A former Oklahoma jail supervisor is now facing prison time after a federal jury convicted him of excessive force and deliberately putting two inmates in harm’s way.
According to the U.S. Department of Justice, Matthew Ware, 53, deprived three pretrial detainees at the Kay County Detention Center in rural Newkirk, Oklahoma, near the Kansas border of their civil rights in 2017 and 2018.
He put two Black detainees, D’Angelo Wilson and Marcus Miller, at risk by placing them in the same unit as white supremacists who attacked them.
“This high-ranking corrections official had a duty to ensure that the civil rights of pretrial detainees in his custody were not violated,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
“The defendant abused his power and authority by ordering subordinate corrections officers to violate the constitutional rights of several pretrial detainees. The Civil Rights Division will continue to hold corrections officials accountable when they violate the civil rights of detainees and inmates.”
According to justice officials, Ware was lieutenant in May 2017 when he ordered lower-ranking officers to place Miller and Wilson on the same cell row as known white supremacists. He later told his subordinates to unlock the Black inmates’ and the white supremacists’ cells at the same time.
As a result, they attacked Miller and Wilson, leaving Wilson with a facial laceration that required seven stitches, officials said.
In January 2018, while acting as captain, Miller directed officers to place inmate Christopher Davis in a “stretched-out position” on a bench. According to former jail employee Stephanie Wright, who reported the incident, Davis was placed in a “crucifixion-type position” in handcuffs.
Ware told officers to restrain Davis’ wrists, each on the farthest side of the bench, for 90 minutes. Justice officials believe the incident, that left Davis with an injury, was in retaliation to the inmate sending Ware a note criticizing how he ran the jail.
Wright’s attorney, Mark Hammons, told KFOR his client was fired for reporting the misconduct to the Oklahoma State Bureau of Investigation and the FBI. Hammons said Wright initially told Ware’s superior about his actions. Jail director Don Jones allegedly told Wright her complaints were “unbecoming.”
Wright filed a federal lawsuit against the detention center and its leaders in November 2019.
“She reported all of the incidents that were prosecuted in this. Despite the fact that she’s the hero of the story, she was punished by the people involved at the authority for her activities. This is a vindication about the importance of her actions,” Hammons said. “And she was on an island. She was the one who was willing to do this, to take the heat for it. And she’s the one who paid the price for doing the right thing.”
The inmate abuse was reported to Kay County District Attorney Brian Hermanson, who recused himself from the investigation, according to reports. However, Washington County District Attorney Kevin Buchanan from the neighboring county declined to press charges.
Instead, he wrote in an October 2018 report that convincing a jury beyond a reasonable doubt that the restraint of Davis was “cruel or unusual” or “corporal” punishment would be difficult. Buchanan did admit the policy manual prohibits the restraint, but he said the recounts of the event were exaggerated.
“In a video of the practice, the prisoner is seen crossing his legs comfortably, is given a bathroom break at the hour mark and then released 20 minutes later,” Buchanan wrote.
Buchanan contended that the second incident was recorded, but the footage was missing. Jones and Ware gave conflicting accounts of what happened, and another officer involved died. Ware was fired before the investigation.
“I do feel compelled to comment on what is an obvious culture from the leadership in the facility to cover up mistakes or outright improper behavior and or violations,” Buchanan also wrote.
However, federal investigators took the case before a grand jury, which returned the indictment in November.
“Criminal conduct by any corrections employee violates the public trust and unfairly tarnishes the reputation of all corrections officials who honorably perform their important work each day,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma.
“This verdict demonstrates our continuing commitment to protect the civil rights of all Oklahomans, including those in custody.”
Ware is facing 10 years in prison, three years of supervised release and a fine of up to $250,000 for each violation. He will be sentenced in about 90 days.
