WARNING GRAPHIC: Guard 'beats inmate to death'
A North Carolina prison officer charged with causing an inmate's death has been sentenced to three months' prison in the jail he worked at was found guilty of involuntary manslaughter after a 40-year-old prisoner in his care died from blunt force trauma to the head.
Security camera footage inside the Wake County detention center showed Council grabbing Shon Demetrius McClain and twice throwing him to the ground.
Shon Demetrius McClain
McClain, who was in jail for a misdemeanor charge, died from his injuries 13 days after the incident on June 4.
On Thursday a jury found the prison officer guilty after viewing the security camera footage of the incident.
In it, Council is seen pushing McClain away before grabbing him and throwing him to the ground twice.
Council told the court that on the night of the incident he was the only officer in a block of 55 prisoners. He said McClain became confrontational and other prisoners were egging him on.
'I’m telling him that he needs to back up. Again, I’m telling him don’t let his friends get him in trouble. You could hear these guys saying something to him,' Council told the court.
He claimed that when McClain, who was in the jail on an open container and minor drug charge, hit him, the officer tried to handcuff him and called for back up.
The prison officer grabs McClain and lifts the 40-year-old inmate in the air
McClain is thrown to the ground by Council, who was the only officer in the room
Security camera footage showed Council throwing the inmate to the ground twice
'I've got to get him off of me and get him secured. I’m worried about what is going on around me. Your mind shuts down and you go to what you know, which is your training,' he said, adding that he didn't have time to reach for his pepper spray.
'At that point my heart was pounding,' Council told the court as he testified about the confrontation, 5WRAL reported.
Earlier in the case, other inmates testified that McClain had been helpless when the much larger Council overpowered him. Council weighs 290 lb and McClain weighted 119lb.
The guard was asked why he felt the need to throw McClain to the ground twice. And, when asked by a prosecutor why the prison guard didn't try to subdue McClain by sitting on him, he said: 'I was thinking about getting him off me.'
Before he sentenced Council, Superior Judge Paul Gessner said: 'No matter what I do in this case, there will be people who are not going to like it.'
Scared: Markeith Council told the court his heart was pounding
during the confrontation with Shon McClain
After the sentencing, McClain's sister, Marlene Gilbert, told the News Observer : 'He never said "I didn’t mean to do it".'
She added: 'None of us are perfect. The problem I have with Mr Council is he has not at one time showed remorse. My brother has kids. He was a loving father.'
Council, whose wife is expecting their fourth child, was sentenced to 12 to 24 months in prison, but the sentence was suspended and he was ordered to spend 90 days in the jail where he worked and three years probation.
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