Two Former Corrections Officers Plead Guilty In Inmate Death

On Thursday, Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against an inmate identified as “Q.B.” in court documents.

Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty Thursday to conspiring with other officers to use unreasonable force against an inmate identified as “Q.B.” in court documents.

Wimmer and Fleshman are former corrections officers from the Southern Regional Jail in Beaver, West Virginia. On March 1, 2022, the officers admitted assaulted Q.B. resulting in his death.

According to their plea agreements, Wimmer and Fleshman each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod and that, when each arrived at the pod, Q.B. was on the floor as force was being used against him.

The officers then restrained and handcuffed Q.B. 

Wimmer, Fleshman and other members of the conspiracy then escorted Q.B. to an interview room where members of the conspiracy aided and abetted each other, struck and injured Q.B. while he was restrained, handcuffed and posed no threat.

Wimmer and Fleshman each admitted that the members of the conspiracy struck and injured Q.B. in order to punish him for attempting to leave his assigned pod.

In his plea agreement, Fleshman admits that he was one of the members who injured Q.B. while he was restrained and posed no threat. He further admitted that he and others moved Q.B. from the interview room into a cell, where members of the conspiracy continued to strike and injure Q.B. while he was restrained, handcuffed and posed no threat to anyone.

Wimmer also admitted to striking and injuring Q.B. after he was brought to the cell in his plea agreement.

Wimmer and Fleshman each pleaded guilty on Thursday, Nov. 2, 2023 before U.S. District Court Judge Frank W. Volk. They each face a maximum penalty of 10 years in prison and a fine of up to $250,000.

Sentencing hearings are scheduled for Feb. 22, 2024.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Michael D. Nordwall of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Matthew Tannenbaum of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia are prosecuting the case.

Another Inmate Dies In W.Va. Custody

A thus-far unnamed 30-year-old Mercer County man was found dead Friday morning by apparent suicide at the Southern Regional Jail, according to authorities with the Division of Corrections and Rehabilitation.

Another incarcerated person in West Virginia has passed away in custody. 

A thus-far unnamed 30-year-old Mercer County man was found dead Friday morning by apparent suicide at the Southern Regional Jail, according to authorities with the Division of Corrections and Rehabilitation.

Andy Malinoski, director of marketing and communications at the West Virginia Department of Commerce, said in an email to West Virginia Public Broadcasting that no additional information is available at this time as the incident is under investigation by the Department of Corrections and Rehabilitation Criminal Investigation Division.

“The West Virginia Division of Corrections and Rehabilitation is committed to the safety, quality of life, and wellbeing of those in the care of the legal system in our state,” Malinoski said. “We empathize with the friends and families of those that have experienced the loss of a loved one that was placed in our care.”

There were 13 reported deaths at the Southern Regional Jail in 2022, and more than 100 deaths in the state’s regional jail system in the past decade.

Advocates claim in many of these cases, a person died shortly following their arrival, sometimes within 24 hours.

On March 10 the Poor People’s Campaign, held a rally called “West Virginia Mothers and Families Deserve Answers” on the front steps of the state capitol building alongside grieving families of incarcerated individuals.

Two of the 13 inmates that died last year were Quantez Burks and Alvis Shrewsbury. Their families attended the rally and spoke about their loved ones.

Just days after the protesters marched into the state capitol to hand deliver a petition to Gov. Jim Justice, family members of William Samples identified him as the latest death of an incarcerated individual in West Virginia jails on March 14.

During the rally, the Poor People’s Campaign called for a federal investigation into the ongoing deaths at West Virginia’s jails. 

West Virginia State Police are investigating Samples’ death.

Jail Worker Crisis Highlights Legislative Interims

Testifying in recent committee meetings, corrections leaders described the state’s worst correction officer shortage in 30 years. They counted more than 1,000 open positions and vacancy rates reaching 70 percent in some facilities.

A full slate of legislative interim sessions begin this weekend. One of the biggest will look at addressing the crisis in state jails and prisons.

State corrections leaders will address the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority Sunday afternoon.

Brad Douglas, executive officer, and William Marshall, commissioner for the Division of Corrections and Rehabilitation will report on current employee recruitment, retention and vacancy rates with the division. They will also make a presentation on the juvenile population in the Bureau of Juvenile Services.

Testifying in recent committee meetings, Douglas and Marshall described the state’s worst correction officer shortage in 30 years. They counted more than 1,000 open positions and vacancy rates reaching 70 percent in some facilities. 

Committee member Del. Joey Garcia, D-Marion, said not correcting the vacancy crisis with proposed pay raises was the biggest failure of the recent legislative session. 

“There’s been a number of reports and some type of federal investigation into deaths of inmates and two incidents of alleged violence or abuse,” Garcia said. ”I’ve seen more cages than I ever have, because they don’t have enough correctional officers to take people from one place to another within the jail. I’ve heard from clients about there being more prolonged lockdowns, again, because they don’t have the manpower.”

House Bill 2879 would have given correctional officers a $10,000 pay raise over three years. The bill called for an initial $5,000 raise, followed by $2,500 over the next two years. The current starting pay for West Virginia correctional officers is about $33,000 a year, markedly lower than comparable positions in neighboring states and federal holding facilities.  

The bill passed the House Jails and Prisons Committee unanimously but died in the House Finance Committee. Garcia said the bill needs to be revived, with amendments.

“The pay raises also need to be extended to staff members who have stepped up and have gone into the prisons and done the jobs that many correctional officers do,” Garcia said. “I think they need to be included. There’s also that one time retention bonus, which would be about $5,000. For those officers and staff members, that can be a needed, one time payout.”

Gov. Jim Justice said in a March 15 media briefing that he has tried for two years to get correction officer pay raises. He said the legislature has to get off the bubble on this.

“Is the next alternative to say, ‘I’ll tell you what, let’s do. Let’s just don’t arrest anybody. And let’s just open the jails up and let everybody go,'” Justice said in the briefing. “You can’t blame people that can go right across the border to better themselves.”

Garcia said a special session needs to be called before the problems get even worse.  

If the governor won’t act, the legislature needs to, we can call ourselves in,” Garcia said. “And if the legislature won’t act, then the governor needs to do so, but we have to have some leadership on this issue.”

In a statement, Justice said he still agrees on pay raises and that the problem must be solved. So far though, there is no word on a special session.   

Inmate Dies In W.Va. Custody

Just days after the protesters marched into the state Capitol to hand deliver a petition to Gov. Jim Justice, family members of William Samples identified him as the latest death of an incarcerated individual in West Virginia jails.

West Virginia State Police are investigating the death of an inmate at South Central Regional Jail in Kanawha County.

The death follows a protest by a national activist group that has called for a federal investigation into the deaths at West Virginia’s jails.

Just days after the protesters marched into the state Capitol to hand deliver a petition to Gov. Jim Justice, family members of William Samples identified him as the latest death of an incarcerated individual in West Virginia jails.

At the protest last week, Kimberly Burks, the mother of Quantez Burks, one of the 13 inmates who died in West Virginia jails in 2022, spoke about the mourning her family has done for their son.

“The whole system needs to go into the trash and be revamped because there’s a crisis here,” Burks said. “I do not want to see another family go through what we’ve been through.”

On Friday, March 10, protesters and The Poor People’s Campaign of West Virginia delivered a petition to Gov. Jim Justice’s office, calling for a full federal investigation into local prisons by the U.S. Department of Justice.

Advocates Rally At State Capitol To Demand Accountability in Jail Deaths

There were 13 reported deaths at the Southern Regional Jail in 2022, and more than 100 deaths in the state’s regional jail system in the past decade.

Advocates with the Poor People’s Campaign have notified Gov. Jim Justice of a federal investigation filed with the U.S. Department of Justice’s Civil Rights Division to investigate a rise in reported deaths of those in custody at West Virginia jails.

There were 13 reported deaths at the Southern Regional Jail in 2022, and more than 100 deaths in the state’s regional jail system in the past decade.

On March 10, the families, and the Poor People’s Campaign, held a rally called “West Virginia Mothers and Families Deserve Answers” on the front steps of the capitol building.

Pam Garrison, one of the Chairs of the West Virginia Poor People’s Campaign (WVPPC), told the media and attendants to the rally that the rising number of deaths in West Virginia jails is what made the WVPPC reach out to the national Poor People’s Campaign.

“We sent a letter to Reverend Barber in the national asking them to come and help us, help us bring these family stories to the nation to let them know what’s going on here in West Virginia, and what’s getting hidden under the rugs,” Garrison said. “You know, it’s sad that we have to be here for this. In this kind of situation, somebody has to stand up. Somebody has to speak their mind. They are in the ground, they can’t speak for themselves.”

Lacey Watson ran against Congresswoman Carol Miller in 2022 for her seat in the U.S. House of Delegates. He attended Friday’s rally because he is concerned for his cousin, who is currently in the custody of West Virginia Jails.

“With my cousin being in that situation, we need more accountability from our elected leaders, from our governor all the way down to, those heads of the criminal justice system there at the Southern Regional Jail,” Watson said. “It’s ridiculous that you know, we as family members, we as a community have to demand accountability from the elected leaders that we have.”

Two of the 13 inmates that died last year were Quantez Burks and Alvis Shrewsbury. Their families attended the rally and spoke about their loved ones.

Advocates claim in many of these cases, a person died shortly following their arrival, sometimes within 24 hours. Such was the case for Quantez Burks, according to his mother, Kimberly Burks.

“My son was in their system for less than 22 hours,” Burks said. “The very next day, we got no message, no call, no anything from the state, the police department nor the justice system saying that my son was deceased. They beat my son while he was handcuffed. The private autopsy said he died of blunt force trauma to his whole body. His heart attack was caused because of the stress that his body was put under during their beating. Not only do we need to bring attention to the injustice that is going on in the jail, but we also need to hold these departments accountable for what they’re they’ve done. That means the governor, the chief of police, and the COs, especially since they’re still employed.”

While state lawmakers are considering a proposal to increase transparency in West Virginia’s jail system, families are left in the dark, waiting months for investigations to conclude only to be left with unanswered questions.

Miranda Smith, the daughter of Alvis Shrewsbury shared her family’s story.

“On August 29, 2023, a 45-year-old healthy dad, brother son, grandfather, and grandson entered Southern Regional Jail and only survived 19 days of brutal and inhumane treatment,” Smith said. “He was beaten by fellow inmates and it was ignored and covered up by corrupt correctional officers and authority. He was neglected by the medical staff and due to this maltreatment my dad passed away in Washington Regional Hospital. People who knew and loved him will always see it as if he died in that jail.”

The final speaker was Bishop William J. Barber, President of the Repairers of the Breach and Co-Chair of the Poor People’s Campaign: A National Call for Moral Revival.

“These tears that you see are not black tears or white tears. The pain is tough enough to have a loved one die. It’s tough enough to have someone die, just in life period. But to have all of these unanswered questions, to have all of these distortions, compounds the pain and we’re calling on everyone who believes in righteousness and truth, to turn those all of the investigative tools that you have.”

The rally then took to the sidewalk to march and sing as they delivered a petition to Gov. Jim Justice’s office, calling for a full federal investigation into local prisons by the Department of Justice.

Second W.Va. Corrections Officer Dies From COVID-19

Lt. Delmar Dean.

Lt. Delmar Dean of Weirton is the second corrections officer in West Virginia to die of COVID-19. He died on Jan. 13.

Dean was 49 years old and served at the Northern Regional Jail and Correctional Facility in Moundsville.

Gov. Jim Justice announced the death at his Monday COVID-19 press briefing. He expressed his sympathy for the family. Dean is survived by a wife and two daughters.

“Think about this family. Daughters 13 and 10 years old lost their daddy, and a beautiful wife of 15 years lost her husband,” Justice said.

Justice said there are currently 43 cases of COVID-19 in the West Virginia Division of Corrections and Rehabilitation system. That includes 14 staff members. The rest are active inmate cases, with 24 in the Southern Regional Jail and the remaining five spread throughout other locations.

Cpl. Mark Rustemeyer was the first corrections officer in West Virginia to die from COVID-19. He died on Jan. 2. There have been 725 positive test results among staff, including contract employees in the system.

Nine inmates have died from COVID-19 and another 10 deaths are still waiting for confirmation.

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