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Deputies at Rancho Cucamonga jail orchestrated brutal attack on inmate, lawsuit alleges

San Bernardino County Sun - 12/15/2021

Dec. 15—For the second time in two years, deputies at the West Valley Detention Center in Rancho Cucamonga have been accused in a federal lawsuit of conspiring with inmate Alex Garcia to brutally attack another inmate.

On Jan. 9, Garcia and several alleged gang affiliates rushed into the cell of inmate Michael Ebert and assaulted him, breaking his arm and nose, while deputies accused of conspiring with Garcia stood by and watched, according to the lawsuit filed Saturday, Dec. 11, in U.S. District Court in Riverside.

The lawsuit names as defendants the county of San Bernardino and up to 10 sheriff's deputies whose names still have to be confirmed, said Ebert's attorney, Ed Lyman.

"Throughout the approximately 10-minute attack, deputies watched while Ebert sustained great bodily injury, including multiple wounds, fractures, and internal injuries," according to the lawsuit. "After Garcia and his affiliates dispersed, the deputies harassed Ebert and refused to provide him with any medical care."

Jail gang implicated

Lyman said Garcia and his affiliates, in a jail gang called The Green Lighters, slammed one of Ebert's arms against the sink in his cell and against the wall, breaking it. Ebert's cell door, as well Garcia's and those of other inmates in Unit 11 at the jail, were opened automatically by the custody specialist working inside the unit's central control room referred to as "the bubble," Lyman said.

Since the attack, Ebert's injuries have not been properly addressed. He's gone through four casts, but his broken arm has not been set by a doctor, and his broken nose was never treated, according to the lawsuit.

"Nearly one year has passed and Ebert still has not received the surgery. His fractured arm cannot heal without it. He remains in severe and constant physical pain," according to the lawsuit. "But the defendant deputies continue to deprive him of necessary medical care, in a blatant effort to conceal and cover up their illegal activities and collusion with gangs."

Sheriff's Department spokeswoman Gloria Huerta declined to comment, saying the department does not comment on pending litigation.

Previous attack

Garcia, 42, already incarcerated at West Valley in a murder case, was charged in May 2019 with one felony count of assault likely to produce great bodily injury for the Dec. 31, 2018, beating of inmate Richard Freeman. Also charged in that case was former Deputy Luke Van Ginkle, now 25, who conspired with Garcia to have Freeman attacked by Garcia.

Additionally, Deputy Arthur Enriquez was charged with one felony count of accessory after the fact. He witnessed the incidents and helped cover them up, authorities said.

Under agreements with prosecutors, Van Ginkle pleaded guilty in July 2020 to one felony count of assault by a public officer and was sentenced in August to six months in jail and three years probation. Enriquez pleaded guilty in May 2020 to one misdemeanor count of obstructing or delaying a peace officer and was sentenced to three years probation.

Garcia awaits trial in both his murder case and the assault case involving Freeman.

Corruption 'pervasive'

"My client told me about Alex Garcia and what happened in the past. I read the past news articles and was totally shocked!" Lyman said in a telephone interview. "It's disturbing, and it spells out how pervasive the corruption is within the facility. It begs the question of who continues to enable this, why and to what end."

Like in Ebert's case, a custody specialist working the control station in Freeman's unit in December 2018 opened the cell doors that allowed Garcia to attack him. Van Ginkle orchestrated other assaults on inmates, according to those who witnessed the incidents, one of whom said he actually carried out an assault ordered by Van Ginkle out of fear of what the deputy would do to him if he didn't.

Ebert, 34, was charged along with David Thomas Delgado Sr. in June 2020 on multiple counts of attempted murder, assault and weapons charges for a June 23, 2020, high-speed pursuit in which they shot at pursuing California Highway Patrol officers in Barstow, near the Interstate 15 and 40 junction. No officers were injured in the incident.

At the time, Delgado was wanted in Mohave County, Arizona, for attempted first-degree murder and aggravated assault on a peace officer in an incident that occurred two days before in which Delgado shot at a sheriff's deputy who had pulled him and another man over for a traffic violation, authorities said.

Delgado, 39, recently died in custody at West Valley of COVID-19, according to the recently filed lawsuit.

Following the January 2021 assault on Ebert, investigators from the sheriff's internal affairs division interviewed him about the incident, yet still did not see to it that Ebert received the medical attention he needed, Lyman said.

"They didn't rush off to get him his surgery. They certainly didn't get him the help he needed. This was several months ago," Lyman said. He said he does not know the status of the internal affairs investigation.

Lawsuit settlements

San Bernardino County paid out more than $4 million to settle lawsuits alleging that for years, dozens of inmates, especially food servers at West Valley, were subjected to a pattern of routine Taser torture by deputies as part of a brutal hazing ritual.

And since Jan. 1, 2018, the county has paid out nearly $5 million to settle lawsuits alleging severe inmate medical neglect in county jails that resulted in serious injury or death, according to records provided by the county.

On Tuesday, the Sheriff's Department announced that another West Valley inmate, Gary Allen Victor, 57, of Apple Valley, died on Monday, Dec. 13, at Arrowhead Regional Medical Center in Colton. He was taken to the hospital on Dec. 2 and admitted to the ICU for multiple health problems, including COVID-19, and his health gradually declined.

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