Faced Jail Sentence : Ex-Deputy Withdraws Plea in Jail Beating

A former San Diego County deputy sheriff withdrew his plea Wednesday on a charge of assaulting a jail inmate after probation officials indicated that the inmate’s injuries were more serious than first believed and recommended that the deputy receive a jail sentence.

Arthur Verbeck is accused of punching, kicking and slamming the inmate head-first into a wall during a confrontation last December in a stairwell in the County Jail downtown.

Verbeck pleaded no contest to the misdemeanor charge last month, marking what officials believed was the first time in five years that a deputy has been successfully prosecuted for using excessive force in the jails.

Didn’t Want Jail Time

But the case took an unexpected turn during a sentencing hearing Wednesday morning before Municipal Judge Louis E. Boyle.

According to court officials, Verbeck agreed to plead no contest to the charge in return for a sentence that did not include jail time.

But the judge said at the hearing that, after reading the probation report and two prognosis statements from the inmate’s doctor, the injuries appeared more severe than he had believed.

“Based on that,” the judge said, “I cannot agree to no jail time.”

Verbeck, who resigned after the jail assault and now works as an assistant security officer at the Hyatt Islandia hotel, did not appear at the hearing.

But his attorney, James Gattey, asked that his client not be sentenced, that his no-contest plea be withdrawn and that he be granted a jury trial. The judge then set a trial date of July 20.

Verbeck, a 24-year-old Marine Corps veteran, could not be reached for comment Wednesday. He had been a deputy 13 months. He resigned shortly after the Dec. 4 attack on inmate James Vallario.

The county Probation Department, in its report, recommended that Verbeck receive a 90-day short-term work furlough sentence and be fined $300.

“It appeared clear the defendant was the aggressor as he removed the victim from the ‘up’ stairwell and assaulted him with little or no provocation,” the report says.

It also notes that a deputy and four inmates witnessed the attack, in which “the defendant picked up the victim and threw him against the wall.”

“When the victim fell to the floor, the defendant jumped on his back and repeatedly struck him in the lower back with a closed fist,” the report says. “The victim offered no resistance during the incident.”

In an interview with probation officials, Verbeck said he viewed himself as well-liked by the inmates. But he also said he felt the “stress building up” from his job as a deputy in the crowded jail. He said he was not happy in his position and that he was planning to leave the Sheriff’s Department, “but not under these circumstances.”

Inmate ‘Egging Me On’

At the time of the assault, Vallario was returning from a court appearance. He and a group of inmates were unable to get through a locked door in the stairwell. They knocked twice on the door and announced their presence, at which time Verbeck allegedly threw open the door and began beating Vallario.

The deputy told probation officials that he felt the inmate had been “egging me on” and that he heard Vallario swear at him.

“I lost my temper,” the deputy said in the probation report.

Acknowledging that his actions were “out of line,” Verbeck added that he had planned to apologize to Vallario but the inmate was released shortly after the assault.

Vallario, 43, a Chula Vista cab driver, said in a telephone interview that he believes a jail sentence is proper punishment for Verbeck.

Vallario, who was incarcerated for not paying child support, said many minor offenders in the jails are being treated like harsh criminals by the jail staff.

He said that he still suffers from the beating and that he recently received threatening telephone calls in the middle of the night.

“Now I just want to get the case settled and move out,” he said. “I’m very worried. I’m scared. I’m very scared right now.”

His attorney, Joseph Maiorano, said the doctor’s two reports indicate that Vallario has suffered trauma, intestinal problems, an ulcer, possible internal damage to his liver and kidneys, severe post-trauma stress and psychological difficulties.

Maiorano has filed a claim against the county on behalf of Vallario, which he hopes to settle soon for as much as $75,000.

“You ever take a kidney shot?” Maiorano asked outside the courtroom. “It was that kind of excruciating pain that Mr. Vallario has suffered for days and days and days. He sometimes can’t stand up. He sometimes can’t sit down. He sometimes can’t sit up. Now we’re worried about any permanent damage.”

Asked if he were willing to testify against Verbeck, Vallario said: “I’ll tell them all the facts from the get-go. I’ll testify against him any day of the week.”