June 11, 2010
CCPOA Comment Re: CO Robert McGowan
The simplest day- to- day activities of a Correctional Officer can lead to harsh, life-altering, consequences.
In May 2002, inmates at CIM attacked correctional staff. The inmates were restrained and transported to CIM’s Ad Seg unit. CO Robert McGowan was directed to help remove the inmates from the transport van.
Based upon inmate allegations of mistreatment, in February of 2007, a federal grand jury issued an indictment charging McGowan with 2 counts of deprivation of rights in violation of 18 U.S.C. 242.
After a jury trial, McGowan was convicted of these charges in late October 2007. The trial judge granted the defense motion for acquittal and the government appealed. In the summer of 2009, the 9th Circuit Court of Appeals reversed the trial judge’s decision and remanded the matter for sentencing by a different District Court Judge.
On June 7, 2010, despite a very favorable Presentence Investigation Report recommending probation, Robert McGowan was sentenced by that different judge, Otis D. Wright II, to 51 months in a federal prison for violating the civil rights of the inmates who complained about their treatment that day in 2002.
McGowan was also sentenced to 3 years probation when he is released from custody.
CCPOA and the Legal Defense Fund have supported Robert McGowan throughout these proceedings and CCPOA will continue to support him in his appeal of his conviction and sentence.
