Two former jail guards accused of using excessive force on a pretrial detainee were acquitted of the most serious charge of violating the civil rights of the detainee.
The federal trial of the two guards, Robert Kirsch and Christopher Johnson, concluded on Sept. 16 with the acquittal.
Kirsch and Johnson, who were employed at the Santa Barbara County Main Jail, were both accused of using excessive force against an inmate, identified as Charles Owens in the indictment, during an incident in June 2013.
A choppy surveillance video taken from inside the jail allegedly showed Kirsch and Johnson suddenly take Owens down to the floor and begin delivering kicks and knee strikes. Through their attorneys, both guards argued that Owens was resisting and they were trying to restrain him, according to federal court records.
This is the second trial in the case. On June 23, a 9-3 hung jury favoring the guards couldn’t agree on a verdict, and a mistrial was declared.
Although Kirsch and Johnson no longer face the most serious charge of civil rights violations, Johnson was found guilty of obstruction of justice and will be sentenced in January.
There’s still the matter of the federal civil rights lawsuit against Kirsch and Johnson filed by Owens in May 2014. Included in the list of defendants is Richard Zepf, who was also a jail guard at the time.
This article appears in Sep 24 – Oct 1, 2015.