In a case that has sparked controversy, two former New York City jail guards, Daniel Fullerton and Mark Wilson, have evaded prison sentences for their alleged negligence in a 2019 incident involving a teenage inmate's suicide attempt.
The authorities have accused the guards of failing to intervene in the suicide attempt for nearly eight minutes, resulting in the teenager suffering severe brain damage.
The Daily News reported on Friday that Fullerton and Wilson received conditional discharges after pleading guilty to misdemeanor official misconduct in May and September, respectively. They will avoid jail time if they manage to stay out of legal trouble for a year.
The charges stemmed from an incident at the Rikers Island jail complex on November 27, 2019, involving 18-year-old Nicholas Feliciano. Fullerton, Wilson, and two other officers were implicated in the case. The other officers' cases are still pending. Feliciano, who now requires long-term medical care, suffered permanent brain damage as a result of the suicide attempt.
According to prosecutors, surveillance footage showed the jail guards walking past Feliciano without taking any action for seven minutes and 51 seconds. A subsequent investigation by the city Board of Correction revealed that the officers believed Feliciano was feigning a suicide attempt.
The report also indicated that Feliciano had a history of depression and had attempted self-harm multiple times while in jail. He was incarcerated at Rikers for a parole violation related to robbery cases. The report recommended several measures, including a system to promptly identify individuals with a history of self-harm in jail and a reassessment of mental health training for guards.
The Bronx district attorney's office issued a statement when the guards were indicted but did not publicly announce Fullerton and Wilson's guilty pleas and sentences. Initially, all the guards were charged with misdemeanor official misconduct and felony reckless endangerment, which can carry a sentence of up to seven years in prison.
David Rankin, an attorney representing Feliciano's family, expressed their satisfaction that the two guards had accepted responsibility by pleading guilty. However, he added, "It is shocking you can just let someone almost die, and you dont get so much as community service."
The Bronx district attorney's office declined to comment on the case. Contact information for Fullerton and Wilson was not immediately available in public records.
Kenneth Montgomery, Fullerton's attorney, defended his client, stating that Fullerton took immediate action upon seeing Feliciano in distress. He criticized the prosecution as "heavy-handed" and "political and overkill."
Details about Wilson's case and his attorney were not available in online court records. The Daily News reported that Fullerton resigned from the Correction Department, while Wilson was dismissed.
The Correction Officers Benevolent Association has labeled the officers' indictments as politically motivated and urged prosecutors to charge inmates who assault guards.
The Rikers Island complex has faced criticism for inmate deaths, violence, mold, and other issues. In August, a federal judge agreed to initiate a process that could transfer control of the city's troubled jail system from Mayor Eric Adams to a court-appointed outside authority.
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