ALBUQUERQUE (CN) — An Albuquerque jailer beat and kicked a shackled inmate until other jailers pulled him off — and it was caught on film and the jailer was charged with kidnapping and aggravated battery, according to civil and criminal complaints.
Joe Garcia sued the Bernalillo County Metropolitan Detention Center and its Officer Christopher Facey on March 16 in Bernalillo County Court.
An arrest warrant and criminal complaint issued on Dec. 8, 2016 charges Facey with kidnapping and aggravated battery for the Dec. 7 attack.
Garcia claims that Facey, a transportation officer, endangered his safety as soon as they got to jail, by identifying him as having protective custody status — assigned to inmates kept separate from the general population, as protection from other inmates — then by calling him a “cho-mo,” or child molester, in front of other inmates.
While he was waiting to be booked in, Garcia says, Facey tackled him, though he was “bound by four point shackles,” then punched and kicked him several times, and dragged him from the sally port into the Transfer Office, where he continued beating and kicking him until two other officers pulled him off, asking Facey, “What the fuck are you doing?”
It was caught on the jail’s video monitors, according to the criminal complaint.
According to Facey, and the criminal complaint, the beating was set off by Garcia telling Facey: “Fuck you, nigger.”
Facey was placed on administrative leave. He had worked at the jail since 2010.
Jail administrator Thomas Ruiz told the local Fox TV station: “We just regret that that has happened because we know it violates public trust and we apologize for that. This sort of thing has to stop.”
Neither party's attorney could be reached for comment Tuesday.
Garcia seeks punitive damages for excessive force, battery and constitutional violations.
He is represented by Joseph Kennedy with Kennedy, Kennedy & Ives.