3 Correctional Officers Accused of Murder after Inmate’s Death

Three Santa Clara County jail guards have been accused of homicide, conspiracy and assault under the color of authority in connection to an inmate’s death last week.

Correctional officers Jereh Lubrin, 28; Matthew Farris, 27, and Rafael Rodriguez, 27, were arrested Thursday and held without bail. The District Attorney has yet to officially charge them.

The three correctional officers—employees of the Sheriff’s Office but not sworn deputies—are accused of beating to death 31-year-old mentally ill inmate Michael James Tyree. Detectives gave the guards a chance to make a statement upon their arrest, but they pleaded the Fifth.

"I'm unable to disclose all of the evidence that points to the culpability of these three individuals, but it's unmistakable that .... committed this cowardly and heinous act against an unarmed individual they were entrusted to protect," Sheriff Laure Smith said at a press conference Thursday.

Tyree, a low-level offender in protective custody on the sixth floor of San Jose's Main Jail, reportedly suffered internal bleeding after an encounter with the guards. He was reported dead in his cell—his naked body covered in vomit and feces—just after midnight on Aug. 27.

Tyree, who was homeless, was serving a five-day sentence for misdemeanor drug possession and petty theft. Officials planned to transfer him to a mental health facility the very next day.

On the evening of Aug. 26, deputies Lubrin, Rodriguez and Farris conducted a routine clothing search in the 6B wing, a warren reserved for inmates who need special protection. Tyree was locked alone in his cell, Smith said.

According to the Merc, inmates heard Tyree cry for help when the three officers were in his cell forcing him to take his medication. He fell silent after the guards left.

An hour later, just after midnight on Agu. 27, Lubrin returned to the 6B wing to begin a routine welfare check. He issued a "man down" call over his radio. According to Lubrin's own incident report, he found Tyree's filth-covered body on the floor of the cell. Rodriguez helped Lubrin drag the body out of the cell and attempted to resuscitate Tyree. 

Paramedics arrived minutes later and pronounced him dead. Jail officials alerted detectives, the DA's homicide unit and a pathologist.

Officials suspected foul play after watching surveillance videos, reviewing evidence and interviewing witnesses. County Medical Examiner Joseph O'Hara confirmed those suspicions by ruling Tyree's death a homicide, authorities said. 

Smith said she moved the investigation along quickly because the evidence was so incriminating. 

"I made the decision after thoughtful consideration and consultation with our investigative team and command staff that the three accused must be taken off the streets as soon as possible," she said. 

Two of those officers were arrested at their homes and the other turned himself in this morning. They were booked at the same jail where Tyree died. Hours later, they were transferred to Santa Rita Jail in Dublin, where they will be isolated from other inmates. 

"I'm compelled again to say it pains me that those sworn to protect lose their moral compass," Smith said at the press conference. 

Paula Canny, an attorney representing Tyree's family, said that even though the victim was an inmate, his life held value. 

"Michael was somebody's brother, somebody's son, somebody's cousin, somebody's nephew," Canny said. "Michael had struggled many years with mental illness. In reality, he was in custody as a result of criminal acts—allegedly occurring—that really were results of mental illness."

Tyree's death, she said, shows a systemic failure to treat mentally ill people. Tyree was in jail only because there was no room for him at a mental health facility. 

Last week's in-custody death has drawn comparisons to a 1995 case that erupted in controversy over how jails treat mentally ill inmate. Joseph Leitner, manic-depressive, fell into a coma after guards placed a blanket over his head in an attempt to restrain him as they dragged him to the eighth-floor psych ward.

Like Tyree, he was a low-level offender, locked up on a public nuisance charge. The officers handling Leitner were fired, but won their jobs back through arbitration. 

This story has been updated.

Below is a video of the entire press conference.

Jennifer Wadsworth is the news editor for San Jose Inside and Metro Silicon Valley. Email tips to [email protected] or follow her on Twitter at @jennwadsworth.

41 Comments

  1. Channel 2 included a segment with a veiled mother of a former inmate who had allegedly been threatened by one of the three. Look for prior complaints. If these 3 are criminals, they did not become criminals just last week.

  2. > “I’m compelled again to say it pains me that those sworn to protect lose their moral compass,” Smith said at the press conference.

    Oh wow.

    Sounds to me like someone’s loose lips are handing defense lawyers a “get out of jail free” card.

    • The key factor and tragedy in this incident is what the reporter properly pointed out and it should come as no surprise that the 3 correctional officers involved in this incident WERE NOT SWORN DEPUTIES. Why does this matter? It matters for all the reasons that the Santa Clara Co. Deputy Sheriff’s Association warned it would years ago when the “correctional officer” position was created and touted as a glorious and innovative program to reduce the cost of jail operations. It should have been obvious to even the most dimwitted political dullard, that replacing sworn deputies with “community service turnkeys” was, as the deputies had warned, false economy.

      Correctional officers are not as well trained as sworn deputies are, they don’t have the same breadth of experience dealing with violent and/or mentally ill people as deputies do, and correctional officers are not required to meet the same background and education standards as a sworn deputy who, as a sworn peace officer, must meet stringent and strict State standards both before and after employment.

      I do not make these statements capriciously. For a period of time, again, as a “cost saving” measure, the Sheriff’s office was outsourcing its background investigations of correctional officer candidates to a (non-law enforcement affiliated) private company. I know of at least one SJPD background investigator who was checking into the backgrounds of 2 correctional officers who were at that time working for the Sheriff’s Office but who had applied to SJPD. Both of these candidates were found to have criminal records, that had apparently been overlooked, or ignored, by the private company investigators. Both candidates were disqualified for SJPD, and the Sheriff’s Office was notified. Let’s hope the Sheriff’s Office has improved its hiring standards and process in relation to non-sworn correctional officers but something tells me it hasn’t.

      • Mr. J.S. Robillard,

        Your information and sources seem to embellish the real facts. No disrespect, but I’m here to give you an education. Maybe next time you should probably think before you slander.

        First, the three Correctional Officers you refer to were sworn in as Correctional Deputy Sheriffs. The positions you are referring to are sworn and are considered peace officers under the California Penal Code. The one thing you have right is it is not a “full-time” deputy but they are deputies. Correctional Deputies do not have the same training as full Deputies because Learning Domain sections that pertain to street deputies such as vehicle codes and domestic disturbances do not apply inside the jail. As far as dealing with violent and the mentally ill, I would say the Correctional Deputies have more experience because of the obvious, that is all they deal with all day long (i.e. gang removals, race fights, continual mental outbursts).

        Well Mr. J.S. Robillard, to continue….. you mentioned background standards. All Deputy Sheriffs and Correctional Deputy Sheriffs go through a California POST Background. All prior Correctional Officers went through a California POST background. There are two standards for California POST backgrounds, Peace Officers and Dispatchers. I hate to complicate matters for you Mr. Robillard but the entire Correctional Officer / Deputy process follow the California POST model (Written, PHQ, Oral Board, Psychological Written, Psychological Oral, Medical). Therefore your claim of not “stringent and strict State standards” has been debunked. For your information, background and education standards “after employment” are non-existent. The only thing that governs duration of employment is the California Government Code and department policy. Essentially, any dis-qualifiers of being a peace officer can bar you from sworn status. A good example of this would be former San Jose Police Officer Stephen Gallagher and his plea of guilty in the molestation of his 11-month old daughter (Santa Clara County Superior Court record, February 2005). So there is no ongoing background or updated background you talk of (debunked). An interesting fact regarding former Correctional Officers now Correctional Deputies. When the Sheriff’s Office took complete control of the Department of Corrections, Correctional Officers voluntarily went through a California Post Background update and an updated Psychological written and oral. This is very uncommon in sworn positions. Peace officers fulfill one background pre-hire and will never do another background again unless transferring to another agency.

        As far as “non-law enforcement affiliated private background companies,” law enforcement agencies (police departments / sheriff’s departments) contract all the time with these types of companies. To give some examples, Santa Clara County Sheriff’s Deputies, Correctional Deputies, and Correctional Officers have used “Preferred backgrounds” since around 2000 (Santa Clara County Budget plan 2000-present). San Jose Police Department contracts their backgrounds out now to multiple non-affiliates. Smaller agencies such as Foster City Police contract out. Is the public getting these lesser qualified candidates that your speak of? Mr. Robillard you should probably have done your homework on this…. These non-affiliated companies must follow the POST standard or be held liable. Your argument is debunked.

        While POST backgrounds are of extreme confidentially nature, I must for warn you Mr. Robillard, your San Jose Police Backgrounder that you know of that disclosed information to you (or you are that backgrounder) regarding former applicants can be held civilly liable for disclosing confidential information per California POST and the California Government Code section. But… since you brought it up, let me address the issue. For your information, believe it or not, applicants with criminal records can be hired into peace officer positions. So the “criminal records” your SJPD “background source” refers to were definitely misdemeanor convictions, not felonies. An example of this is (i.e. drunk in public, DUI, reckless driving). That is great the SJPD source divulged this information to the department but I can assure you the private company that completed the two correctional officers’ backgrounds had that information as well as the department. All applicants for any type of law enforcement position are ran in Coplink, the FBI database and the California DOJ’s database. It appears your SJPD backgrounder friend is embellishing the facts or they probably need to attend a CA POST certified background course. I do know at San Jose Police Department some of the light duty position backgrounders didn’t go through a CA POST background course but were doing backgrounds. Hmmm maybe San Jose Police should have a POST audit regarding backgrounds or maybe that is part of the reason SJPD outsources backgrounds now. Mr. Robillard, once again you have been debunked. The reason why the correctional officer candidates were disqualified were probably for a combination of reasons or not meeting San Jose Police standards, not the “criminal records” solely. For your information, every department has different standards for hiring. Probably explains why no San Jose Police applicants can get hired as laterals with the Sheriff’s Office.

        Mr. Robillard, I’m sorry to embarrass you in public but sometimes that what it takes to correct impulsive non-factual comments like yours. Mr. Robillard, your credibility is now shot. If you were a peace officer on the stand, you would have committed perjury, a felony, and would not be able to get hired into any California Peace Officer position.

        For the rest of the public reading this, I am certainly not defending the actions of the sworn Correctional Deputies. If they are found guilty of the crime, they must complete their punishment no matter what is given. Sworn officers / deputies do good, make mistakes and a very few (.001) commit criminal acts. What I’m trying to say is these people are human. We will never get a perfect person in law enforcement. When criminal acts are committed, they will be dealt with. This criminal element exist all over the United States, including the San Jose Police Department. So there are the J.S. Robillards of society who like to act like they have the answers to problems. He doesn’t. He hasn’t a clue. So let this be a lesson.

      • Mr. J.S. Robillard,

        Your information and sources seem to embellish the real facts. No disrespect, but I’m here to give you an education. Maybe next time you should probably think before you slander.

        First, the three Correctional Officers you refer to were sworn in as Correctional Deputy Sheriffs. The positions you are referring to are sworn and are considered peace officers under the California Penal Code. The one thing you have right is Correctional Deputies are not considered “full-time” because they don’t have arrest powers off-duty, but they are sworn deputies. Correctional Deputies do not have the same training as full Deputies because Learning Domain sections that pertain to street deputies such as vehicle codes and domestic violence do not apply inside the jail. As far as dealing with violent and the mentally ill, I would say the Correctional Deputies have more experience because of the obvious, that is all they deal with, all day long (i.e. gang removals, race fights, riots, continual mental outbursts).

        Well Mr. J.S. Robillard, to continue….. you mentioned background standards. All Deputy Sheriffs and Correctional Deputy Sheriffs go through a California POST Background. All prior Correctional Officers went through a California POST background. There are two standards for California POST backgrounds, Peace Officers and Dispatchers. I hate to complicate matters for you Mr. Robillard but the entire Correctional Officer and Correctrional Deputy process follow the California POST model (Written, PHQ, Oral Board, Psychological Written, Psychological Oral, Medical). Therefore your claim of not “stringent and strict State standards” has been debunked. For your information, background and education standards “after employment” are non-existent. The only thing that governs duration of employment is the California Government Code and department policy. Essentially, any dis-qualifiers of being a peace officer can bar you from sworn status. A good example of this would be former San Jose Police Officer Stephen Gallagher and his plea of guilty to a felony charge of molestation of his 11-month old daughter (Santa Clara County Superior Court record, February 2005). So there is no ongoing background or updated background you talk of (debunked). An interesting fact regarding former Correctional Officers now Correctional Deputies. When the Sheriff’s Office took complete control of the Department of Corrections, Correctional Officers voluntarily went through a California Post Background update and an updated Psychological written and oral. This is very uncommon in sworn positions. Peace officers fulfill one background pre-hire and will never do another background again unless transferring to another agency.

        As far as “non-law enforcement affiliated private background companies,” law enforcement agencies (police departments / sheriff’s departments) contract all the time with these types of companies. To give some examples, Santa Clara County Sheriff’s Deputies, Correctional Deputies, and Correctional Officers have used “Preferred backgrounds” since around 2000 (Santa Clara County Budget plan 2000-present). San Jose Police Department contracts their backgrounds out now to multiple non-affiliates. Smaller agencies such as Foster City Police contract out. Is the public getting these lesser qualified candidates that your speak of? Mr. Robillard you should probably have done your homework on this…. These non-affiliated companies must follow the POST standard or be held liable. Your argument is debunked.

        While POST backgrounds are of extreme confidentially nature, I must for warn you Mr. Robillard, your San Jose Police Backgrounder that you know of that disclosed information to you (or you are that backgrounder) regarding former applicants can be held civilly liable for disclosing confidential information per California POST and the California Government Code section. But… since you brought it up, let me address the issue. For your information, believe it or not, applicants with criminal records can be hired into peace officer positions. So the “criminal records” your SJPD “background source” refers to were definitely misdemeanor convictions, not felonies. An example of this is (i.e. drunk in public, DUI, reckless driving). That is great the SJPD source divulged this information to the department but I can assure you the private company that completed the two correctional officers’ backgrounds had that information as well as the department. All applicants for any type of law enforcement position are ran in Coplink, the FBI database and the California DOJ’s database. It appears your SJPD backgrounder friend is embellishing the facts or they probably need to attend a CA POST certified background course. I do know at San Jose Police Department some of the light duty position backgrounders didn’t go through a CA POST background course but were doing backgrounds. Hmmm maybe San Jose Police should have a POST audit regarding backgrounds or maybe that is part of the reason SJPD outsources backgrounds now. Mr. Robillard, once again you have been debunked. The reason why the correctional officer candidates were disqualified were probably for a combination of reasons or not meeting San Jose Police standards, not the “criminal records” solely. For your information, every department has different standards for hiring. Probably explains why no San Jose Police applicants can get hired as laterals with the Sheriff’s Office.

        Mr. Robillard, I’m sorry to embarrass you in public but sometimes that what it takes to correct impulsive non-factual comments like yours. Mr. Robillard, your credibility is now shot. If you were a peace officer on the stand, you would have committed perjury, a felony, and would not be able to get hired into any California Peace Officer position.

        For the rest of the public reading this, I am certainly not defending the actions of the sworn Correctional Deputies. If they are found guilty of the crime, they must complete their punishment no matter what is given. Sworn officers / deputies do good, make mistakes and a very few (.001) commit criminal acts. What I’m trying to say is these people are human. We will never get a perfect person in law enforcement. When criminal acts are committed, they will be dealt with. This criminal element exist all over the United States, including the San Jose Police Department. So there are the J.S. Robillards of society who like to act like they have the answers to problems. He doesn’t. He hasn’t a clue. So let this be a lesson.

        • Looks like to me Mr.Robillard is a liar or not very credible to me. Where did he get his info. Thanks Mike the Taxpayer for the info. He must be an attorney or some kind of law enforcement expert. Great job with your response. Mr. Robillard probably works for SJPD and couldn’t get hired by Santa Clara County. I would love to her a response from Robillard regarding Mike the Taxpayers’ comments.

          • Mr. T and C,

            Despite any amount of fatuous whining to the contrary, the facts are that in Santa Clara County, deputies are more carefully selected, better screened, required to have more education, have better training and develop a greater depth of experience and skill in dealing with violent persons than do correctional officers.

            This is not to say that incidents such as the one under discussion here would never happen if deputies were involved. It is only to say that the better trained, and the more skilled the personnel are, the less likely incidents like this are to happen. It’s a simple, time proven concept. It amazes me that neither you nor “Mike the TxP” seem able to grasp this. The Deputy Sheriffs Assoc warned of this back when the “correctional officer” job classification was created. The DSA was ignored but what they predicted would happen, has happened and unless something significant changes in jail operations, these types of incidents are bound to become more common.

            As well, it should surprise no one that in order to protect her image, Sheriff Smith is quick to establish a “chain of blame” and find scapegoats to throw under the bus. As usual, it is those who do all the work and take all the risks, in this case it is the correctional officers, who are the unfortunate “political cannon fodder”.

        • Looks like to me Mr.Robillard is a liar or not very credible to me. Where did he get his info. Thanks Mike the Taxpayer for the info. He must be an attorney or some kind of law enforcement expert. Great job with your response. Mr. Robillard probably works for SJPD and couldn’t get hired by Santa Clara County. I would love to her a response from Robillard regarding Mike the Taxpayers’ comments.
          Every department has incidents but very few. Regarding SPPD, Mr. Robillard how about the “Brady Bunch” officers.

        • Good job Mike the Taxpayer. You put Robillard in his place. I think he is not very credible and a flat out liar. You must be a law enforcement expert or an attorney. I hope Robillard responds to Mike the Taxpayer. Robillard probably works for SJPD and couldnt get hired by Santa Clara County.

        • Mr. Mike the TxP,

          The point I was attempting to make to grown-ups, those able to avoid emotional over-reaction and tantrum throwing, was that in an ill-advised effort to save money, the County lowered standards to create a separate job classification, i.e., “corrections officer” (or whatever the job title is nowadays) so that it could staff the jail with lesser skilled, and therefore lower paid, personnel instead of deputies. Anyone who is capable of coherent, non-hormonal thought would see that is not slander.

          Deputies are sworn peace officers. Deputies must complete a full P.O.S.T. (Police Officers Standards and Training) Academy and (at least in Santa Clara County Sheriff’s Office) must have a minimum of 60 semester units of college education. Deputies work under the auspices of the Sheriff.

          Custodial officers complete only a correctional officer course which is much abbreviated compared to the standard POST police academy. Custodial officers are only required to have a high school diploma, or even just a G.E.D. Custodial officers work under the auspices of the Santa Clara County Dept. of Correction (I checked their web page). Some custodial officers have LIMITED police officer powers so that they can wear a gun while transporting prisoners.

          Deputies who work in the jail and have also worked the streets have a broader base of experience dealing with violent persons under a wider range of circumstances than custodial officers. If you don’t understand why that makes a difference, I can’t help you.

          While the process has hopefully been improved since then, when the custodial officer position was first created, they were not sworn peace officers and while they did go through a background investigation that attempted to approach thorough, custodial officers, at that time, did not go through a background investigation that met the same stringent requirements and state mandated standards as did sworn peace officers. If you had done your research, you would have known this. I cannot resist the immature impulse to say, “Go ‘debunk’ yourself”.

          You mentioned: “For your information, background and education standards “after employment” are non-existent”…What!? Once a conditional offer of employment is made and accepted, as well as during the probationary period, if at any time any false or disqualifying information or behavior is discovered, that candidate may and likely will be terminated. These things are monitored.

          As well, I was not saying that private companies do not, cannot or should not necessarily do pre-employment background investigations. The point I was trying to make was that the quality of their investigations is too often lacking. I could teach a chimp to type someone’s name into a computer mask and do an automated check through Coplink, DOJ, and FBI automated databases but it seems that some of these “preferred background mills” did little more than type the candidate’s name into a “Google” search box. Background investigations should be done by “investigators” not typists. Although these private companies are supposed to follow state guidelines, it seems that too many of them don’t; but then why should they? Is any sort of evaluation ever done on their investigative quality? SJPD has officers specifically assigned to the Personnel Unit and these persons have completed intensive POST training. When additional investigators are required on a temporary basis, these are put through an in-house training program and work under close supervision where their “finished product” is reviewed by their immediate supervisor and the Unit commander before it is considered complete and acceptable.

          As you mentioned, there is no question that information gathered pursuant to a background investigation is to be held confidential. However, this confidentiality is not always absolute. Yet, only information disclosed indiscriminately, negligently, or with malice and that generally relates to the name, and not necessarily the information itself, is critical. This is a complex area of discussion and you may still be too emotional for further intelligent discussion. Out of curiosity, how many background investigations have you actually done?

          I have considerable sympathy for those correctional officers involved in this incident. I have no doubt whatsoever that they did not act with ill-intent. I am reasonably certain that all or most of the action was or should have been tape recorded but even so, there is no way the majority of the public is going to understand that a fight in the jail will always appear as an ugly affair. I wish those officers the best.

          My point is that while not infallible, sworn deputies, with higher levels of training, and a broader base of street and jail experience would have been much less likely to have realized this same tragic result. If you don’t understand that, I can’t help you.

          I await, encourage, and welcome your vacuous, shrill, ad hominem response.

          • Mr. Robillard,

            First, if you think I’m not talking to grownups or this is an over-reaction open your eyes to what is happening to law enforcement all over the U.S. Like I’ve previously educated you on and what I have exposed about you, you are presenting false information and stating a personal opinion. This type of behavior was demonstrated during the Ferguson incident. Hands up, don’t shoot. That was proven wrong and people are still on the bandwagon. So if you can’t provide accurate data, you are not a credible source. And like I’ve previously pointed out, you are a liar. So once again the public is going to see Mike the Taxpayer provide accurate data in an attempt to correct the false information provided by Mr. Robillard. If you can’t handle getting schooled, then don’t post any information. Just a stroke of bad luck for you that you have been exposed.

            I am happy you have responded because you have made some important admissions. The whole point of your initial argument was “The key factor and tragedy in this incident is what the reporter properly pointed out and it should come as no surprise that the 3 correctional officers involved in this incident WERE NOT SWORN DEPUTIES.” I clearly articulated the exact opposite and your response of “corrections officer (or whatever they are called)” proves you are providing inaccurate information because you clearly admitted you haven’t a clue. How about calling them with the respective title they have earned, Correctional Deputy (peace officer)?

            You can argue all you want about training hours and a correlation to incidents but I have credible facts to show that no matter what training you have, the reality is the actual person is the key to success or failure. So here you go Mr. Robillard…… let’s get the elephant out of the room, you can be book smart but have no common sense. So all those college units don’t mean a damn thing if you can apply things you have learned, or comprehend how to make a moral and ethical decision. Or maybe that ole LD 01 (ethics) will solve all those problems you are talking about. If you have taken the LD 01 test, like what is given in the Basic Police Academy and the Correctional Academy, then any type of ethical incident shouldn’t happen, right…. Training… more training hours solve the issues. Or at least according to you. Now let’s get down to training….. The basic academy minimum hours required by CA POST is approximately 664 hours and the Correctional Academy required by STC is approximately 200 hours. I think we can both agree that local agencies give more hours of training. Currently the San Jose Academy is approximately 888 hours and the Sheriff’s Academy is approximately 920 hours. The Sheriff’s Correctional Academy is approximately 520 hours. So yes the Correctional personnel get less hours but like I have pointed out, certain LD sections will not apply to the jail (i.e. traffic enforcement, patrol techniques, vehicle pullovers, traffic accident investigation, domestic violence, etc.). Why is this difficult for you to understand? But I will give you something to throw around with your San Jose boys (and girls). Do you realize that the Correctional Academy recruits have more training than any peace officers that worked for San Jose Police and the Sheriff’s Office prior to 1964? Why you ask? Because there was no academy. Further, the California Highway Patrol weren’t officially peace officers till 1968 (For your information, you only need a measly high school diploma or GED to get hired with CHP). So according to you Mr. Robillard, the real peace officer history should start around 1964. Anything before that, maybe we can call them something else, like limited peace officers or public officers or grunts. They shouldn’t be in the same category as today’s peace officers or even correctional peace officers. They didn’t go through a real academy or any formal training at all, right Mr. Robillard. How did those full deputies survive back in the day? Well… continuing with training…. Mr. Robillard do you realize those Correctional Deputies get a minimum of 24 hours of continual training every year (STC standard). Full peace officers get a minimum of 24 hours of training every other year (POST standard). So in a 30 year career, the average Correctional Deputy would receive 720 hours of continual training while the full Deputy receives a mere 360 hours. Sounds a little below standard to me.

            Mr. Robillard, since we are talking about those well trained deputies that have all that training and would make better decisions than those less trained and less educated Correctional Deputies, I’ll will go over two recent case studies. Let us examine two of the largest Jails in California, Orange County and Los Angeles County. All deputies in these counties receive the elite Basic Academy and all deputies have to have the minimum college units you speak of to enter the profession. As far as Orange County, do you know Sheriff Carona resigned as did many of his sworn staff due to ethical violations and corruption charges? You might want to read up on those fine full deputies you speak of. As far as Los Angeles, are you aware of the FBI investigation going on regarding the beating of inmates? Do you realize the cover up involving hiding an FBI informant and lying under oath among nine deputies, two sergeants, a lieutenant and captain? Did you read or hear about Sheriff Baca resigning? Surely those full deputies with all that training and education couldn’t have done something like that, right? It must have been those lower trained Correctional Officers with that minimum education that were actually working, right Mr. Robillard? Well, I did check for you and there is no such correctional code that exist in those Sheriff’s Departments.

            So Mr. Robillard, once again you have been proven to the public your real IQ level and the ability to show you rely on a lot of hearsay to develop your own opinion. For someone that sounds like they have a quasi-law enforcement history, let me reiterate if you were under oath, your statements would be considered perjury, false, not factual. You have ruined your credibility with the public. A recommendation for you Mr. Robillard, conduct some research and then post statements online. That would be how you build credibility. Don’t rely on those SJPD sources or whatever sources you have. Prove it and research yourself. Question with boldness!!!

            Since we are on the topic of SJPD, let me give you some examples of the fine SJPD backgrounds which were cranked out of that tough unit…. (Sorry this must be exposed in the interests of the public). Let’s begin with the 15 officers who committed time card fraud (felonies over a certain dollar amount), right Mr. Robillard. What happened to those guys? Well the public must know, some are still working and some recently retired from San Jose Police. If it was one officer, they would have been fired. Since it was 15, it had to be hushed up. Mr. Robillard, maybe those ongoing backgrounds that you speak of could have been looked into at that point, right. I’m sure there were some red flags. I actually challenge you to bring a case regarding any post (after the fact) academy graduate that has been released due to a background related problem. Well moving on….. How about the one officer that killed his wife and stuffed her in the trunk and then killed himself? Or that reserve female that killed her mom in Hollister? Moving on…. How about that cover up over off of Fruitvale involving a SJPD relative and an officer that responded to the call. The person was so obviously drunk and the officer was so obviously unethical, the paramedics had to report it. How about the officer that was driving drunk on the wrong side of Highway 17, hit a car and killed someone? How about the San Jose officer that was accused of raping a female? You probably remember that San Jose Officer that was arrested for soliciting explicit photos from a teen, I think she was like 16 years old? As far as those chimps you’ve been working on, I think SJPD can use some of those because I have a grave concern about the background quality after reviewing these cases. Maybe some of those chimps can review the “finished products” you speak of as opposed to the Sergeant or Lieutenant. Mr. Robillard, you might be on to something here.

            As for the limited officer status and carrying a gun…. You do not need to be a peace officer to carry a gun, please research the Department of Consumer Affairs and their ability to grant security guards authority to carry a gun. Like I have said in my previous post, the difference is Correctional Deputies do not have off-duty peace officer powers. Since you must not have read that, let me break this down in layman terms. An on-duty Correctional Deputy can carry a weapon, arrest a felon, arrest a misdemeanor, write an infraction and write parking tickets. They are unable to conduct those tasks off-duty, except they can carry a weapon. Does this help you understand?

            As for your comments regarding the broader based deputies with that patrol experience…. Hmm, those deputies working West Valley, you know that tough Cupertino, Saratoga and Los Altos Hills beat. They are put on some pretty serious calls. You know Mr. Robillard, the barking dog complaints, the family disturbance (fights over who is driving the Bentley), and of course the citizen flag downs (my cat is up on the tree). Those tough and violent calls can’t even compare to what those Correctional Deputies deal with, right?? How can I be so naïve to the facts…..

            As for your comment regarding the Department of Correction, the only thing that exists, is inmate laundry and some clerical positions. The Sheriff has complete control via voter authority since 2012. The Sheriff’s Correctional Deputies are assigned to the Sheriff’s Office and receive their authority from the Sheriff’s Office, period. The website you decided to look up…. When was that last updated? Mr. Robillard, just something to look into, that’s all.

            As for the “go debunk yourself comment”…. When the first coded correctional officers came out, they were peace officers, or that’s what it says on their first id cards. You might want to check with some of those dinosaurs. Further, full Sheriff’s Deputies performed full backgrounds on those correctional officers. Mr. Robillard you probably feel like an idiot right about now, don’t you…. Well the public already knows you’re an idiot. (Public, please read his comment above regarding what I’m speaking of).

            Finally, regarding the confidentiality regarding backgrounds…. You identified indirectly the names of the correctional officers by pointing to the department they work for and the positions they applied for. So, those officers would have a great civil suit against you and the SJPD background officer for exposing even this limited information. And on the stand if you get questioned, don’t lie, because that is perjury.

            So Mr. Robillard, let this be another harsh and embarrassing lesson for you. Please do your homework in regards to putting information out. There are uneducated people in the public who buy into what you say (until they read my facts) and every other news site. Let us keep the San Jose Inside a credible news source.

        • “Mike The Taxpayer”, aka ” M.S. Illacci”, aka SCCSO administrator..

          Please see my post below where I ask you relevant questions. I anxiously await your reply.

          – Steve Rogers

          • Mr. Mike the TxP,

            Please take a deep breath and try to settle yourself. Since this is not a “flame” site, I won’t insult you by pretending to take you seriously. However, on the off chance that you actually did mean to say what you said, in the manner that you said it, may I posit that you may be too volatile for our continued discussion to be worthwhile for others to read.

            There is however an excellent follow up posting here that expresses, possibly better than I have, most of what I was attempting to convey. I will provide the link here for your convenience. Please play particular attention to the postings by JohnMichael O’Connor and by Jennifer Wadsworth. I think you will find their comments quite interesting.

            http://www.sanjoseinside.com/2015/09/08/correctional-officers-formally-charged-with-murder-assault/

            Whereas I suffer from high blood pressure myself, I understand how rage, such as you expressed, can raise one’s blood pressure to a dangerous level. With that in mind, let me leave you with this:

            If it helps calm you, please feel free to consider me a fool, an idiot, a cad, a bounder and someone who leaves the seat up.

  3. Am I unfair with this statement? Why when black lives matter we see 10s of hundreds of white people (probably college majority)doing a lot of the protesting to support but I saw 1 black man at the protest for this white man that got murdered by 3 prison guards and even there boss says it is on video so slim chance they are innocent but are do there rights. Where is the black support, doesn’t ALL lives matter?

  4. What is the reason the Sheriff’s office is bending over backwards to trial this mess in the newspaper ….the Sheriffs office has called the three men who work for them murderers . Why.?
    There needs to be a trial these men are being tried without the facts or a trial.

    According to the public defender in SJ Mercury these three officers were recruits in early stage of hire and employment at Jail, left without supervision and put in charge of the jail….Appears.Sherif Smith is covering her BUTT she has dumped her own people to save her own job…..putting mentally ill people in jail and asking officers who are initial hires and have no training to administer medication in which they have no training is a nightmare waiting to happen and the Sheriff and the Politicians in SJ know it….Why would the Sheriff expect Correction Officers who have no training to administer Medication to Mentally ill patient.

    Michael Tyree is dead and three young officers in their twenties lives may be ruined all under Sheriff Smith Supervision and policies…..Sheriff Smith needs to be charged with negligence ….negligence in not providing Experienced Supervisors of the Jail.to supervise new hire correction officers. Negligence in not providing Training of her staff …..Negligence in not providing experienced personnel to administer medication to the mentally ill in her Jail……this whole sad night mare seems to be a result of the Sheriff’s Administration, lack of training and policies established at the jail..
    Do you really think three men beginning their career who are known in the community to be good people go off the deep end and beat a mentally ill man to death
    .
    by the way according to the Mercury to repeat these three officers and their families are well known in the community to be good people who had a bright future prior to going to work at Sheriff Smiths SJ Jail….never have I seen a Sheriff use such political maneuvers to go after her own people and join forces with the family attorney who will assuredly sue SanJose City …..Sheriff Smith is clearly trying to avoid being sued personally and having the jail investigated.and losing her own job….the three officers are now being held without bail i…(jeffery balmer got bail)…there seems to be a deal being cooked up between the Sheriffs office and the Tyree family attorneys to trial this whole thing in the newspaper and gain public opinion prior to court hearing. I feel so very sad for the Tyree Family and the officers and their families. Jails are explosive dangerous places. This is a horrible thing in our Jail that a Senior Supervisor and proper training would have avoided.Sheriff Smith needs to be held responsible.

    • Mr. CL,

      I commend you for comprehending the fact you understand that it is wrong for the Sheriff to go on television to divulge information regarding an ongoing murder investigation. Further, to be fair to all arrested murderers from here on out, the Sheriff should hold a news conference letting the public know that they are cowards and murderers with names disclosed. After all the Sheriff did say the deputies weren’t being treated any different than any other arrestee. So the Sheriff’s Office has set precedent now.

      While you comprehend the above, you have bought into the public stories and inmates’ hearsay. Let me educate you on the facts, not lies or hearsay like what J.S. Robillard writes about. First, the three officers are sworn deputies not new hire recruits. A recruit is someone that attends an academy. And there is no early stages of hire. You are either hired on with the completion of the California POST process or not hired.

      Mr. CL can you define “left without supervision”? It sounds like a Training Officer or Sergeant and above needs to be next to each deputy the entire shift. Mr. CL, simply that is not the case. For a deputy to have two or three years on like what was reported, they would have completed an academy and completed an evaluated training process. Once the training process is completed the deputies would be on their own and assigned to an individual area. The supervisor would be required to complete periodic checks, not shadow the deputy the entire day. So your argument of no supervision or being in charge of the jail is now debunked,

      Mr. CL, let me further educate you on mentally ill suspects and inmates. The jail employees 24-hour nurses that administer medication, they are code as an RN or LVN (Santa Clara County job specifications and Nurses’ association MOU). The nurses are the only ones authorized to administer medication, period. I am unaware of any training or changes reflective on what the public is hearing, “officers administering medication.” There is a State assembly bill that lets an officer assist administer prescribed medication related to anaphylactic shock. This would pertain to deputies on the street because nurses would assist in the jail. So the stories about deputies administering mental health medications is a lie, period, thus debunked.

      As far as mentally ill in jail….. Hmm I’ll put it to you this way, mentally ill people commit crimes and where do they go, jail. Just like every other arrestee. What’s interesting is Santa Clara County is known for their advanced and excellent treatment of the mentally ill. They are so good, other counties contract with the Sheriff to house their worst mentally ill arrestees (Santa Clara County Budget plan 2014 & 2015). And by the way, the mentally ill inside the jail is not a new phenomenon, said to be 50% or more in every jail and prison throughout the U.S.

      So Mr. CL, let this be a lesson, please do your homework in regards to putting information out. There are uneducated people in the public who buy into what is on here and every other news site. Let us keep the San Jose Inside a credible news source. Further, the information that seems to be put out to the public, lies, is exactly what happened in Ferguson, Missouri. Micheal Brown did not have his hands up when shot at. This was proved physically and forensically, but the public bought into the lie. Shame on the liars!!!

      • Mike the taxpayer ………question that needs to be answered is this a systemic problem and the only way I know to answer it is a full scale investigation…….I strongly question that this tragedy is an act of rogue guards who suddenly decide to beat a prisoner to death , these guards were in high school when the article below was written and on the job from 1 to 3 yrs?….with regards to your comment pertaining to supervision I find a problem if it is true these young guards with one to three years were left on their own without a supervisor…(does that in itself produce systemic problems)……again believe full scale investigation needs to be had as to the complaints ……this whole thing no matter how you cut it does not smell like crazy rogue guards..whether it is the city jail or the county jail an investigation of the entire administration, supervision or lack there of and policies and procedures and training or lack there of……..taxpayers simply ask .is there a similar situation at this jail for the past decade as below that would indicate a systemic problem and if so the cause and cure for same? Finally Mike the taxpayer do you actually believe these guards are receiving the full training needed for all they encounter on duty?

        > > Loaded on JAN. 15, 2006 published in Prison Legal News
        > > January, 2006, page 30
        > > Filed under: Guard Misconduct, Jail Misconduct,
        > Excessive
        > > Force, Guard Brutality/Beatings, Restraints, Medical
        > > Neglect/Malpractice. Location: California.
        > >
        > > Seven prisoner deaths and numerous reported police
        > beatings
        > > between October 2004 and April 2005 at the Santa Clara
        > > County (SCC), California jail have local civil rights
        > > watchers calling for a grand jury investigation.
        > Similar
        > > problems occurred at SCC in 1995 when they were studied
        > by
        > > the County Board of Supervisors under the name Sudden
        > > In-Custody Death Syndrome,” more candidly retitled
        > Sudden
        > > Torture and Fatal Beating Syndrome” when reported in
        > PLN
        > > (July 1996, p.16).
        > >
        > > On March 28, 2005, Carlos Garcia died after guards from
        > the
        > > SCC Department of Corrections (DOC) restrained him when
        > he
        > > became ill in the booking area. He had been injured in
        > an
        > > auto accident, but official reports rated him
        > combative. One
        > > witness reported that the guards dog-piled” Garcia.
        > > In October, 2004, 33-year old Scott Marino died when
        > his
        > > family finally disconnected life support. Scott had
        > been
        > > comatose for six weeks after SCC guards subdued” him
        > for
        > > being unruly. Marino’s family has filed a wrongful
        > death
        > > suit alleging excessive force.
        > >
        > > These deaths are mindful of the incident that led to
        > the
        > > 1996 Board of Supervisors study, wherein prisoner
        > Joseph
        > > Leitner suffered brain damage when guards restrained
        > him by
        > > wrapping his head in a blanket and then abandoned him.
        > He
        > > never regained consciousness, but was kept on life
        > support
        > > for ten years in a Los Gatos hospital, succumbing in
        > > January, 2005 when his family agreed to pull the plug.
        > >
        > > So-called natural deaths” have raised suspicion, too.
        > For
        > > weeks 49 year-old Raina Bermudez had complained of
        > abdominal
        > > pains which went untreated, in spite of her having
        > filed a
        > > grievance form. She died of an acute abdominal
        > infection.
        > > Her family recently settled out of court for $1.75
        > million
        > > after showcasing endemic poor medical practices at SCC.
        >
        > >
        > > On July 11, 2004, Martin Rodriguez was booked into SCC
        > for
        > > being under the influence of methamphetamine. He claims
        > he
        > > was just drunk; his misdemeanor charges remain
        > pending.
        > > Booked into SCC at 4 a.m., Rodriguez was scared when
        > the
        > > guards yelled at him for combing his hair with his
        > hands
        > > while his picture was being taken. He was then asked to
        > sign
        > > for his belongings, which included $1,925.00 in cash he
        > had
        > > collected from two car sales that weekend. When he saw
        > it
        > > listed as $19.25 he objected and the guards taunted him
        > to
        > > take their pen and correct it. Then, two guards twisted
        > his
        > > arms behind his back, took Rodriguez’ hand and hit him
        > > repeatedly in the face with it.
        > >
        > > Rodriguez was so upset he soiled his pants, resulting
        > in the
        > > guards pulling him up from the chair and kneeing him in
        > the
        > > stomach so hard as to lift him off the ground. Then
        > they
        > > took him to the corner of the booking room and chained
        > him
        > > to a chair. In the chair, he had his head pushed down
        > into
        > > his belly chains for several minutes, after which the
        > guard
        > > pushed his head back in by hammering and twisting it.
        > > Writhing in neck pain, Rodriguez was left chained in
        > the
        > > chair for five hours. He suffers permanent neck pains
        > from
        > > this assault.
        > >
        > > Rodriguez’ complaints and grievances, as well as those
        > of
        > > his wife Hinojosa, fell on deaf ears of everyone they
        > > complained to. The Mexican Consulate could not help
        > because
        > > the Rodriguezes were only guests in the United States.
        > The
        > > San Jose Independent Police Auditor, after viewing
        > video
        > > tapes, declined to help because no City Police were
        > > involved. DOC internal affairs representative Sandra
        > Padget
        > > wrote that the DOC concluded, after a careful
        > > investigation,” that the case was closed, citing a
        > penal
        > > code section that prohibited her from giving any
        > details.
        > > San Jose Police spokesman Nick Muyo declined comment
        > because
        > > the matter was still under investigation; Linda Deacon
        > from
        > > the County Counsel’s office, Deputy District Attorney
        > Karen
        > > Sinunu and Chief of Corrections Ed Flores likewise
        > > declined.
        > >
        > > With all this denial, it is not surprising that SCC has
        > a
        > > poor record of policing itself. Thirty-five
        > investigations
        > > of excessive use-of-force complaints were reported in
        > 2003,
        > > 63 in 2004 and 29 in the first three months of 2005. Of
        > 27
        > > looked into by DOC in 2004, only two were found in the
        > > prisoner’s favor. As to Rodriguez’ case, the county
        > has
        > > provided only foggy excuses” to investigative
        > journalists
        > > from the Metro News as to why the video tape footage
        > could
        > > not be seen, unless Rodriguez signed a release first.
        > When a
        > > copy was later located, County Counsel Representative
        > Nancy
        > > Clarke refused to release it because it pictured other
        > > prisoners as well. Calling the tape of poor quality,
        > Clarke
        > > nonetheless relied upon it to dismiss Rodriguez’
        > > allegations, concluding that nothing had happened.
        > >
        > > Rodriguez found some sympathy in Richard Hobbs, the
        > county
        > > Human Relations Commission director. Hobbs had
        > experience
        > > directing a 2000 county project researching needs of
        > local
        > > immigrant communities. He found that Mexicans were
        > harshly
        > > treated and that racism was rampant in the SCC jail.
        > His
        > > study was never responded to and it appears that
        > conditions
        > > have not changed.
        > >
        > > Gary Wood, a former Grand Jury member, pointed out the
        > > dilemma, You’re complaining to the same people that
        > beat you
        > > up.” Calling DOC an unaccountable system, Woods said
        > that
        > > the Board of Supervisors doesn’t really watch closely
        > over
        > > it. DOC morale is so bad that most guards look at their
        > jobs
        > > as dead end, promoting a Fight Club” mentality and
        > > environment at the jail.
        > >
        > > Other witnesses to brutality include members of
        > Friends
        > > Outside, a volunteer organization providing books and
        > other
        > > services to SCC prisoners. One unnamed witness observed
        > a
        > > guard bouncing a prisoner’s head against the wall,
        > until
        > > another guard signaled that they were being seen,
        > whereupon
        > > the volunteer was asked to go home for the day. Nancy
        > > Rutherford, a former SCC nurse, quit her job after
        > > frequently treating serious injuries sustained by
        > prisoners
        > > in the booking room.
        > >
        > > Rodriguez is now looking for an attorney to take his
        > case on
        > > contingency. Notwithstanding his permanent disabilities
        > from
        > > the beating injuries, his claim should at least be
        > worth the
        > > $1,925 the booking room guards stole from him.
        > >
        > >
        >

      • For everyone’s info, Mike the Taxpayer is a law enforcement expert. I think he is also a retired chief of police and or attorney. He knows what he is talking about.

        • Got it, Mike. Thanks for the info.

          “Let this be a lesson” on how to use the internet.. Don’t troll your own posts with info about yourself! You must have been a terrible Chief and an even worse officer.

          • Good one Steve-o… I’m okay with your comments about me…. but…. the public who reads this wants to see someone call bulls&*t on the exorbitant amount of information I have provided. Steve, you have failed in that category. So, the public appreciates the jabs against me (I actually laughed too), but everyone knows what I have provided you can’t even begin to make up. So with that said, Steve you have lost credibility on the San Jose Inside website. Time to move on to a non-law enforcement related topic in which you might actually know something about, or go back to pushing a patrol car to gain relevant experience. On second thought, place your gun, baton & taser in the gun locker and work a module by yourself with 70 accused murderers. Further, you can let the public know about how and when to use appropriate force (spoiler alert….. the use of force will end up in a close quarter fight). Thanks, and good luck to you.

  5. Given that it is the D.A., not the sheriff, who is responsible for prosecution, one has to wonder what Sheriff Smith thought she was accomplishing by declaring the three correctional officers guilty before trial? It is unlikely she thought she was heading off any Ferguson-like protests; the dead inmate was white and the pillage people don’t care about white people. What other reason would justify the sheriff making statements guaranteed to justify a change of venue (out of the reach of local television news programs) as well as open up the county treasury for punitive looting? Perhaps CL is correct, maybe the sheriff is covering her hindquarters.

    Sounds like a job for real journalists.

  6. Sounds and feels like Sheriff Smith is trying to distance herself from any responsibility . When truth be told , she is the one that should be held accountable . The accused employees deserve their day in court without the commentary from Smith.

  7. Well no. The sheriff needed to decide whether the deputies should be arrested based on the evidence so far. The sheriff and any other police officer may only make or direct an arrest with probable case. Because deputies were being arrested, the sheriff needed to explain why to the press and public. Arrestees are often held pending trial – and when the arrest is for murder, there is no right to bail. And thank goodness for that. Next, the DA must file charges or the arrestees will need to be released. If the charge against an officer is murder, he will have no “right” to bail.

  8. Mike the Taxpayer, aka Toby, aka Troy, aka Wouter… Whoever you are.. You must sleep in your tan & greens!!

    The point people are trying to make here is that some lack of oversight, training, or failure to adhere to policies exists within Santa Clara County Jails.

    Please, (since you appear to be some sort of SCCSO administrator) detail the Use of Force reporting policy currently in place for Santa Clara County Corrections. I’m curious what all has to go on those 3×5 cards.. And I’m more curious under what circumstances is one required to be filled out.

    Laurie is a politician. She was elected to her position. She has to play politics in order to stay relevant. Hence the ridiculous pandering to the “vocal minority” she did during the press conference.

    Get off your S/O soapbox for a second and remind yourself that at the end of the day, there needs to be solidarity amongst all law enforcement officers in this country right now. I doubt you’ve spent much quality time in a patrol car recently, (or ever for that matter) but I’d be willing to bet that when you worked patrol you drove past SJPD, CHP, MHPD, etc without even slowing down to even see if they were code 4 let alone getting out of your car..

    Another thing… You know damned well the S/O doesn’t take San Jose laterals purely out of pride, and its largely reciprocal. Both agencies have some extremely intelligent and talented personnel, but it will always be a competition.

    Unfortunately, four lives will be permanently devastated as a result of this incident. I firmly believe these three deputies reached this current point, not because they’re bad people, but because they simply followed the normal “jail C/O” culture.

    • Mr. Rogers,

      You can call me Mike. Unclear who the peanut gallery is…. Toby, Troy, etc. They can pound salt as far as I’m concerned.

      So the point of some lack of oversight…. Hmm, did the Sheriff remove the sergeant as a position of supervisor? Nope they are still there. As I mentioned to CL, a sergeant or training officer can’t be shadowing a regular deputy 24/7. So I doubt there is an issue of oversight. Training…. I’m sure nowadays all law enforcement agencies have use of force, reporting and ethics as a high priority. I’m willing to go out on a limb that the training regarding said topics has really gotten to the point of being over the top. Just a hunch, that’s all. As far as training with the mental health, like I pointed out to Robillard and CL, other counties contract with the SCC Sheriff because of the excellent mental health care. I doubt the Sheriff or any California Sheriff can stop the statistics that appear in U.S. jails and prisons. You might want to contact your local state representative for that type of assistance. So that leaves us with failure to adhere to policies. I’m willing to bet we have an issue here. I can almost guarantee that training addressed that issue in the academy. Makes perfect sense for a recruit to understand the outcome of not adhering to policy. So if that person(s) pass training and are solo. It would be up to them to follow those guidelines and if not I have no doubt they understand the consequences.

      Mr. Rogers you are wrong about about the S/O administrator part. And I do not have access to department policies. But as far as use of force, I’m sure the policy would say something about if you use force you must report it both verbally and prepare a written report. At least that is probably the case with any California law enforcement agency nowadays. As far as the 3×5, maybe that was some old school (70s & 80s) way for a deputy to document a use of force, you know Steve, to ensure if it ends up going south, the “real” story is written. I can look into it though, I don’t want to provide inaccurate or false information.

      As far as the S/O soapbox, no soapbox here, just facts to correct inaccurate information. You see Steve, I’m about to submit my dissertation for my doctoral, and yes you guessed it right, it has to do with law enforcement (specializing in the SCC Sheriff’s Office and SJPD). This here, is me brushing up on skills.

      As far as the Jail culture, would that be something handed down form the deputies from the 70’s & 80’s who trained the original correctional officers? I’ll go out on a limb and say yes. I believe in order to get off training back in those days you had to kick someone’s ass. Or something about taking the inmate to the “hole”. Hey Steve maybe you can look into that for me? I would have to venture there is a sub-culture in law enforcement. Please see the L.A and Orange county cases I spoke of to Robillard. Then again, remember the element the deputies deal with in the jail. I can’t even image having feces and urine thrown in my face. I would probably do something really bad too.

      Finally, as far as the tan and green comment. I think what you are trying to say is Wow, Mike you have extensive and in depth knowledge regarding the Sheriff’s Office and SJPD. I want to classify you as an expert in the field. You have earned my respect. Steve, if that is what you are trying to say, I’ll take it as a compliment.

      • This stuff we are getting from Mike the Taxpayer is great stuff. Remember that he is a law enforcement expert and we are getting this info for free. Departments pay him a lot of money for his advice. He also testifies in court about this stuff. Thanks again for the info.

        • Mr. Toby,Troy,etc.,

          If the info and advice from Mike the Taxpayer is free, it is definitely worth the price.

          • Mr. Robillard,

            You made my reply simple for me…. A good anecdote for the night…..For you who has a partial clue, it doesn’t matter. To the public who has no clue, my information is an eye opening experience. Mr. Robillard, kind of like when you got humbled by that parole you thought you could take on your own. You know, don’t want to call to many code 3s, because then the team might think you can’t handle your business. Good luck to you champ!

      • Thank you for your reply, Mike.

        You’ve done a masterful job of sidestepping the questions I asked you! So masterful in fact, you should take a trip to the 49ers practice facility and give their defensive backs a crash course on backpedaling. Once you’re done with that, you can go visit Ray MacDonald in Chicago, or wherever he’s at these days and help him brush up on the process of putting his foot in his mouth.

        Back to business… For those of us who actively work in the field of Law Enforcement, and know what we’re talking about, you clearly have a poor grasp regarding Use of Force and reporting requirements. The last Use of Force report I saw in the SCC main jail was given to the Lower Intake Sergeant on a pre printed 3×5 card. The fields were rudimentary – Date& Time, Dep. Name, Suspect Name & DOB, Reason For UOF, Injury, Treatment, and the back appeared to have space for extra comments. This leads me to believe that an “injury” must be present in order for the UOF to be deemed “reportable” by the Deputy. I’m sure you’re beginning to see that the lack of a report in the Tyree incident could have been articulated should he have not “complained of pain” or there was not a visible injury. Adherence to policy, Check! He may have not asked for medical..; Proper Training, Hmmm? What did they say in CTO?; Lack of Supervision; check! No Sgt. in their right mind would have said okay to that!

        This brings me to my other point about Jail C.O. culture. Yes, in the world of Law Enforcement, you must demonstrate that you can handle yourself and exert violence upon the person of another when both justified and necessary. This is an unfortunate reality and I understand most members of the general public do not grasp this. Correctional Deputies, Jailers, Prison Guards, etc, due to the psychological and hierarchical dynamics present in custodial facilities, must be capable of developing a persona which results in a combination of fear and respect. Unfortunately, respect for authority, especially law enforcement, is at an all time low. Fear and violence on the other hand, are copiousy available to both the inmates and the guards. Where culture fits in, is how the combination of these critical elements are dispersed and developed amongst the organization. As one can see while taking people to Jail within the past week or so, there is a major culture shift currently going on as a result of this incident.

        Mike, M.S. Illacci.. Former Chief of some stain on the of map.. Idk who you are, but if this is your version of “brushing up on skills”, you’ve got a long way to go on this journey, and quite frankly from the impression I’m getting, you may be lost. If you’ve ever been hired by the prosecution to testify, they need to get a refund. You seem to be an expert at pontificating about skeletons in former closets/lockers, LD 01, and culpability… I’m going to venture to guess that once you retired, you decided to put your J.D. to use and you became the defacto “Police Misconduct ambulance chaser” who lends, “expert advice” to defense attorneys looking to cash in on the scores of Cities & Counties that simply pay out their plaintiffs these days.

        • Mr. Steve,

          The trouble you seem to be having explaining anything to “Mike the TxP” is that you are arguing from a position of experience and common sense and doing so with someone who obviously has none of the former and little of the latter.

          It surprised me, not at all, that “Mike the TxP” claims to be working on a doctorate relating to law enforcement and is a self-described expert. (I mean no derogatory sarcasm to “Mike the TxP” when I say that). It only supports my belief that “Mike the TxP” is yet another Ivory Tower intellectual (with a pending PhD) who has never thrown a punch; had a cut lip or a bloody nose; or ever scraped a knuckle. It’s difficult to explain the “big picture” to someone who thinks they already see it.

          In any event, Mr. Steve, I enjoy your dialogue with “Mike the TxP”. It is simple for me, as it likely is for most others, to discern who has lived in the real world, and who hasn’t. It is amusing to watch “Mike the TxP” flap his arms and tell everyone that he can fly.

          • This thread of arguments countering “Mike Txp” are simply amusing and obviously made to get a rise out of him. Neither of you could carry his Browne belt. It’s sad to see the lack of knowledge being exhibited in this thread. I only say this to point out how no one on this any comment thread is willing to man up and display their credentials of which you may be shocked to see who is & is not an expert. Needless to say, I’m sure Mike has you falling into his theoretical & practical based web. At the end of the day, an inmate is no longer alive, 3 officers are done, and the administration is the one really back peddling.
            “Can’t we all just get along?” (R.King 1992)

          • Thanks for the response J.S.(Steve) Robillard aka Steve Rogers,

            First I’ll address Dr. Jekyll, great job on the niners correlation, but sidestepping, seriously…..See folks, this is what happens to “green” officers, they take action first before hearing or in Steve’s case reading what was correctly written (public see above for proof). If Steve was paying attention regarding the 3×5 card he would have read what I wrote “…I do not have access to department policies.” Further stating at the end in plain English, ” I can look into it though, I don’t want to provide inaccurate or false information.” To a veteran it would come across something like this, it sounds like the guy doesn’t have enough information and he has admitted to not knowing the full facts. He’ll get back and report on what he finds. To the “green” officer (Steve), he states “This leads me to believe….” Steve, do you have all the facts? Do you believe? Are you trying to finish the story without the full story. The supervisor of Steve would say, Steve you have a problem telling the truth, so pay attention to what was said and don’t finish the story on what you believe it to be. The courts would say, Steve, you have committed perjury, therefore, you are now considered a Brady Officer. And SJPD would say, Steve you are no longer able to testify in court, so go up to the second floor and sit at a desk M-F, 8-5. And the rest of SJPD would say, hey did you hear Steve is now a part of the Brady Bunch.” Steve if you are unaware of another agencies policy, do research. Or admit you don’t know, like I did. That is called integrity.

            As far as culture, ummm a bit of difference in the jail. Yes you have to adapt because you really can only do three options in an imminent situation. One your voice, two pepper spray and three fists (and after that whatever it takes.) On the street Steve, all force options are in play. Steve, put your gun, taser and baton up, work a module and face 70 accused murderers (out in the open and not behind doors) by yourself. Culture shock for you?

            As far as your ending comments, have some laughs, great. Steve, get serious now, the public is still waiting on your facts. Kind of like the harsh information I have provided that you are currently sidestepping.

  9. Gee, with so many commenters praising Mike the Taxpayer for his expertise (isn’t it strange they are all new participants) I’m almost hesitant to offer a contrary view. But here goes.

    M the T is likely an expert on something, though I’m not certain of what. He doesn’t strike me as someone with any experience at all in street policing, otherwise he wouldn’t speak of being trained in “vehicle pullovers” (crew necks for cars?) or “traffic accident investigations,” wouldn’t use the meaningless term “imminent situation,” nor would he ever insultingly question the very real risks facing those S/O deputies patrolling the West Valley. He seems to know something about working corrections, and based on his boasting about the risks posed by facing 70 accused murderers I would guess that he either has some actual experience or is close to someone who does. He doesn’t seem to know anything about testifying in court (offering opinions and repeating hearsay do not equal perjury), so it’s unlikely he has much actual experience working in the justice system.

    There’s a good chance that M the T has worked as a background investigator; he seems familiar with the process but the fact that he uses civilianized terms for criminal justice databases makes it likely his experience is in private industry (and here again he shows his ignorance of the law by insinuating that a crime was committed by a background investigator sharing disqualifying circumstances — but not applicant names — with Robillard).

    Were I a betting man I would wager that M the T was at one time Mike the Non-Select at San Jose PD. His animosity for the department is glaring, his recitation of disgraced San Jose cops spooky, and his eagerness to publicize the time-sheet cheats who make up the Brady Bunch downright nasty. I would suspect, based on the content of his posts, that he was either a psych fail (and if he wasn’t then it was the psych who failed) or didn’t make the cut during training. The man is carrying a grudge (but hopefully not a gun). He might also consider packing a grammar guide.

    As for his doctoral thesis, the idea that one could become a Doctor of Philosophy for studying the Sheriff’s Office and San Jose PD is disturbing beyond words, as neither of those institutions possess the complexity or managerial challenge that would justify such an award. It’s bad enough they still award doctorates for sociology. What’s next, will some whiz kid tackle Starbucks and Noah’s and earn a PhD in baristas and bagels?

    • Mr. Frustrated,

      I’m glad you jumped on and made a post. It’s great to see you spent all week talking with friends and coming up with your comments. On the surface it appears you might have done some research, but unfortunately you were steered in the wrong direction. Once again, the public will see Mike the Taxpayer educate this frustrated “green” officer.

      Let me get started…. I’ve never confirmed or denied having street or correctional experience. Where are you getting your facts from? The terms vehicle pullovers, traffic accident investigations, imminent situations is strait from the LDs. Do you know much about those books? I’m guessing not. See the public doesn’t realize that a basic academy graduate can complete and receive a certificate with a grade of 80% (overall). So as a taxpayer, I would only want the best showing up in serious situations. For the public I ask, do you want someone to respond to your house who graduated with an 80% and got hired or someone who scored a 97.2 overall and got hired? See frustrated one, let me give you another analogy because law enforcement has “very real risks.” Do you want a brain surgeon who graduated with an 80% to work on you or one who had a 97.2%? See frustrated, the only reason you are frustrated is because you have been behind the curve the entire time. I realize you probably barely made some cut scores and the reason you had an 80% is because you had a higher WTSB score. Good for you….. the steroids helped you succeed. But time to get back to business…. As far as risks, there are risks in every law enforcement position, no doubt. Have you pulled stats out of West Valley. You might be shocked at what deputies are responding too. As far as inside information on departments, if you read anything I posted, you can bet I have facts on all the departments (SJPD, S/O Enforcement and Custody) you refer to. What’s strange is opinions are for experts, if you try to finish a story like Steve and get jammed up (usually a defense attorney is good at that) you might get that perjury charge. You might think I am over-using the term with Steve and Robillard, but have you read their info. So far off from the truth it screams perjury. Not once has anyone called bullsh*t on any of the information I provided.

      As far as your backgrounder comment, which can be summed up in one word, seriously…. If you were paying attention to what I wrote (these boots just can’t get it right….. you are pretty quick on the trigger frustrated…..), I clearly (meaning straight English, clear as day….etc.) used the words civilly liable regarding the context of sharing confidential background information. Nothing insinuating about a crime being committed. Kind makes me think you remediated with a score of 80% on the civil vs. criminal test.

      As far as SJPD…. since you work there… how about disgracing those former officers, why would you, the ethical one, be so disgusted with those comments or think they are “spooky.” The only thing the public should be spooked about is there’s a good chance you were partnered up with one of the disgraced. See frustrated, you are so frustrated because you were duped into thinking you worked with the best. The truth and reality is, not everyone at SJPD is the best. A leader can accept the truth and move forward. To me, it appears you sound so really invested in this particular topic. Maybe some of those former disgraced officers were your friends, or maybe one of them is you. A normal officer would say, yep I can’t believe we hired some of those turds. Not to mention our backgrounders stamped their approval. Further, reassuring the public, SJPD will try to do a better job. Not you frustrated, you attacked me. Very suspicious. And by the way, testing with SJPD, really…. I would not want to work SJPD, Sheriff’s enforcement or custody, why would anybody work there now? Well frustrated…. no grudges going on here, just presenting accurate facts. Don’t be upset that I packaged them together. I know it is making your head spin as well as the public’s. Just because you are stuck and couldn’t lateral out because of measure B, just accept your career and thank your union for getting the best deal they could recently.

      As far as complexity and managerial challenges… I think the public has already spoken on that.

  10. Mr. M the T,

    I don’t know whether to to shake my head and chuckle or sigh and feel pity for you. Seriously my friend, if you only knew how wrong you are about everyone you mentioned in your latest post, you would realize just how much you have embarrassed yourself. It would take a volume the size of a small town phone book to explain it so don’t bother asking. If you don’t understand why, then I can’t tell you.

    The most piteous form of ignorance is to reject or criticize something you know nothing about and nothing is more frightening than ignorance in action. I use the word ignorance to denote a lack of knowledge, not necessarily a lack of IQ, so it is an observation, not an insult, so don’t fly off the handle (again).

    I can only hope that your acne clears up or your parents come home soon. Your dull, tedious, predictable commentary is beginning to bore me and my patience is not unlimited. Go ahead and have the last word now, like a good boy

  11. M the T,

    I have to admit, I’m disappointed. I was eager to be educated and debunked but you’ve let me down. I was also hoping to attract at least a couple of comments from your very supportive alter egos. Perhaps they’re being pharmaceutically suppressed today. My loss. Nonetheless, your response to me was entertaining as hell.

    In my comment I mentioned that, were I a betting man, I would wager you were a non-select, likely disqualified for being psychologically unsuitable. But with your revealing reply to me you’ve so ruined the odds that I’ll now have to risk five dollars just to have a chance to win one. Despite the fact that the whole of my comment was clearly based on what you posted (and my personal opinions), from you I provoked this:

    — “It’s great to see you spent all week talking with friends and coming up with your comments.”

    You later added this:

    — “I’ve never confirmed or denied having street or correctional experience. Where are you getting your facts from?”

    From these comments I can’t help but wonder if you feel you are often the target of investigations and conspiracies, and might these concerns be that little something you shared with the police department shrink that caused him to run screaming from the room?

    Regarding the matter of perjury, in your response to Mr. Robillard on the issue of expressing allegedly unfounded opinions based on background information, here is your post:

    — MIKE THE TAXPAYER Sep 7, 2015 @ 8:38 am “… to correct impulsive non-factual comments like yours. Mr. Robillard, your credibility is now shot. If you were a peace officer on the stand, you would have committed perjury, a felony…”

    And in response to my suggestion that you seemed confused about what constituted the crime of perjury, you posted this:

    — MIKE THE TAXPAYER Sep 11, 2015 @ 11:21 pm “… I clearly (meaning straight English, clear as day….etc.) used the words civilly liable regarding the context of sharing confidential background information. Nothing insinuating about a crime being committed.”

    Now, I realize that these posts are days (and untold delusions) apart, but you seem to be as gifted at confusing yourself as you are at baffling the rest of us.

    To my speculation (based on your terminology use) that it was likely you had no street experience you responded back: “The terms vehicle pullovers, traffic accident investigations, imminent situations is strait from the LDs.” Are you not able to understand how this response lends credibility to my speculation? Experienced street cops would never cite academy learning domains as proof of their knowledge of street policing. With my apologies to Pillsbury, nothing says wannabe like jargon from the academy.

    Lastly, you tried to do damage control regarding the irrational nature of your attacks on SJPD with this: “The truth and reality is, not everyone at SJPD is the best.” Not only is this not something I ever claimed, it is something that no sane person has ever claimed about SJPD or any other police department. Sir, your demons are in your head, and they’ve got you surrounded.

    You may well have entered into this discussion with the intention of using whatever special knowledge you possess to illuminate the rest of us as well as defend the fine men and women who work corrections for the county, but you sabotaged yourself with your over-the-top arrogance and reckless hostility. I realize you think you can read and boast your way to expertise and respect, and maybe that tact will get you some oohs and aahs from the crowd at security guard school, but not here. You’ve made yourself look ridiculous.

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