Former West Virginia jail officer pleads guilty to civil rights
violation in fatal assault on inmate
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[November 14, 2024]
By JOHN RABY
CHARLESTON, W.Va. (AP) — A former correctional officer in southern West
Virginia pleaded guilty Wednesday to a federal civil rights violation in
the death of a man who died less than a day after being booked into a
jail.
Mark Holdren entered a plea agreement in U.S. District Court in which he
admitted conspiring with other officers to beat Quantez Burks as
retaliation at the Southern Regional Jail in Beaver.
Holdren was among five ex-correctional officers and a former lieutenant
at the jail who were indicted by a federal grand jury in November 2023,
the same month that two other former jail officers entered guilty pleas
in the beating.
Burks, 37, was booked into the jail on a wanton endangerment charge in
March 2022. According to court documents, Burks tried to push past an
officer to leave his housing unit. Burks then was escorted to an
interview room where correctional officers were accused of striking him
while he was restrained and handcuffed.
Holdren admitted to his role in the assault, knew that the interview
room had no surveillance cameras and was aware that inmates and pretrial
detainees who had engaged in misconduct had previously been brought to
the room to enable officers to use unreasonable force without being
caught on video, according to court documents. Holdren also admitted he
knew it was improper for officers to use such force to punish inmates
and pretrial detainees.
Holdren faces up to 30 years in prison and a $250,000 fine. No
sentencing date was immediately announced.
Two other former officers, Ashley Toney and Jacob Boothe, face
sentencing in January for their guilty pleas to violating Burks' civil
rights by failing to intervene in the assault. Ex-officers Steven Wimmer
and Andrew Fleshman are set for sentencing in February after pleading
guilty last year to a felony conspiracy charge. Trial for the remaining
three defendants is scheduled for Dec. 10.
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The Southern Regional Jail in Beaver, W.Va., is seen in this undated
photo. (Rick Barbero/The Register-Herald via AP, File)
The case has drawn scrutiny to conditions and deaths at the Southern
Regional Jail. Last year, West Virginia agreed to pay $4 million to
settle a class-action lawsuit filed by inmates who described
conditions at the jail as inhumane. The 2022 lawsuit filed on behalf
of current and former inmates cited such complaints as a lack of
access to water and food at the facility, as well as overcrowding
and fights that were allowed to continue until someone was injured.
Gov. Jim Justice’s administration fired former Division of
Corrections and Rehabilitation Executive Officer Brad Douglas and
Homeland Security Chief Counsel Phil Sword after a federal
magistrate judge cited the “intentional” destruction of records in
recommending a default judgment in the lawsuit. That followed a
hearing in October 2023 in which former and current corrections
officials, including some defendants in the lawsuit, said no steps
had been taken to preserve evidence at the jail, including emails
and documents.
The state medical examiner’s office attributed Burks’ primary cause
of death to natural causes, prompting the family to have a private
autopsy conducted. The family’s attorney revealed at a news
conference in 2022 that the second autopsy found Burks had multiple
areas of blunt force trauma on his body.
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