Deputy Fired After Escape Receives Settlement

An Orange County sheriff’s deputy who was fired after five inmates escaped from County Jail in Santa Ana in November has received $8,000 as partial settlement of his claim that he was treated unfairly, a county official said Thursday.

The settlement figure, which was confirmed by Chuck Hulse, chief deputy auditor-controller, involves jailer Michael Elliott, who is now a Maywood police officer. As a result of the settlement, Elliott was given a clean employment record and allowed to resign voluntarily.

Deputy County Counsel Robert Austin, who negotiated the settlement, said he was prevented from discussing it publicly because both sides had agreed to keep the Aug. 31 settlement confidential.

“This is a result of an arbitration hearing and it’s a personnel matter and, therefore, exempt from the public,” Austin said.

Elliott was placed on administrative leave and then fired by Sheriff-Coroner Brad Gates as part of a series of disciplinary actions against Elliott and five other deputies after the escape.

Five inmates, including Michael Douglas Taylor, 35, a notorious jewel thief, escaped from the jail Nov. 20, 1988, by rappelling from the top of the four-story building.

One inmate broke his leg during the escape and was caught immediately. Another inmate surrendered Thanksgiving Day and two others were arrested in Denver two weeks later. It took authorities until May 20 to finally capture Taylor, who was arrested in Rapid City, S.D., trying to sell diamonds at a pawn shop.

The day after the escape, Gates blamed the deputies, including Elliott and Deputy Daniel Walsh, who were on duty on the jail rooftop. Then in February, Gates said at a news conference that the deputies were watching television in the rooftop guard station, in violation of department policy, when the escape occurred.

At one point, one deputy left the rooftop post to show his vacation photographs to a jail sergeant downstairs, Gates said.

Gates’ statements were an attempt by the sheriff to blame jailers and divert attention from the sheriff’s administration, said Bob MacLeod, president of the Assn. of Orange County Deputy Sheriffs.

Before Gates’ news conference, the deputies association released internal jail memos showing that authorities had been warned two months in advance that an escape attempt was being planned by Taylor.

“In our view, the Administration wanted to focus attention someplace other than themselves as taking responsibility for the escape,” MacLeod said Thursday.

Lt. Richard Olson, a spokesman for Gates, who was out of town on vacation Thursday, rejected MacLeod’s views.

“The bottom line is if the deputies had been in their proper locations (the escape) wouldn’t have happened,” Olson said.

Elliott had contended he did nothing wrong. Walsh, who was suspended for one month, has filed a claim against the county for back wages. A hearing is scheduled for Walsh on Sept. 25.

MacLeod said he “would be amazed” if Walsh or any of the other three deputies who have filed appeals do not prevail in arbitration.