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Crime

Fourth state inmate tests positive for COVID-19

Eddie Burkhalter

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An inmate at the overcrowded Elba Community Based Facility and Community Work Center has tested positive for COVID-19, the Alabama Department of Corrections said Thursday. 

The latest positive test is the fourth inmate in state custody to have a confirmed case of the virus. 

Dave Thomas, 66, a terminally-ill man who was serving at the St. Clair Correctional Facility, died April 9 after testing positive for coronavirus.  

A 52-year-old male serving at the St. Clair prison also tested positive for the virus, as did a 33-year-old man serving at the Bullock Correctional Facility 

The inmate at the Elba facility who tested positive was taken to Easterling Correctional Facility in Barbour County and quarantined “in an isolation cell,” ADOC said in the statement. 

The other inmates at the Elba facility were quarantined as well, according to the statement. The Elba facility in January was at 425 percent of its capacity, according to ADOC’s monthly statistics. There were 234 people housed in the facility, which was designed to hold 55. 

ADOC’s facilities statewide in January were at 170 percent capacity. Despite calls from advocacy groups, legal experts and scholars, state officials have not taken steps to release ill inmates or those close to the ends of their sentences, as numerous other states have done.

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“Elba’s inmate population and staff will be monitored closely for signs and symptoms of COVID-19 to include taking and recording temperatures twice per day. Appropriate measures will be taken should an inmate become symptomatic in accordance with CDC guidelines for COVID-19,” the statement reads. 

“Today, the ADOC accepted a community donation of 3,246 bars of antibacterial soap, 439 bottles of travel-size shampoo and conditioner, 71 tubes of toothpaste, 49 boxes of tissues, and seven bottles of hand sanitizer. The collection was coordinated by Alabamians for Fair Justice,” ADOC said. 

“We extend our thanks and appreciation to Alabamians for Fair Justice and all those across our communities who donated hygiene supplies, which initially will be distributed strategically to inmates deemed as high-risk. As additional hygiene supplies are received, the ADOC will distribute them more broadly to inmates across our facilities,” the statement continued. 

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Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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Crime

Alabama parole officers seize firearms, ammunition and drugs in Enterprise

The seized evidence will be presented to a grand jury for further action and to authorities for potential federal charges.

Brandon Moseley

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(STOCK PHOTO)

Officers of the Alabama Bureau of Pardons and Paroles on Wednesday seized two semiautomatic weapons, ammunition and drugs from a convicted armed robber in an operation in Enterprise. One of the seized weapons was stolen.

Alabama Bureau of Pardons and Paroles director Charlie Graddick praised officers Jared McPhaul and Troy Staley for their work.

“The first job every day of our officers is to protect public safety,” Graddick said. “These officers stopped a parolee with a violent history from potentially using illegal weapons to harm someone. We are all grateful for their hard work and dedication.”

The officers arrested parolee Jay Gatewood on a parole violation. Gatewood is out on parole after serving prison time for first-degree robbery and child abuse. Evidence of a possible parole violation was found after a search of Gatewood’s car.

The seized evidence will be presented to a grand jury for further action and to authorities for potential federal charges.

Parolees are required to report to parole officers periodically. Gatewood had failed to report for the month of October so McPhaul directed him to come to the Enterprise office to report. The officers had received a tip that Gatewood might be engaging in illegal activities.

When Gatewood arrived, the officers, acting on the tip, asked if there was anything improper in his vehicle. On questioning, Gatewood admitted to the officers that there was a gun in his car.

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McPhaul and Staley then searched the vehicle and found two 9 mm semiautomatic handguns. They also found three ammunition magazines, two of which were fully loaded, and a jar of marijuana with a digital scale.

The parole officers turned the evidence over to the Enterprise Police Department. McPhaul said that one of the guns had been reported stolen.

On March 17, 2008, Gatewood was sentenced to 25 years in prison for the armed robbery of a Dothan law office. He received three additional years for a child abuse conviction.

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After serving just eight years of his sentence with the Alabama Department of Corrections, Gatewood was paroled in 2016. This was before Graddick was appointed the director of Pardons and Paroles. Gatewood has been supervised by parole officers since his release from prison.

For a convicted criminal to be in possession of firearms is a federal offense. That as well as the possession of illegal drugs and stolen property are all parole violations.

Gatewood, who has been jailed for the alleged parole violations, could potentially have his parole revoked for any one or more of these offenses. That will be determined in a future hearing.

Gatewood could potentially face new charges in the federal system for the gun charge. The stolen property and the marijuana could also be prosecuted in the state court system.

The possession of the digital scale is an indication that the marijuana was for other than personal use.

Depending on the amount of marijuana in the jar and any other evidence presented to the grand jury, Gatewood could potentially face a felony drug charge.

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Crime

Alabama inmate dies after inmate-on-inmate assault

Edwin Wells, 29, died on Oct. 10 from injuries during an apparent inmate-on-inmate assault at the Easterling Correctional Facility, the Alabama Department of Corrections confirmed on Tuesday. 

Eddie Burkhalter

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(STOCK PHOTO)

A Prattville man became at least the 19th Alabama inmate to have died this year in a state prison of circumstances that were avoidable. 

Edwin Wells, 29, died on Oct. 10 from injuries during an apparent inmate-on-inmate assault at the Easterling Correctional Facility, the Alabama Department of Corrections confirmed on Tuesday. 

Wells death makes at least the 19th inmate to have died from either suicide, drug overdoses or homicide, according to records kept by the ACLU of Alabama’s Campaign for Smart Justice. His death is at least the seventh suspected homicide in state prisons this year. 

ADOC doesn’t typically publish information on an inmate death unless a reporter discovers the death through other means and requests the information, with the expectation of deaths of inmates who tested positive for COVID-19, which the department does regularly release. 

“The ADOC condemns all violence in its facilities, and the fatal actions taken against Wells by another inmate are being thoroughly investigated,” said ADOC spokeswoman Samantha Rose in a message to APR. “Wells’s exact cause of death is pending a full autopsy, and more information will be available upon the conclusion of the investigation into his death.”

A U.S. Department of Justice report in April 2019 found that Alabama’s overcrowded, understaffed prisons for men were likely in violation of the Constitution’s Eighth Amendment and its prohibition on cruel and unusual punishment, and that ADOC regularly failed to protect inmates from sexual and physical violence perpetrated by other inmates.

An expected followup report by the Department of Justice in July detailed why the federal government believes systemic use of excessive force within Alabama’s prisons for men violates the Eighth Amendment. 

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As of Tuesday, at least 29 state inmates and two prison workers have died after testing positive for COVID-19. There have been 453 confirmed coronavirus cases among inmates and 429 among prison staff as of Oct. 14, according to ADOC.

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Crime

28th Alabama inmate dies after testing positive for COVID-19

Since the start of the pandemic, 441 Alabama inmates and 415 staff have tested positive for coronavirus.

Eddie Burkhalter

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(STOCK PHOTO)

Johnny Dwight Terry on Oct. 8 became the 28th Alabama inmate to die after testing positive for COVID-19. 

Terry, 74, had multiple health conditions and was taken from Limestone Correctional Facility to a local hospital on Oct. 6 after exhibiting symptoms of coronavirus. He tested positive at the hospital where he remained until his death, the Alabama Department of Corrections said in a press release on Friday. 

Two additional inmates and four workers at Limestone prison also tested positive for COVID-19, according to ADOC, bringing the total number of inmates who have tested positive at the prison to 23 and infected staff to 26. 

Since the start of the pandemic, 441 Alabama inmates and 415 staff have tested positive for coronavirus. Two prison workers at Julia Tutwiler Prison for Woman died after testing positive for the disease. Of the state’s approximately 22,000 inmates, 2,834 had been tested for coronavirus as of Oct. 7, according to ADOC.

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Corruption

Attorney general opposes motion to reconsider Hubbard’s prison sentence

“Hubbard is not being punished for his reversed convictions. He is being punished for the crimes of which he remains convicted,” Marshall wrote to the court. 

Eddie Burkhalter

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Former Alabama House Speaker Mike Hubbard reported for his prison sentence at the Lee County Detention Facility on Sept. 11.

Alabama Attorney General Steve Marshall in a court filing Tuesday opposed a request by former House Speaker Mike Hubbard’s attorney for the court to reconsider his 4-year sentence on six felony ethics violations.

Marshall in the filing said that after four years of appeals, Hubbard remains convicted of those felonies.

“This Court’s carefully calibrated sentence of a four-year split, among other penalties, properly accounted for the severity of Hubbard’s crimes, the position of trust he abused, and the need for serious penalties to deter other wrongdoers,” Marshall wrote to the court. “In addition, Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency now that he is finally in jail.”

“In sum, nothing material has changed since Hubbard earned his four-year sentence four years ago. It’s simply time for him to serve it. Accordingly, his motion should be denied,’ Marshall continued.

Hubbard had originally been convicted by a Lee County jury on 12 ethics violations, and the Alabama Court of Criminal Appeals upheld 11 of those convictions, but the Alabama Supreme Court later reversed five of those convictions and upheld six.

He began serving his four-year sentence for the six convictions of using his office for personal gain on Sept. 11.

Hubbard’s attorney argued in a separate court filing that the court should reconsider his sentence because five of the 12 convictions were reversed, but Marshall told the court Tuesday that the sentence Hubbard received was just.

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“Hubbard is not being punished for his reversed convictions. He is being punished for the crimes of which he remains convicted,” Marshall wrote to the court.

Hubbard’s attorney in his request to reconsider sentencing also argued that Hubbard has already suffered from a “divestment of his business interests.”

Hubbard’s convictions related to consulting contracts that enriched him while he served as speaker.

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The state’s attorney general at the time of his conviction determined that Hubbard had bilked Alabama out of more than $2 million.

“Suffice it to say, it is a bad advocacy strategy for Hubbard to mourn his loss of an income stream worth millions, which he financed on the backs of hard-working Alabamians who expected an honest elected official. That Hubbard has lost some of these ill-gotten gains in no way suggests that Hubbard has paid back his debt to society,” Marshall wrote to the court.

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