Attorney General Gurbir S. Grewal today announced charges against four senior correctional police officers related to an incident in which inmates were assaulted and seriously injured at the Edna Mahan Correctional Facility for Women in the early morning of Jan. 12, 2021.

A total of eight corrections officers now have been charged in the ongoing criminal investigation by the Attorney General’s Office of Public Integrity and Accountability (OPIA) and the Hunterdon County Prosecutor’s Office, conducted with the assistance of the New Jersey Department of Corrections (DOC) Special Investigations Division.

“We’ve now charged eight officers in these brutal attacks at the Edna Mahan Correctional Facility, and we continue to pursue all evidence and leads in our ongoing investigation,” said Attorney General Grewal. “I promised to hold everyone accountable who played a role in this horrific incident, at any level of the prison’s hierarchy, and we’re working hard to meet that promise.”

“The alleged actions of the defendants during these heinous attacks on inmates were completely unconscionable— whether they inflicted harm or stood by and allowed others to do so when they had a duty to intervene,” said OPIA Director Thomas Eicher. “We urge anyone with information to call 1-844-OPIA-TIPS and help us ensure that all who bear responsibility are brought to justice.”

Between approximately 10:30 p.m. on Jan. 11 and 1:15 a.m. on Jan. 12, 2021, DOC officers and supervisors assigned to the Edna Mahan Correctional Facility (EMCF) in Clinton, N.J., conducted forced cell extractions of inmates located in the Restorative Housing Unit (RHU) complex. Senior Correctional Police Officers Jose Irizarry, Courey James, Gustavo Sarmiento Jr, and Tara Wallace were involved in the forced cell extractions.

Irizarry, James, Sarmiento and Wallace were charged today by complaint-summons as follows:

Senior Correctional Police Officer Jose Irizarry, 37, of Paterson, N.J.

The complaint against Irizarry (pictured, above) alleges the following conduct:

During the course of the extractions, Irizarry purposely or knowingly attempted to cause serious bodily injury to inmates as an accomplice or as a principal by using force beyond what was objectively reasonable and necessary in violation of DOC policy.

On Jan. 12, 2021 at approximately 1:13 a.m., a five-person suited team comprised of correction officers from EMCF performed a forced cell extraction for “Victim 1,” who was housed in the RHU. During the extraction, Victim 1 was compliant and placed in handcuffs seconds before the extraction team entered the cell. Victim 1 begged officers not to harm her. Rather than permit Victim 1 to leave the cell voluntarily, the extraction team forcibly entered the cell of Victim 1, in violation of DOC policy. Victim 1 could be heard crying in pain as she was struck multiple times by members of the extraction team, resulting in a fractured orbital bone. Irizarry aided and abetted or failed to prevent this unauthorized use of force despite his legal duty to prevent it. Irizarry also failed to report this unauthorized use of force despite his legal duty to do so.

Irizarry was also part of the team that extracted “Victim 2.” During the extraction, Sgt. Amir Bethea deployed pepper spray and did not give Victim 2 an opportunity to comply before the team made entry into her cell, in violation of DOC policy. Irizarry was the first officer through the cell door. During the extraction, Irizarry forcibly used his shield upon Victim 2, who was not resisting, and aided and abetted Correctional Police Officer Luis Garcia as Garcia punched Victim 2 in the head and neck area 28 times, resulting in a concussion and facial injuries. Irizarry aided and abetted or failed to prevent this unauthorized use of force despite his legal duty to prevent it. Irizarry also failed to report the unauthorized use of force against Victim 2 despite his legal duty to do so.

Senior Correctional Police Officer Courey James, 31, of East Piscataway, N.J.

The complaint against James alleges the following conduct:

During the course of the extractions, James purposely or knowingly attempted to cause serious bodily injury to an inmate as an accomplice by using force beyond what was objectively reasonable and necessary in violation of DOC policy.

On Jan. 12, 2021 at approximately 1:13 a.m., a five-person suited team comprised of correction officers from EMCF performed a cell extraction for “Victim 1, who was housed in the RHU.  During the cell extraction, Victim 1 was compliant and placed in handcuffs seconds before the extraction team entered the cell. Officer James was the first officer into the cell and had a direct view of Victim 1 being handcuffed. Victim 1 begged officers not to harm her. Rather than permit Victim 1 to leave the cell voluntarily, the extraction team forcibly entered the cell of Victim 1, in violation of DOC policy. Victim 1 could be heard crying in pain as she was struck multiple times by members of the extraction team, resulting in a fractured orbital bone. James aided and abetted or failed to prevent this unauthorized use of force despite his legal duty to prevent it. James also failed to report the unauthorized use of force against Victim 1 despite his legal duty to do so.

Senior Correctional Police Officer Gustavo Sarmiento Jr. 27, of Maywood, N.J.

The complaint against Sarmiento alleges the following conduct:

During the course of the extractions, Sarmiento purposely or knowingly attempted to cause serious bodily injury to an inmate as an accomplice by using force beyond what was objectively reasonable and necessary in violation of DOC policy.

On Jan. 12, 2021 at approximately 1:13 a.m., a five-person suited team comprised of correction officers from EMCF performed a cell extraction for “Victim 1,” who is housed in the RHU.  During the cell extraction, Victim 1 was compliant and placed in handcuffs seconds before the extraction team entered the cell. Victim 1 begged officers not to harm her. Rather than permit Victim 1 to leave the cell voluntarily, the extraction team forcibly entered the cell of Victim 1, in violation of DOC policy. Victim 1 could be heard crying in pain as she was struck multiple times by members of the extraction team, resulting in a fractured orbital bone. Sarmiento aided and abetted or failed to prevent this unauthorized use of force despite his legal duty to prevent it. Sarmiento also failed to report the unauthorized use of force against Victim 1 despite his legal duty to do so.

The complaint against Wallace alleges the following conduct:

During the course of the extractions, Wallace purposely or knowingly attempted to cause serious bodily injury to an inmate as an accomplice by using force beyond what was objectively reasonable and necessary in violation of DOC policy.

On Jan. 12, 2021 at approximately 1:13 a.m., a five-person suited team comprised of correction officers from EMCF performed a cell extraction for “Victim 1,” who is housed in the RHU. During the cell extraction, Victim 1 was compliant and placed in handcuffs by Officer Wallace seconds before the extraction team entered the cell. Victim 1 begged officers not to harm her. Rather than permit Victim 1 to leave the cell voluntarily, the extraction team forcibly entered the cell of Victim 1, in violation of DOC policy. Victim 1 could be heard crying in pain as she was struck multiple times by members of the extraction team, resulting in a fractured orbital bone. Wallace aided and abetted or failed to prevent this unauthorized use of force despite her legal duty to prevent it. She also failed to report the unauthorized use of force against Victim 1 despite her legal duty to do so.

Second-degree charges carry a sentence of five to 10 years in prison and a fine of up to $150,000. The second-degree official misconduct charge carries a mandatory minimum sentence of five years in prison without possibility of parole. The second-degree aggravated assault charge carries a mandatory term of parole ineligibility equal to 85 percent of the sentence imposed.

The charges are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.

Attorney General Grewal commended all of the attorneys, detectives and investigators who are conducting the ongoing investigation for the Office of Public Integrity and Accountability, Hunterdon County Prosecutor’s Office, and DOC Special Investigations Division. The lead attorneys are Deputy Attorney General Jonathan Gilmore, Special Deputy Attorney General Michael McDonald, Deputy Attorney General Debra Conrad and Assistant Prosecutor Kelly Daniels of the Hunterdon County Prosecutor’s Office, under the supervision of OPIA Corruption Bureau Chief Peter Lee and OPIA Deputy Director Anthony Picione.

Following the incident, the Attorney General’s Office deployed victim-witness advocates to speak with the inmates who were targeted on January 11 and to help them obtain the medical and psychological services they need. Attorney General Grewal also thanked those advocates.

Details regarding the allegations and charges against the four correctional police officers who were charged previously are contained in the press releases posted at these links:

Defense Attorneys:

For Irizarry: Peter W. Till, Esq., Springfield, N.J.

For James: Michael Pedicini, Esq., Chatham, N.J.

For Sarmiento: Tamra Ketcher, Esq., Rem Katcher Law Group, Hackensack, N.J.

For Wallace: Sharon Bittner Kean, Esq., Madison, N.J.