CO union wants tougher laws for inmates who spit in face of officers

Posted 14 August 2019 at 3:36 pm

Press Release, New York State Correctional Officers & Police Benevolent Association

ALBION  – An officer was elbowed in the side of the head and another spit on by an unruly inmate at the medium security correctional facility in Albion on Gaines Basin Road, according to a news release from the New York State Correctional Officers & Police Benevolent Association.

Officers were conducting a cell frisk on Friday, Aug. 9, at approximately 10:45 a.m. An inmate was removed from the cell and was pat frisked. He became belligerent and unruly and would not listen to staff directions. Several officers grabbed the inmate in body holds and removed him from cell block. During transport,  he took his left elbow and struck an officer in the right side of the head, NYSCOPBA said.

Once under control the inmate was placed in another cell. As an officer was closing the cell door, the inmate turned and spit directly into his face, eyes and mouth.

The officer who was struck in the head sustained minor abrasions to the side of the face. He was treated at the facility and remained on duty.

The officer who was spit on was treated at Rochester Medical Healthcare for exposure. He did not return to duty.

The inmate, 39, is serving a 14-year sentence after being convicted for criminal possession of a weapon in the 2nd and criminal sale of a firearm the 3rd degree in Sullivan County in 2012. He faces internal disciplinary charges.

“This type of incident is exactly why NYSCOPBA pursued legislation that would amend the current law that makes it a Class E Felony if an inmate throws any type of bodily fluid or contents of a toilet bowl onto an officer,” said Joe Miano, NYSCOPBA Western Region Vice President. “Spitting on an officer, especially in the face, eyes and mouth, can be extremely hazardous to the officer’s health and that act should be prosecuted as a felony and nothing less.”

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