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Department of Corrections and Community Supervision, union disagree over safety

GOWANDA – One would think stray bullets at a prison would cause more than a few raised eyebrows.

But after live ammunition was discovered at the Gowanda Correctional Facility on South Road Friday shortly before 6 p.m., only a partial search of the buildings and grounds was conducted before the facility was declared “secure,” states a media release from the New York State Correctional Officers & Police Benevolent Association, Inc., sent to the OBSERVER by Director of Public Relations James Miller.

The bullets found were of different calibers and in different locations, but both were found outdoors.

“At approximately 5:45 p.m. an officer, who was escorting inmates to the main mess hall, observed an inmate bend down and pick up something off the main walkway outside of the South Tower. The inmate immediately turned to the officer and handed him a live .32 caliber ammunition round,” stated the NYSCOPBA press release. “The officer reported the incident to the watch commander. A search was ordered of all walkways and surrounding areas. During the search, another officer located a .9mm caliber live round on the facility walkway, not far from where the first round was located.”

After a search that the union called “limited,” no more ammunition was found.

Miller told the OBSERVER that NYSCOPBA got word of the incident, and requested that the entire facility be locked down and exhaustively searched, with a goal of keeping corrections officers safe. That request was denied by Department of Corrections and Community Supervision administration in Albany.

Joe Miano, vice president of the NYSCOPBA Western Region, said he spoke with the deputy commissioner, who said DOCCS had “no reason to believe there was any risk.” But Miano and the rest of the union said DOCCS could have – and should have – done better.

“For everyone’s safety, the entire facility should have been locked down and searched,” argued the media release. “There are approximately 1,500 inmates at this facility and there is no way to determine if there is any other live ammunition in the possession of an inmate without having every inmate and their living quarters searched.

Since this ammunition was live, it could easily be discharged with a make-shift weapon in the hands of an inmate. It could be used against staff or inmate, and have deadly consequences.”

Miano explained to the OBSERVER that although the Gowanda facility is a “medium security” prison, that doesn’t mean the inmates committed “medium” crimes. Basically, he said, all of the inmates there have ten years or less to go on their sentences. Therefore, a Gowanda inmate could have committed a low-level crime for which he is serving two years, or, an inmate there could have committed rape, assault, murder, and be at the tail end of a 20-year stint.

“These (inmates) could be offenders from maximum security prisons who were transferred to Gowanda after they had served much of their sentences (elsewhere),” he said, adding that some could be quite dangerous, and that non-metal weapons, like ceramic razor blades or sharpened plastic, are recovered all the time. “The inmates are smart; they know how to get around metal detectors and other security. They’re trying new things all the time.”

Miano isn’t sure why the Gowanda facility wasn’t shut down, especially given that the Orleans Correctional Facility recently saw a similar situation, and was locked down.

“(Two weeks ago), the Orleans Correctional Facility was locked down after a live .44 caliber round was found in the recreation yard (and) the place was searched top to bottom,” he stated. “They shut it down for four days. But in Gowanda, after a short search Friday, it was business as usual Saturday. Why wouldn’t they search the entire facility as a precaution?”

The OBSERVER reached out to the DOCCS Public Information Office, intending to ask why officials felt the situation in Gowanda differed from that in Orleans; however, the representative there could not answer questions. Instead, this statement was offered, made by DOCCS Spokesman Thomas Mailey:

“DOCCS carefully evaluated all evidence and made an informed decision on an appropriate course of action, while ensuring the safety of its staff and inmates in the facility. The facility was locked down immediately following the discovery of the ammunition rounds. An extensive search of all outdoor areas including outside the perimeter was conducted, and the inmates remained in their housing units until the next day after additional frisking of outdoor areas was performed with metal detector sweepers. The kitchen, numerous buildings and the visit room were also searched. In the end, a total of 169 inmates were interviewed, no other ammunition was found, and DOCCS was able to guarantee the security of the facility.”

Miano noted, though, that “extensive” is a subjective term, since no living quarters were searched.

Also, the word “numerous” is relative. There are 1,500 inmates there, not 169. And, safety in a facility populated by a mix of low-level and violent criminals can never be “guaranteed.” Corrections officers were attacked by inmates there in November 2013 and in February 2014, with one guard beaten unconscious in the more recent assault and others seriously injured.

But even without this troubling history, NYSCOPBA’s question still lingers, unanswered. Why wasn’t there a complete facility lockdown and thorough, room-to-room search? Related to that, why isn’t the safety of Gowanda’s corrections officers a priority, like it was for Orleans’ officers? Like it should be for all corrections officers?

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