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Allegheny County fires five guards at Shuman
Were involved in 'scared straight' incident
Saturday, April 16, 2005

Allegheny County Chief Executive Dan Onorato this week fired all five Shuman Juvenile Detention Center guards charged with roughing up a boy taken there Easter morning by his father for a "scared straight" tour.

 
 
 
Previous coverage

Guards deny hurting boy at Shuman center (4/7/05)
Father, Shuman guards charged (4/1/05)
'Scared straight' bid goes awry (3/30/05)

 
 
 

Based on what county officials who investigated the incident told him, Onorato said, "it was the only option I had."

Yesterday, a preliminary hearing for the men was postponed until May 13.

Attorney Jim Ecker, who is among the lawyers defending the guards against criminal charges, said he was "extremely upset" by the firings, claiming he's never before heard of workers being terminated before a determination of guilt or innocence in a hearing.

Onorato said an employer can discharge a worker for violating rules and procedures, even if there's no criminal action.

County Manager Jim Flynn said, "There was a multitude of policies and procedures violated." He declined to specify which, however, citing the possibility that the boy's mother will sue the county.

Flynn and Onorato said it's certainly not the first time the county has fired workers under these circumstances. The county fired jail guards accused of sexual misconduct with inmates. First the workers were suspended without pay while county officials investigated, then when a determination was made that they'd violated county rules or policies, they were fired.

That is the same pattern the county followed with the Shuman guards, Onorato said.

He added that the county's investigation into the Shuman incident is not over. "We are looking at the management of this place, too," he said.

Flynn added, "We have to look at whether this is part of the culture and environment out there."

A 13-year-old Penn Hills boy, who has never been charged with a crime, told police that his father delivered him into the hands of Shuman guards Easter morning for a "scared straight" session.

The boy, Anthony Donald Jr., said guards threw him to the ground, stripped off his pants, forced him to put on a Shuman uniform, shoved him against a wall, choked him, cursed and spat at him, and solicited detainees to taunt him. The boy suffered bruises, muscle spasms and a swollen neck.

Hospital officials urged his mother, who is separated from the father, to call police.

County police filed charges against the father, Anthony Donald Sr., and five guards, Charles Smith, 57, of Point Breeze; Duayne Nesmith, 36, of Midland; Saaid McFadden, 30, of Homewood; Michael Ginyard, 38, of Point Breeze; and Richard Bratcher, 35, of the Hill District.

Bratcher failed to show up for a preliminary hearing in the case yesterday. Although Assistant District Attorney Laura Ditka could have asked District Judge Eileen Conroy for a warrant for Bratcher's arrest, she agreed to allow the hearing to be postponed.

Onorato and Flynn said a 2002 memo forbids "scared straight" sessions at the juvenile lockup. It permits tours if they are properly authorized, and, Onorato said, "There are very specific guidelines on what tours are."

Attorneys for the guards have said a supervisor approved the "tour" for Anthony Donald Jr.

"We are looking at policy changes," Onorato said. "In my administration these kinds of things won't be tolerated."

First published on April 16, 2005 at 12:00 am
Barbara White Stack can be reached at 412-263-1878 or bwhitestack@post-gazette.com.