Arkansas Democrat-Gazette

Jail officer keeps job after 3rd firing

- EPLUNUS COLVIN

A supervisor at the Jefferson County jail who has been terminated twice before for using excessive force with inmates was terminated again last month for the same reason, but Sheriff Lafayette Woods Jr., who oversees the jail, overruled the terminatio­n and has allowed the person to retain his job.

Personnel files and internal investigat­ion documents obtained by The Pine Bluff Commercial through multiple Freedom of Informatio­n requests reveal a troubled history that Lt. Samuel Baker has had while serving in jail and prison environmen­ts.

Most recently, Baker was named in a Jefferson County sheriff’s office internal investigat­ion after allegedly punching detainee Christophe­r Harris at least 12 times in and around the face in a September 2021 incident. At the conclusion of the internal investigat­ion, the findings were sent to the Associatio­n of Arkansas Counties’ Risk Management office for review. The legal arm of the county associatio­n concurred with the decision to fire Baker, and Baker was then terminated on Feb. 9, 2022, by Chief Deputy Stanley James. Baker then appealed the terminatio­n.

Multiple attempts to reach Baker for comment were unsuccessf­ul. Woods declined to comment for this story.

Baker went to work for the Jefferson County sheriff’s office in 2007 when now-County Judge Gerald Robinson was the sheriff. When Baker applied for the Jefferson County job, he said in his applicatio­n that he had been previously terminated from the state Department of Correction­s because an inmate had alleged that Baker had abused him.

During Baker’s background investigat­ion for employment, conducted by Maj. Greg Bolin on July 3, 2007, Baker explained the firing, saying he had gone into an inmate’s cell by himself but had no choice due to the facility being understaff­ed. He said the inmate was a violent offender and that he was a lieutenant.

When The Commercial reached out to Robinson about initially hiring Baker, Robinson said he was aware of the incident at the Department

of Correction­s but wanted to give Baker a chance because Baker was highly recommende­d and had references that said he was a good officer.

One of Baker’s half-dozen references called Baker a “very level-headed person who makes good decisions.” Another person said they had “never seen him display a temper” and that Baker was “a good person who helps those in need.”

But seven years later, Baker was fired under Robinson’s administra­tion. The internal documents detailing why Baker was fired in 2014 were not immediatel­y available, but personnel records said the terminatio­n had to do with Baker’s “use of force” with detainees. Baker did not appeal that terminatio­n.

Records show that Baker reapplied with the sheriff’s office in 2018, and it was noted in Baker’s personnel record that he had been “terminated but recommende­d for rehire.” Baker was then rehired by Woods.

During Baker’s rehiring interview in 2018, it was noted that Baker was currently working with children at the Community Empowermen­t Council where he said he learned patience and how to approach situations differentl­y. He also said he learned to make better choices in situations and that he had also learned from his previous mistakes.

When the investigat­or asked Baker if he made any steps on working on himself as a person, Baker stated he’d taken anger management classes and learned how not to overreact.

His personnel records also show several training certificat­es he received from as far back as 2002 while at ADC with subjects ranging from ethics to administer­ing discipline.

His records also note he was discipline­d on Dec. 1, 2021, but the nature of that incident was not immediatel­y available.

PRE-INCIDENT

On Sept. 9, 2021, Harris received a disciplina­ry reprimand from Carolyn Iverson, a nurse, detailing disruptive behavior violations. According to Iverson’s interview with internal investigat­ors, she was conducting a pill call when Harris began yelling out obscene language about her body.

In her statement, she said she wasn’t sure if the person yelling was Harris but said “it was probably him.” She called for Capt. Ed Adams, who told her that, because she wasn’t sure who was yelling, she should write up all of the detainees in the area where the yelling took place.

Baker stated in his internal affairs interview that on Sept. 10, 2021, a deputy told him that Harris had said that when Iverson passes out pills, he was going to jump her. Baker was instructed by Adams to move Harris to a holding cell in the booking area for close observatio­n because Harris also had had altercatio­ns with other detainees.

Harris stated that, after the yard call, he went to his cell. Baker then arrived at Harris’ cell and told Harris to pack up his belongings. According to Harris, he asked Baker why and Baker said “don’t worry about it.”

Harris stated he told Baker he had a lot of items to move and needed a cart, but Baker told him he would have to “figure a way to carry the stuff.”

Harris, 27, who has been in and out of jail on a variety of charges, said he told Baker that he was not the one who had yelled obscenitie­s at Iverson and he was not trying to get into any more trouble. Harris said he wanted Baker to talk to Iverson. According to Harris’ statement during the internal affairs investigat­ion, Baker told him “this is not juvenile and everyone is grown around here.”

Harris said that, as he was being escorted to the booking area, Baker was calling him names and cursing at him.

According to Baker’s statement, Baker said he knows Harris and his family. Baker’s best friend was Harris’ uncle who is now deceased, and at one-point Harris referred to Baker as “uncle.”

“I tried to come at him with, “Hey, stop doing all this,” and he usually listens,” said Baker, who alleged that Harris had been throwing urine on other detainees and flooding his cell. “Every time we turn around it’s always something. He gets wrote up about something,” Baker said.

USE OF FORCE

When Harris and Baker arrived at the booking area, the cell door was already open. Video footage shows Adams, who had the cell door open, joins the two and a conversati­on ensues. Harris said Adams told him that he was not going to learn and that he was still messing up.

Video footage shows Harris throwing his mat and property into the cell. The footage also shows Baker pushing Harris into the cell in an attempt to guide Harris inside.

Harris said he told Baker he didn’t have to push him and he was going into the cell.

In Baker’s interview, Baker said Harris threw his mat down, turned around and backed out stating, “I can’t do this.” Baker said that’s when he put his hand on Harris’ chest and told him, “No, you got to go in there” and guided him inside.

Baker said once he got Harris inside the cell, he was trying to talk to Harris, making hand gestures and trying to explain things to him, and Harris got mad and swung at his hands and balled his fist in an attempt to swing at Baker.

Video footage shows that, once Harris goes inside the cell, Baker goes inside the cell as well.

Harris said Baker pushed his forehead with his finger and used profane words. Harris then said he grabbed Baker’s arm and said “hold on.” He said he didn’t know if Baker was going to strike him, so he grabbed Baker in defense, at which time Baker told Harris not to put his hands on him, all while Adams stood inside and watched.

Harris said he never struck Baker.

“I never swung back. I just put my hands up in defense to cover my face up because after the second hit I thought he would see I wasn’t trying to be aggressive with him,” Harris said in his interview. “But he didn’t. He got to cussing and kept going.”

During the internal affairs investigat­ion, Sgt. Christy Brooks asked Baker what the purpose was of going in and continuing to talk to Harris instead of just closing the door.

Baker explained that, because of his past relationsh­ip with Harris and his family, he thought he could get him to cooperate.

“When I was in the cell, we were talking. I was telling him like this, ‘Chris, you can’t be doing this,’” said Baker, who explained they were talking back and forth when Baker said Harris swung at his hand.

Brooks explained to Baker that the video shows Harris swinging at his hand after Baker pushes him inside the cell.

THE FIGHT

Capt. Fred Green, with the Jefferson County Sheriff’s Office Internal Affairs Division, after reviewing the video footage, said Baker threw 12 punches at Harris.

“He kept on hitting me, kept on swinging and punching,” said Harris, who added that Baker “beat the s*** out of me … all to the head.”

The video shows Baker’s left arm moving twice in a forward motion toward Harris as Adams enters the cell, and Baker’s arm continues in a forward motion toward Harris as Adams was inside the cell.

Baker said he was defending himself from Harris, who took a swing at Baker resulting in Baker’s striking Harris in the facial area twice with a closed fist. Baker said he and Harris were striking each other until he was able to pin Harris against the wall.

Harris said he never took a swing at Baker even though the video footage shows arm movement.

“I’m frail, I’m skinny,” said Harris. “It probably showed my hand moving and stuff from the way he pushed me and the force he pushed me but I didn’t try to put my hands on him, none of that.”

Jail records say that Harris is 6 feet 3 inches tall and weighs 178 pounds.

Baker said he didn’t know how many times he hit Harris.

“All I know is when I swung, he was swinging back and I swung at him until I got him where I could pin him against the wall,” said Baker.

Baker said once Harris was pinned against the wall, he stopped, but the video shows he continued to strike until Adams intervened.

Adams said the fight lasted about 10 seconds because he “immediatel­y broke it up.”

Video footage shows Deputy James Carter observing the fight from a distance, and, according to his interview, by the time he came from the back, the fight was over. He said he could see Harris standing and kicking.

According to the footage, Carter is seen standing near the holding cell while the incident is occurring. When asked about intervenin­g, Carter said he did not assist due to it being Baker and Adams, who were individual­s he thought could work it without needing any additional help.

Brooks said that in training, jail officials are trained to subdue individual­s.

Baker told Brooks in his interview that he had to strike back to gain control. Baker said that, because Harris was fighting back, he had to use an amount of force necessary to get Harris to stop. Baker said Harris was making threats to have his folks find him and kill him and had also made a comment about his deceased mother.

Harris denied making a comment about Baker’s mother but stated in his interview that, no matter what he said, Baker had no right to put his hands on him.

Adams admitted in his interview that once the detainee was inside, the door should have been closed.

Brooks said closing the door was the correct course of action.

Had that happened, she said, “we would of avoided everything else that further happened from the fight.”

POST-INCIDENT

Harris said blood was on the floor from injuries to his nose and mouth. He complained of pain, numbness and bleeding but said he wasn’t taken to the hospital for another five days after which he was diagnosed with a fractured jaw and nose.

During those five days, he said Baker remained as a supervisor in the booking area.

Baker also said he felt his actions were justified.

“I had to defend, take care of me. I had to defend myself,” he said.

After the internal investigat­ion concluded on Dec. 13, 2021, Green issued an investigat­ion dispositio­n involving Carter, Adams and Baker, stating there was sufficient evidence to establish that the incident did occur, and the facts and circumstan­ces support the determinat­ion that the actions constitute misconduct.

Conduct Unbecoming of an Employee and Use of Force were the violations charged to Baker, and Inefficien­cy from the Standard of Conduct/Progressiv­e Discipline were violations charged to Adams and Carter.

On Feb. 9, Baker received a terminatio­n letter from James due to his violations but appealed the decision. Carter was given a written warning, and Adams received three days of suspension without pay with two days suspended resulting in a total of one day without pay for Adams.

An appeal hearing took place on Feb. 22 at the Jefferson County sheriff’s office in front of a panel consisting of Woods, who is chair of the panel, Chief Deputy Joseph Gorman, Maj. Gary McClain, Lt. Christophe­r Grider, Lt. Anthony Craig and Sgt. Darinda Smith.

In an Outcome of Grievance Appeal letter from Woods dated March 10, 2022, to Baker, he states that, as Baker is a lieutenant, he is required to observe a higher standard of conduct as he serves as “a role model for employees.” Woods goes on to say that Baker is to set an example for employees as to how they are to interpret and apply JCSO policies and procedures.

“I conclude that your conduct makes it difficult, if not impossible, to enforce compliance with the policy by those in which you supervise,” said Woods in his letter.

Woods said after a careful and thorough review, he was reducing the initial recommenda­tion of terminatio­n to mandatory deescalati­on training to be completed as soon as possible. Until the training is completed, Baker cannot work at the jail.

During the period of suspension, Baker can also only use a classroom at the jail for scheduled training and must fulfill his responsibi­lities as a dependable and conscienti­ous employee.

Woods goes on to say that any further misconduct or any infraction­s will result in further disciplina­ry actions including dismissal.

According to the investigat­ion, Harris did make contact with his lawyer. According to the Jefferson County sheriff’s office inmate roster, Harris is no longer an inmate.

 ?? (Special to the Commercial/Dale Ellis) ?? In this 2020 file photo, Lt. Samuel Baker (left), shift supervisor at the Jefferson County jail, talks to Jefferson County Sheriff Lafayette Woods Jr. in the lockup intake area. Video online at arkansason­line.com/329beat/.
(Special to the Commercial/Dale Ellis) In this 2020 file photo, Lt. Samuel Baker (left), shift supervisor at the Jefferson County jail, talks to Jefferson County Sheriff Lafayette Woods Jr. in the lockup intake area. Video online at arkansason­line.com/329beat/.

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