Thursday, January 28,1988/The Battalion/Page 9
2 prison officers jailed
I for assault of prisoner
HOUSTON (AP) — A state
prison supervisor and a former
prison officer are heading to jail
while a third former official is on
probation after pleading guilty to
charges stemming from the brutal
beating of an inmate.
U.S. District Judge Gabrielle Mc
Donald on Monday sentenced for
mer Maj. Wilton David Wallace to
five months in jail for violating the
civil rights of Frank Navarro Cer
vantes, an inmate who spent more
than a week in the hospital after a
1983 assault.
The judge also sentenced Lt. Da
ryl French, the supervisor, to three
Police find
drugs, arrest
Texas activist
HOUSTON (AP) — A local ac
tivist best known for his efforts to
free death row inmate Clarence
Brandley was arrested Tuesday
and charged with possession of
cocaine.
The Rev. Jew Don Boney was
later released on $5,000 bond.
Boney, 36, was arrested early
Tuesday after arguing with a
doughnut shop waitress over
whether to turn off a television.
Police said they found about a
gram of cocaine and some drug
paraphernalia on Boney while
searching him after the arrest.
John Ball, manager of the Mrs.
Baker’s Donuts store, said Boney
argued with the waitress after she
turned off the television. After
the woman refused to turn on the
television, Boney followed her
into an office and she called the
police, Ball said.
U.S. Rep. Mickey Leland, D-
Houston, went to the police sta
tion to learn more about Boney’s
arrest.
Leland said he was surprised at
the arrest of Boney, whom he has
worked with at several occasions
on issues dealing with the black
community.
months in jail and former Sgt. Paul
Sanford to two years’ probation for
being accessories after the fact.
The three pleaded guilty Dec. 15
to misdemeanors. Charges against
eight others were dismissed.
A seven-count indictment accused
the men of beating Cervantes, an in
mate at the Darrington Unit near
Rosharon in September 1983, and
then attempted to cover up the inci
dent.
Prosecutors claimed Cervantes at
tacked two guards with a board, then
dropped it and barricaded himself
in a prison dayroom.
They said prison employees broke
into the room and beat the unarmed
Cervantes with nightsticks, then
launched the cover-up plot.
Defense attorneys said their cli
ents honestly reported what they saw
during the incident that also sent at
least two prison employees to the
hospital.
Cervantes was convicted in 1984
of two counts of aggravated assault
for attacking the guards with the
board.
He was given a 25-year term to be
served concurrently with the 15
years he was serving for aggravated
robbery.
Texas high court:
Constables entitled
to reasonable pay
AUSTIN (AP) — The Texas Su
preme Court ruled Wednesday that
a county constable is entitled to more
than a badge, a gun and $ 1 a year.
The case involved C.A. Douthit,
Ector County’s Precinct No. 3 con
stable from January 1977 through
December 1980. While in office
Douthit collected the $l-a-year sal
ary set by county commissioners
without ever asking for more, court
records indicate.
But 10 months after he left office,
Douthit submitted a claim for
$80,500 and filed a lawsuit seeking
“reasonable compensation” for his
years of service.
A state district court in Odessa
ruled against Douthit, but the El
Paso Court of Appeals on Sept. 30,
1987, overturned that decision, or
dering Ector County to set “a rea
sonable amount of compensation,
office expense and travel expense”
for Douthit.
Attorney Steve Hershberger of
Odessa, who represented Ector
County in the appeal, said Wednes
day that the commissioners court
had set a salary of $20 per month for
two other constables who had com
plained of inadequate pay. That also
is the salary now paid Ector County
constables.
In its argument to the Supreme
Court, Ector County pointed out
that Douthit knew the salary when
he ran for the job and that a court
ruling in his favor would set “an un
wise precedent for hindsight
judgment of salaries paid all county
officeholders.”
The county also told the Supreme
Court that the constable job carried
other compensation including “the
right to wear a badge and carry a
S un ”.
“Historically, that was kind of a
big deal,” Hershberger said Wednes
day. “In Ector County, it was why
people ran for the office.”
The Supreme Court sent the case
back to the district court, which will
decide just compensation with Ector
County commissioners.
Will Hadden, Douthit’s lawyer,
said he and his client would prepare
a proposal for commissioners to re
view.
Douthit is now a house mover in
Odessa, Hadden said.
“It’s a constitutional office,” the
lawyer said. “He performed the du
ties and he’s entitled to the salary.”
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