Lyman, and Michael Pitts, 27, of Biddeford, were dismissed, as were charges of assault, criminal threatening and reckless conduct against John Sibya, 24, of Alfred. Assistant District Attorney Justina McGettigan filed motions to dismiss the charges against Pitts, Roy and Sibya.

“The jury was carefully selected, and they weighed the evidence very dispassionately,” said McGettigan Friday. “While I am disappointed, I know they carefully considered all the evidence.”

She said she and counsel for all four defendants had met with the judge, and she was asked to pick the strongest case for trial. Given the Souliere verdict, she moved for dismissal of charges against the other three.

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“I am so happy it’s over,” said Roy of the incident. “It has ruined our lives.”

All four resigned their positions as corrections officers earlier this year ”“ Roy, employed at the jail eight months, said he and the others had little choice.

“We were told if we didn’t resign we would be fired,” he said.

Roy said he has hefty expenses associated with his defense and was out of work for a while but has returned to his previous career of installing radio towers.

Souliere, who had been a jail corrections officer for one and a half years, couldn’t be reached for comment, but his attorney, Jon Gale, said his client is “very happy” with the jury’s finding.

“I believe York County Jail overreacted,” said Gale.

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According to court documents, the four were charged with committing offenses involving Jason Robertson, who was in jail awaiting sentencing on a Class B robbery charge in connection with the October 2010 hold-up of Rite Aid in Biddeford. Robertson pleaded guilty, and on April 14, six days after the alleged incident with corrections staff, was sentenced to four and a half years in state prison with all but one year suspended.

York County Sheriff Maurice Ouellette said the allegations arose after the four officers responded to a maximum-security cell for a conduct issue with the inmate.

Ouellette, in a prior interview, said the alleged wrongdoing by corrections staff came as the officers were removing the inmate from his cell ”“ an operation called a “cell extraction” ”“ and attempting to place him in a restraint chair located in the booking department, several hundred feet away from the maximum-security unit. Following the incident, Robertson filed complaints about the officers.

“The (inmate) conduct that resulted in the response by the officers was a very egregious type of offense,” said Ouellette, in the prior interview, declining to be more specific.

Court documents show evidence introduced for trial that pointed to the inmate having smeared his cell walls with feces.

Gale on Friday said Robertson had filed 92 written complaints in the 30 days prior to the event, ranging from complaints about his blanket being too scratchy to being put in five-point restraints without cause.

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As to the complaint that resulted in charges against the four corrections officers, Gale said Robertson had alleged that while he was in his cell he was dropped on his face three times, his head was stepped on, and he was manhandled, but Gale said the man had no evidence of injuries to his face or head and was examined by a nurse later that day.

Gale said training on cell extraction was limited, and that Souliere had pulled the inmate by his restraints as to not cause pain.

“He was so unhappy to be described as someone who has assaulted and threatened an inmate,” said Gale. “He’s very happy to be cleared.”

As the criminal investigation played out, the sheriff’s office conducted a parallel, internal investigation. Ouellette said by law, a situation involving corrections staff conduct, whether it results in a conviction or not, must be reported to the Maine Criminal Justice Academy, which will decide whether to strip the three officers of their corrections certifications.

Roy, the fourth officer, said he had not been to the academy and was not certified.

When the charges were brought in May, Ouellette said he planned immediate retraining of staff in how to de-escalate situations and directed a supervisor be present when corrections officers are conducting a cell extraction, among other remedies.

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As to the criminal investigation, Ouellette pointed out the evidence was gathered and presented to the district attorney for review, and the four were indicted on the misdemeanor charges in May.

“We have policies and procedures, rules and regulations, as sheriff I have to follow,” said Ouellette on Friday. “We reacted to the incident. Corrections officers have a very difficult position, but when (conduct) reaches a certain level I have to react, by law and ethics.”

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.



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