Prison guards off hook

Monday, Aug. 10, 1998 | 10:48 a.m.

CARSON CITY -- A state hearing officer has overturned the 10-day suspensions of two state prison officers who freed an inmate who had not finished his sentence.

Hearing Officer Pat Dolan, who reversed the suspensions of Senior Correctional Officer Richard Truce and Officer Michael Washington, said the blame for the foul-up must be shared by upper management which never trained the two officers at the Tonopah Conservation Camp. Inmate Earl Flores was released from the Tonopah camp in June 1997 after the expiration of a six-year term. Flores, however, had an additional six-year sentence to serve for a criminal gang enhancement penalty.

At the time, Truce held the status of acting classification caseworker but had authority for discharging inmates. He, however, never received any training and Washington was acting on Truce's orders. Flores was later caught and said he had informed the staff he had more time to serve before being freed.

Dolan, in a decision released Friday, said prison management "must shoulder at least equal responsibility for the failure to train either Truce or Washington in regard to the release process and procedure."

After they were suspended Truce and Washington appealed the disciplinary action.

This was the second decision issued by a state hearing officer criticizing the management of the prison. Hearing Officer David Kladney complained of numerous problems at the women's prison and its management in a prior case. Kladney has been asked to tone down some of the criticism in his upcoming decision.

In another prison appeals case, Hearing Officer John Graves upheld a 30-day suspension for Sheldon Gottschalk, who worked as a refrigeration-air conditioning mechanic at the state prison in Jean.

Gottschalk had keys to the prison including a water key which shuts water off. While making repairs in January, Gottschalk had used the water key to turn off the water. He then left the area, along with the ring of keys unattended for about 75 minutes.

When he returned he found two keys, including one to the gates, missing. He immediately reported the missing keys. No one ever escaped following the incident using the keys, Graves said.

But the prison was locked down for one day and the locks belonging to the lost keys were changed.

Graves said Gottschalk had been a good employee but added the incident shows "an egregious security breach, and indicates a clear and serious security threat.

"The Department of Prisons confines the most dangerous people in Nevada; prison security must be tight, and even seemingly small mistakes by employees in enforcing that security may have unintended and significant impact on the security of the public," Graves wrote.