Jailers cleared in O.C. inmate death

A nine-month grand jury investigation into the beating death of an Orange County jail inmate found that no crimes were committed by sheriff’s deputies accused of instigating the assault and ignoring the victim’s cries for help, Dist. Atty. Tony Rackauckas said Friday.

But Rackauckas said the 2006 slaying of John Chamberlain could have been avoided and admonished the Sheriff’s Department for not following its own procedures to ensure inmate safety, although he wouldn’t elaborate.

“It’s clear that some people in the Sheriff’s Department didn’t properly perform their duties,” he said. He called for legal reforms in Orange County to help “clean up our act.”

Acting Sheriff Jack Anderson said Friday that he was glad the district attorney’s office had completed its investigation and that he planned to launch an internal review, looking “full bore” at whether deputies violated rules and regulations. If so, they could face discipline up to and including termination, he said.

Chamberlain, 41, of Mission Viejo was killed in the Theo Lacy Jail in Orange after about 20 inmates stomped him for nearly half an hour while an on-duty deputy watched TV in the guard station. The inmates wrongly believed Chamberlain was charged with child molestation. In fact, he was accused of possessing child pornography. It was the first slaying in an O.C. jail in two decades.

A civil lawsuit brought by Chamberlain’s father alleged that deputies set up the beating and promised the attackers they would be rewarded by being allowed to watch a Major League Baseball playoff game on television. The suit, which sought $60 million, was settled last month for $600,000.

Earlier Friday, indictments were unsealed implicating two former inmates in Chamberlain’s killing. Raul Villafana, 21, is being held without bail and Jeremy Dezco Culmann, 24, on $1 million bail. Seven other men were previously charged and are awaiting trial.

“This is totally bogus,” said Richard McKinney, Culmann’s brother. “My brother’s kind of like a patsy. They can’t solve the case so he’s got to take the fall.”

The Sheriff’s Department conducted the original investigation of the death despite a policy to refer all jail deaths to the district attorney to avoid possible conflicts of interest. Rackauckas later sought the grand jury investigation. He said 79 witnesses were subpoenaed, including 42 sheriff’s personnel and five retired officials, including former sheriffs Michael S. Carona and Brad Gates.

“I felt we needed a complete investigation of John Chamberlain’s death as well as the manner that this investigation was handled by the Sheriff’s Department,” Rackauckas said Friday. “If we could have proven a case that any member of the Sheriff’s Department was criminally responsible, there’s no question an indictment would have been issued.”

Last week, two assistant sheriffs were forced from their jobs as a result of the grand jury probe. Assistant Sheriff Jo Ann Galisky, who oversaw jail operations, was fired and colleague Steve Bishop, in charge of investigations, resigned.

Asked whether sheriff’s officials were negligent, Rackauckas said “negligence by itself is not criminal.”

He said, however, he expected that the department would discipline some deputies, although he would not elaborate. The grand jury testimony remains under seal.

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