Now, this should make for an interesting torts case. Oklahoma State Penitentiary moved prisoner, Paul Duran Jr., 23 (left), after he had a fight with another cellmate. They choose Jessie James Dalton (right), who not only has a name for crime but happens to be the very man that Duran testified against in a murder case (resulting in his being given a life sentence without parole). Dalton allegedly beat Duran to death within 15 minutes.
Duran and Dalton were both accused in the January 2002 shooting death of Billy Wayne Ray in Oklahoma City. Duran took a plea on a robbery charge and testified against Dalton on the murder count. Duran received a 28-year sentence.
The prison admits that the inmates were supposed to be kept separate. In such cases, there is always a suspicion that a guard might have used an adverse cellmate as punishment for the inmate. In most such assignments, the issue is treated as a discretionary matter. However, this is one of the rare cases where a lawsuit might have a chance of success. These cases often involve prison rape allegations where prison officials ignore abuse of a prison or even allegedly take sadistic pleasure in such attacks as in this case.
It is an entirely different matter why parents would want to combine the names of Jessie James and the Dalton gang to create the perfect moniker for a criminal.
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I think you should let the prisoner. MR.DALTON out. THE MAN. HAS BEEN PUNISHED LONG ENOUGH,for a criminal robbery. its very sad and pathetic to view in black & white just how everything seem to fall so perfectly for the state against Mr.Dalton. In reguards to your sick twisted comments; Mr.Dalton is not a mad dog who needs to be put down. Mr.Dalton is a loving father,cousin,son,uncle, & the most perfect husband that I will only have in this life time of mine. Yes, i agree that there is a well deserved lawsuit that the state of Oklahoma will pay for the justifications of putting Duran into Mr.Daltons cell. He shall be pardoned for the 1st murder he never committed & in doing so the state shall see that it was in self defense when Duran stepped into his cell. This being said Oklahoma citizen’s your hard earned tax paying? moneies will be turned over to Mr.Dalton. A lawsuit will be present in your courts. THERE IS NO JUSTIFICATION OR AMOUNT OF MONEY THAT CAN REPLENISH THE TIME I HAVE LOST WITH MY INNOCENT HUSBAND!!
well this is my opinion and i know that is the one i will talk.first of all the law supposed to protect the right of anyone that will tastified against someone elsed .so they did a big mistake by putting 2 inmates in the same cell.it wasnt right at all that he tastified against the person who trick on tjhe other person.it was an awful thing to do.the law jeaoperdized hes safety.what know after he told the truth ,the court set him up.it s bad to have a case resolved by the same person that has told the truth .caused know the court got the truth and he got killed .for me it was all a set up.so we neeed to stop this violenced in jail .just caused ther prisoners doesnt mean they are not human caused they are.the law should be study more carefully and more closer view.
This could only happen in US
Remember that there are a myriad of jurisdictional differences for peace officer/law enforcement officer qualifications/status’ throughout municipal, local, state, and federal jurisdictions.
The following information is quoted and I added the (*) emphasis.
__________________________
“California Department of Corrections and Rehabilitation… the largest *law enforcement* agency in California”
{Quote: “SPEC: CORRECTIONAL OFFICER CALIFORNIA STATE PERSONNEL BOARD
CORRECTIONAL OFFICER DEFINITION
“Under supervision as a *sworn peace officer*, to provide the public protection by *enforcing State and Federal laws* and administrative regulations while supervising the conduct of inmates or parolees of a State correctional facility or camp; and to do other related work.”
“Any person prohibited by State or Federal law from possessing, using or having in his/her custody or control any firearm, firearm device, or other weapon or device authorized for use by the California Department of Corrections is not eligible to compete for, be appointed to, or continue employment in this classification.”
“Why join the California Department of Corrections and Rehabilitation? As the largest *law enforcement* agency in California, CDCR can offer you more opportunity for growth and promotion than anyone else. We have more *uniformed officers* than the California Highway Patrol and the Los Angeles Police Department combined. That means an unprecedented opportunity to promote and grow.”
“CDCR Peace Officers are trained at the* Basic Peace Officer Academy* located in Galt, California and Stockton, California. Cadets must complete a 16-week, formal and comprehensive training program. The curriculum consists of hundreds of hours of training and ranks among the top three correctional academies in the nation. Instruction includes, but is not limited to, firearms training, chemical agents, non-lethal impact weapons, arrest and control techniques, and State of California law and Department policies. Cadets must also successfully complete the Peace Officer Standards and Training courses (POST). Upon completion of the academy, cadets attend a graduation ceremony where they are then sworn in as *State Peace Officers”*
“Peace Officer Law & Legal Definition” (from USLegal.com)
“A peace officer is generally a *law enforcement officer*, which may include a variety of positions responsible for enforcing laws, such as police, probation officers, *correctional facility personnel*, juvenile justice employees, attorney generals, and others. The precise definition of a peace officer is governed by state laws, which vary by state.” End Quote}
passingthru, are prison guards not law enforcement officers? I thought the law enforcement system was inclusive of prisons and guards were police. Maybe not. Perhaps I’m thinking of the Federal job system wherein Leo’s act as security guards at various installations and Agency buildings.
Funny, I was having a debate today with someone about if prison ‘really was that bad.’ I guess this answers it.
Funny lottakatz, I get that same feeling… only it only conjures up Los Angeles and New York City. That’s neither here nor there this wasn’t law enforcement or law enforcement officers… it was a prison guard. Tuff job but not law enforcement.
Sorry for just foaming at the mouth (and Oklahoma among a few others, is on my mental list, just didn’t list it) but I just get so sick of reading about this kind of stuff. It’s happened too often and for way too long. The first ‘tazer’ like incident I read about was in the Mother Jones mag in the 70’s about Texas lawmen using cattle prods on people they had arrested for minor crimes and suspicion thereof. 30 years ago I knew that if I ever got caught doing something that even LOOKED illegal I didn’t want to get caught in Texas or Florida.
Why is it that every time I read of some egregious error (or what should be criminal negligence) of law enforcement or some deliberate, sadistic action by a law enforcement officer (when a State is not specified) a brightly flashing sign in my head that says “Texas, Florida, California” lights up? And if it’s not Texas or Florida or California its some other of a short list of states like Alabama, Arkansas, the Carolina’s, New Mexico or Arizona. [No, I have no stats, citations or learned references.] It just seems to me over the last 10 years that if I read the names and details I can guess the State with some good degree of accuracy.
This is just another reason to support Chuck Norris’ plan for Texas to secede from the union. I’d sign that petition and add some State names to the list.
I am just so tired of reading this same-old, same-old.
Other than that FLEO is right about stopping the prison violence though we disagree on the method. Just being sent to prison for most offenders is ‘cruel and unusual’ punishment and unwarranted for most of the people behind bars.
Former Federal LEO: I agree with you. Down home, though, we’d put it more bluntly: i.e. there are some killers who need to be put down like mad dogs–and we all know, there’s no “rehabilitating” a mad dog.
An outside legal panel should investigate whether or not the supervisory guards intentionally placed the 2 inmates together. If so, then they must be fired and charged as accessories to murder. If their actions were unintentional, then they still must never have law enforcement duties and charged with a lesser crime as accessories to Mr. Duran’s death.
Mr. Dalton must receive the death penalty for his actions.
I understand that most people who post within this blawg are strongly opposed to the death penalty. However, some sociopathic criminals—like Mr. Dalton who has taken 2 lives—are beyond rehabilitation and he would likely kill again, if provoked or given an assignment to kill another prison mate by his prison gang.
Many innocent people, or those who have committed lesser crimes, are incarcerated with hardened criminals to be beaten, sexually abused, and sometimes killed and society must stop the violence within the prison system. The death penalty is one method that must be used for the most severe cases. I am an atheist so I do not remotely consider that murderers will receive their due punishment on Judgment Day by a vaporous, anthropomorphic ‘figurehead’ setting on some Great White Throne floating somewhere on a cumulus cloud of water vapor.
Human nature requires resolutions to injustices whether war crimes or crimes against human life and exacting punishment here and now is critical to meeting that need. Had Mr. Dalton received the death penalty for murdering his first 19-year-old victim, he would not have had the opportunity of murdering his second 23-year-old victim. If he lives, one can only speculate the age of his next murder victim. However, if he is put to death for 2 murders, then the speculation ends and the resolution begins for the victims’ families and society.
That is a fantastic name. Does a kid stand a chance with a moniker like that?