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Fired guards charged with misusing tear gas

Patrick S. Pemberton
The Tribune, June 28, 2001

Samuel Cornelius Bryant, 53, and Joseph Andrew Serna Sr., 47, were fired December 2000 from their jobs as senior youth correctional officers, according to Josie Hayes-Slonski, public information officer at the youth authority facility. Bryant faces seven charges of assault by a public officer; Serna faces four.

But the alleged victims are the worst and most violent wards in the facility and have no credibility, say defense attorneys, who add that the defendants have solid work histories.

Bryant’s attorney, Marshall Hodgkins of Fresno, said the allegations stem from two years ago, making it difficult to compile a defense.

“All these allegations occurred in 1999,” he said. “Where have they (the charges) been?”

In a court hearing Tuesday, Hodgkins requested disciplinary records regarding the alleged victims. The prosecution has argued that those records are confidential since they entail juvenile matters.

Deputy District Attorney Andy Cadena could not be reached for comment.

Attorneys will meet again on that issue next month. Meanwhile, a trial date has been set for Sept. 12.

The youth authority has been conducting internal investigations over the past 19 months, Hayes-Slonski said. The allegations concerning Bryant and Serna involved actions allegedly committed between October 1997 and June 1999.

According to the internal report, the men worked at Cambria Cottage, where the most assaultive and violent wards are placed. Approximately 40 offenders, between 16 and 20 years old, reside in that portion of the facility.

The investigation began after another counselor reported that colleagues had allowed fights between wards as a means of conflict resolution and had misused tear gas emitted from hand-held canisters known as foggers. The chemical, also called mace, can cause injury to eyes, nose and skin.

The county grand jury last year cited the use of foggers as a potential problem at the facility, reporting that there was no accountability procedure in place for use of the spray.

Foggers are supposed to be used to prevent wards from injuring each other, vandalism or significant disruptions in institutional operations, according to the grand jury report. But the report said they were misused for reprisal and general discipline, sometimes causing injury to wards. Bryant allegedly used them early in the mornings, according to the youth authority investigation, when wards were not expecting to be sprayed.

According to the investigation, the use of chemical restraint sprays increased dramatically during a three-year span. In 1997, they were used 11 times. But in 1998 they were used 55 times, and they were used 76 times in the following 11 months. A total of 15 wards are listed as victims in the court files.

Defense attorneys argue that their clients only used the foggers when needed. And they are needed when working in the most violent unit at the facility, Hodgkins said.

“The worst of the worst juvenile wards were sent to where Mr. Bryant was,” he said.

Bryant had been an employee at the youth authority for 14 years, he said, with no record of discipline.

Serna also was a good worker, said his attorney, Jeff Stein. That’s why he was promoted to his most recent position.

“He’s been commended and acknowledged as a superior performing employee,” he said. “I don’t think he did anything unlawful in the course of carrying out his duties.”

Both men are fighting through the state personnel board to get their jobs back.

Popped Plank Sinks Boat, But Not Spirit

Jerry Bunin
The Tribune, June 28, 2001

Avila Beach -- Longtime local fisherman Deke Wells docked his live-bait boat about 10 p.m. Friday and headed home to Pismo Beach to grab some grub and a shower.
   When he returned two hours later, the 42-foot Mello Boy was under about 20 feet of water, leaving Port San Luis without a key player in the local fishing industry.

The Mello Boy sank when a wooden plank below the waterline popped out, letting seawater rush in.

Without live bait such as sardines and anchovies, sport and recreational tuna fishermen would suffer, Port San Luis Harbor Master Jay Elder said. “With live bait, your chance of catching more fish and quality fish are enhanced greatly.”

Port San Luis fishermen know Wells’ value, since he has the only live-bait boat working in the port.

They are rallying to help Wells, 57, while he spends the next 30 to 45 days repairing the 52-year-old boat he bought for $52,500 in 1995.

A fund-raiser barbecue will be held tonight at the Port San Luis Yacht Club to help Wells stay fiscally afloat. He has insurance but won’t have an income while his boat is dry-docked.

Wells, a Porterville native fishing out of Port San Luis for about 15 years, said Wednesday that he is moved by the support he has received.

Seeing his boat sunk, he said, “kind of tears you up. We’re all big, tough fisherman, but I know I’ll lose it at the fund-raiser. It’s been a tough couple of years. My wife died last year of cancer after 34 years of marriage. This is damn near as tough.”

Dianna and Deke Wells have both been popular participants in the Port San Luis community, said Steve Puglisi, president of the Port San Luis Tuna Club, which is organizing tonight’s fund-raiser.

“She was just loved by everybody,” Puglisi said. “The guy has had some awfully bad stuff happen to him. He needs to know our community supports him.”

Tuna club members Bob Hather and John Roffoni inspired their group to organize the fund-raiser, Puglisi said.

Wells estimated that his $50,000 insurance policy will pay for most of the repairs to the boat that he and crewman Joe “Chovie” Derringer use.

After the boat sank, Wells helped get it out of the water, met with insurance people, talked with Fish and Game and Coast Guard officials about pollution leaking from the Mello Boy and started repairs.

Yet he found time to worry about his clients and comrades at sea. He contracted with Billy Boy, a ship out of Virg’s Landing in Morro Bay, to supply live bait to Port San Luis until the Mello Boy is back at sea.

“Make sure everyone knows that,” he said. “There will still be live bait at Port San Luis.”

That kind of attitude doesn’t surprise Harbor Master Elder. “Deke works hard and pays attention to business. He cares and is well-liked throughout the fishing community.”