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A Bad Day for Inmates Suing Jail Deputies

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TIMES STAFF WRITERS

Orange County prosecutors announced Thursday that they have dropped a grand jury probe into claims that a group of sheriff’s deputies used excessive force against a jail inmate.

The four-month investigation, which included testimony from 17 witnesses, failed to determine conclusively whether the inmate was beaten by jailers or fellow inmates, district attorney officials said.

In another development Thursday, a Santa Ana jury convicted eight other county jail inmates of rioting in a 1999 episode considered one of the most serious in recent years.

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Inmates later filed a $5-million suit over the incident, alleging they were hogtied, beaten and pepper-sprayed as deputies broke up a protest triggered by grievances over cell searches.

But sheriff’s officials insist they used reasonable force to quell the disturbance. And prosecutors this week accused the men of kicking cell bars, throwing bars of soap and yelling obscenities at jailers. The eight inmates face up to a year in jail. Five more are awaiting trial on the same charges.

The two cases are part of a flurry of legal claims against the Sheriff’s Department alleging brutality inside the county jail. Last month, the FBI launched an investigation into the 1998 death of an inmate whose family alleges was caused by deputies.

In the meantime, the news that grand jurors had concluded their probe without handing up indictments was welcomed by Robert MacLeod, general manager for the Assn. of Orange County Deputy Sheriffs.

“I think it’s long overdue,” MacLeod said. “It was clear from the beginning that there was no reason to file charges against these deputies, that the claims of this inmate were preposterous.”

The probe focused on Leonel Vega’s allegations that four deputies attacked him in a secluded area of the Men’s Central Jail and kicked him repeatedly in the groin, injuring him so badly that he required hospital treatment. Vega, now 20, was in jail awaiting trial on charges of possessing heroin at the time of the Dec. 29, 1999, beating.

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Prosecutors said they took the case to the grand jury because deputies refused to give statements to investigators, invoking their 5th Amendment right against self-incrimination. Unwilling witnesses can be compelled to answer questions before a grand jury.

Assistant Dist. Atty. Doug Woodsmall said even deputies who were called as witnesses declined to testify on 5th Amendment grounds, an action he called “unusual.” But MacLeod defended the deputies, saying it is routine for law enforcement officers to invoke their rights and that the deputies eventually cooperated with the grand jury.

Sheriff’s spokesman Jim Amormino said internal affairs investigators will launch an inquiry into whether any deputies deserve to be disciplined over the incident.

“We will leave no stone unturned,” Amormino said. “If the investigation turns up any wrongdoing, appropriate discipline will be applied.”

The four deputies named by Vega have between four and five years’ experience with the department, he said. Deputy Kevin Thomason has been placed on administrative leave on an unrelated matter, he said. The other three remain on active duty.

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