Man Shot by Guard in Prison Dies

An Oxnard man granted early release from state prison after he was shot by a correctional officer and declared brain dead has died at a Bakersfield hospital, authorities said.

Daniel Provencio, 28, died at 2:05 p.m. Friday at Mercy Hospital, according to the Kern County coroner’s office.

Provencio’s family fought to get him released early from prison after he was struck in the head Jan. 16 by a foam projectile fired by a guard attempting to break up a brawl at Wasco State Prison.

Provencio had been connected to a ventilator and feeding tubes since the incident.

Provencio was discharged from custody last month although he had about five months remaining on his sentence for violating parole stemming from a drunk-driving conviction.

The case focused attention on Corrections Department policy requiring that prisoners in community hospitals be guarded 24 hours a day. For Provencio, that requirement cost $1,056 a day, an expense criticized by some lawmakers who consider such supervision unnecessary.