PRIVILEGED AND CONFIDENTIAL

FORM 5-1A
REVISED: 12/01/02

CORRECTIONS CORPORATION OF AMERICA

INCIDENT REPORT
FACILITY:Lee Adiustment Center
MILITARY TIME OF INCIDENT:a pprox. 1925hrs

INCIDENT NUMBER:04-i205-245-1
DATE OF INCIDENT:September 14.2004
II. Type of Incident:
PRIORITY I

Death — any person
Escape
Rape (forced sexual assault)
Inmate disturbance (major property
damage or injury)
q Loss of firearm
Facility damage (major property damage)
q
q Hostage @king
q Employee work stoppage
q Erroneous release
q
Work-related accident involving employee
injury requiring admission to a hospital
q Other
q
q
q
q

PRIORITY II

Assault resulting in Serious Physical
injury
q Attempted escape
q
Attempted suicide/self-mutilation
requiring treatment or admission
to a hospital
q Discovery of significant amount of
drugs, alcohol or controlled substance

q

II.

Description Of incident:

q
1:::1
q
q
q

PRIORITY II (CONTINUED)

PRIORITY III (CONTINUED)

Interruption of institution services that
affect the daily facility operations

Attempted rape (sexual assault)
q Assault or fight with less than
Inmate disturbance (no major
Serious Physical Injury and more
property damage or injury)
than Superficial Injur
Use of force resulting in Serious
Use of force resulting in less than
Physical Injury
q
Serious Physical Injury and more
Firea rm discharged
is c ha
than Superficial Injury
Loss of security keys or any tool that
0 Other
is capable of causing death/ serious
physical injury or facilitate an escape

Discovery of ANY firearm/
ammunition
q Walk-away
q Work-related accident involving
employee injury requiring outside
medical attention
q Any arrest of any employee/visitor
q

PRIORITY III
q Multiple food illness complaints
within 24 hours
q Work-related accident involving
employee injury not requiring
medical attention

q PRIORITY

IV

Failure to return

Assault or fight with superficial or no
injuries
q Use of force with superficial or no
injuries
0 Self-mutilation or an attempted
suicide not requiring treatment at nor
admission to a hospital
q Discovery of other potentially
q

dangerous contraband
q Other

(Include precise location in the facility the incident occurred)

On 9/14/04 at approx. 1925hrs C/O Brian Adkins made a call for assistance on the Lee Adjustment Center Loop
/Recreation Yard) and Capt. Harold King radioed for all available units to respond to the Loop. C/O Adkins was working
the tower on the LooP when four inmates began to tear the tower down with concrete cigarette butt containers. The
inmates proceeded to pull several 2x4 railings loose from the tower rails. At this time C/O Adkins began to video the
incident. C/O'S Sammy Harold and Greg Terry were also assigned to the Loop, and began to give verbal directives to the
inmates to halt the property damage. Recreation Coordinator Calr Briscoe was also present on the LooP monitoring a
horshoe tournament. CIO Monica Davidson was the first responder to arrive at the Loop. Once there C/O M. Davidson
took the video camera from C/O Adkins and continued to video the incident. The inmates who were attempting to tear
down the tower moved to the side of the maintenance building and began to use the 2x 4's in an attempt to gain entry into
the
••&
••11
•
•.• j/
••
• 111
.•
- Lees
•-•
• 1/• • •
Senreqation and Central Control. C/O Donald Gabbard and C/O Micheal Cox responded to the Loop. Capt. King and C/O
Terry attempted to get the inmates who were vandalizing the maintenance building to stop at which time the inmates
began swinging the 2x 4's at them causin g the staff to back away. The inmates then told C/O M. Davidson to stop filming
and began to chase her off the LooP swinging the 2x4's at her and demanding the video camera. The responders then
began using verbal directives to get the other inmates to exit the Loop. Capt. King told the inmates that if the y let C/O
Atkins out of the tower, the staff would leave the Loop. The inmates complied and allowed C/O Atkins to come down from
the tower and leave the LOOP. After exiting the LOOP, the staff locked the seven remaining inmates who were vandalizing
the maintenance building. on the LOOP, and began to try to get the other inmates to return to their housing units. CIO Lee
Bennett secured the LooP gate. Capt. Mullins arrived with the MK9 OC foqqers and the videocamera from Segregation
which he gave to C/O Jason Davidson to begin filming. At 1931 hrs, AM! Donna Stivers moved from the Administration
building to Central Control, initiated the IMT process and began to page the SORT Team. IM Stivers radioed an order for
all inmates to be placed on lockdown and for all units to radio a status report. Capt Kinq and the respondinn staff began
giving directives for the inmates on the Vard to return to their units, with no compliance. Capt. King then attempted to
instruct the inmates to CIO into the West Dorm smoking area to no avail. The video camera operated b y C/O M. Davidson
began to stop working due to the battery d ying. Capt. Kinq then reported that the seven inmates who had been locked on
Proprietary Information – Not for Distribution – Copyrighted
Page 1 of 6

PRIVILEGED AND CONFIDENTIAL

FORM 5-1A
REVISED: 12/01/02

the Loop had used the 2x 4's to pry the Loop g ate open, had exited the Loop and were be g innin g to break windows in the
South Dorm. Capt. King reported approx. thirty to forty inmates were trying to climb the North Dorm mana g ement fence.
Capt King then notified IM Stivers that the seven inmates had gotten off of the Loop and that approximatel y 200 to 300
inmates were on the yard refusina directives and causin g property damage. IM Stivers then called 911 and notified the
dispatch that she needed assistance due to a disturbance. Recreation Coordinator Briscoe went to the Recreation Room
and then proceeded to the Recreation Office. C/O M. Davidson. C/O Jason Davidson, C/O Michael Cox. CIO Andy
Gabbard and C/O Brian Atkins went to the breakroom in o p erations (Administrative The inmates on the yard
began throwing rocks at them and breaking windows in the Administrative building. At approx. 1940hrs. a staff recall was
initiated. At 1946hrs N/O Wings were reported locked down and staff began reporting that fires were set within the
institution. C/O M. Davidson advised that a fire had been set in the Administrative building after inmates attempted to
break in and net the staff out unsuccessfully. At approx. 1945hrs Chief Bryon Ponds arrived on g rounds. Capt. Muffins
and Capt. King began to move all yard staff up the hill towards Central Control. Inmates from the West Dorm smoking
area began to throw rocks at the staff movina up the hill. At approx. 1948hrs, Capt. King and Chief Ponds entered the
armory and beaan issuing chemical / inflammatory agents to responding staff which included A/W David Frye, C/O Richie
Woodard, CIO Keith Prvse and Lt. Terry Fultz (with K-9 unit Donva) and Sat. Greg Deaton who was on duty at the time. At
approx. 1950hrs, IM Donna Stivers advised Managina Director Melod y Turner that she would be sending a response team
into the facility to rescue staff and that at this time, she was not sure where all staff were located. Radio reports and staff
visuals indicated the following staff locations: Maintenance Officer Kris Golden was located in Maintenance with three
inmates. C/O Joann Estes. RN Carolyn McIntosh and RN Arnetta Fu g ate were locked inside the medical file room,
Canteen Lisa Pearson was locked inside the kitchen, C/O Scott Lvcliter and Sat. Kenneth Snowden were locked in the
North Dorm upper staff bathroom, C/O M. Davidson, 0/0 Jason Davidson, C/O Michael Cox, C/O Andy Gabbard and C/O
Brian Atkins were trapped in Operations (Administrative building) and Recreation Coordinator Carl Briscoe was locked in
the Recreation Office in the Administration Building. While on the phone with Melody Turner, IM Stivers received reports
from perimeter that inmates were trying to make their way to the perimeter fence. IM Stivers then advised C/O Gary
Brandenbura to g0 to the Armory to get shotguns and to issue them to firearms qualified respondina staff to secure the
perimeter. A total of nine shotguns were issued to the perimeter staff. At approx. 1955hrs, IM Stivers sent the response
team on grounds to rescue the remainina staff who were in distress. Melody Turner advised chemical I inflammatory
agents only for the response team. The following agents were authorized to the following staff: David Frye (MK9 Fogger),
Bryon Ponds (MK9 1515 Triple Chaser CS Grenade), Richard Hobbs (MK9), Richie Woodward (37mm 1 MK9), Keith
Prvse (37mm / MK9), Greg Deaton (37mm Multi-Launcher), Terry Fultz (MK9) - Chemical I Inflammatory Rounds issued
for the 37mm's included: 565 Scat CS, 501 CS Muzzle Blast, 502 OC Muzzle Blast, 570 CS Short Rang e Speedheat
Grenades, 560 CS Lona Range Speedheat Grenades and RB40 Rubber Stinger Rounds - All MK9's were OC Foggers.
Upon entering the yard and movina down the hill, inmates began throwing rocks, batteries, cans of food, wood and other
items at the responding staff from the North Dorm smoking area. The response team observed that the North Dorm
smoking area fence crate was beina breached by the inmates. The response team's 37mm's were fired into North Dorm
smoking area to stop the throwina of objects and to prevent inmates from advancing on the response team. 37mm rounds
reported fired at this time were: I- CS Muzzle Blast (Sgt. Deaton), 1- OC Muzzle Blast (Sgt. Deaton), OC Muzzle Blast
(0/0 Woodward) and I- OC Muzzle Blast (0/0 Pryse). Chief Ponds deplo yed 1- 515 Triple Chaser CS grenade between
South Dorm and West Dorm smoking area due to a large number of inmates advancing towards the response team and
failing to follow verbal directives. A unidentified inmate picked up a portion of the grenade and threw it back at the
response team contaminating them with CS. At this time, the response team was forced to return to Central Control
because they were contaminated with the chemical agent from the grenade. The response team did not successfully
rescue staff on the first attempt due to the chemical / inflammatory agents being largely inneffective. IM Stivers advised
Melody Turner that chemical / inflammatory agents had failed and Melod y Turner approved the use of shotguns on the
yard. At 2015hrs, IM Stivers authorized shotguns loaded with beanbag rounds only and birdshot in the responding staffs
pockets that would only be used if necessary. Weapons and chemicals for the second response attempt are as follows:
David Five (Shotgun I MK9), Brvon Ponds (Shotgun / MK9'). Richard Hobbs (MK9), Ritchie Woodward (37mm I MK9),
Keith Prvse (37mm I MK9), Greg Deaton (37mm Multi-Launcher / MK9), Terry Fultz (MK9 and K-9 Unit Donya), Marvin
Henson (Shotgun) Archie . Moore (Flex-Cuffs) - All MK9's were OC Foggers. Upon entering the yard, inmates began to
throw rocks, batteries, cans of food, wood and other items at the response team from the North Dorm and West Dorm
smoking areas. The response team's 37mm's were fired into the North Dorm smoking area in order to stop the throwing of
objects and to prevent inmates from advancing on the response team. 37mm rounds reported fired at this time were: 1CS Speedheat (Sgt. Deaton). 1- CS Speedheat (C/0 Woodward), I- RB40 Rubber Stinger Round (C/0 Woodward) and
1- CS Speedheat (C/O Prvse). At this time, Chief Ponds directed all inmates in the West Dorm smoking area to set on the
ground. The inmates initially complied. Two inmates attempted to get up off the ground and Chief Ponds depfoved a short
burst of OC from his MK9 Foqqer causing the inmates to comply with directives. At approx. 2020hrs, responders from the
second team located Recreation Coordinator Carl Briscoe who then began assisting the team. While the inmates were on

Proprietary information – Not for Distribution – Copyrighted
Page 2 of 6

PRIVILEGED AND CONFIDENTIAL

FORM 5-1A

REVISED: 1 2/01102

lust arrived at the facilit y herian to use flex-cliffs to restrain the inmates in the
front. During this time. Records Clerk Barbara Fstes was briefl y grabbed from behind by an unknown inmate and then
released. At a pprox. 2040hrs, due to the smoke from a g arbag e can fire in KLM Win g (West Dorm). IM Stivers authorized
evacuation of KI M into the hallway of West Dorm. During the evacuation. an inmate attempted to strike Sgt. James
Withers with a closed fist. Sgt. Withers struck the inmate with his hands in order to defend himself. Also at approx.
2040hrs the team radioed that C/O M. Davidson. C/O Jason Davidson. C/O Michael Cox. C/O And y Gabbard and C/0
Brian Atkins had been rescued from Operations (Administration buildinal. C/O M. Davidson and C/O J. Davidson had
taken the tams out the video cameras and put them in their pockets. leavin g the cameras on the tables in O perations due
-artier s tem nts -bout anti • the cameras. At a•• ox. 047 s. t i - re •ons te. 0 re che• e
to th .t
sidewalk by the kitchen and ordered the inmates present to la y on the ground. Sgt. Deaton sprayed a 1 second MK9 OC
Foaaer burst at the around due to noncom pliant inmates attempting to rise to their feet after initially laying on the around.
At approx. 2048hrs. AW Frye radioed that he had rescued Lisa Pearson from the kitchen and that the team must CIO to
North Dorm to net staff in the Upper North bathroom due to distress calls over the radio. Also at a pprox. 2048hrs,
• erimeter advised that there were 'inmates close t• the •er m ter fence. IM Stivers a se• that 'f inm tes a em •t to climb
the fence. to use what force is necessar y to prevent escape (Vice President O perations Jimmy Turner verbally nave IM
Stivers that directive by phone). At 2058hrs, IM Stivers advised the response team to g0 to the North Dorm staff bathroom
to retrieve the two staff members trapped in the Upper North staff bathroom. Once the team entered the North Dorm, A/W
Five and one team entered one side of the dorm and Chief Ponds and a second team entered the other side of the dorm.
Inmates were given directives to get on the floor and submit to cuffs while staff began to place flex-cuffs on them. Once
the lower floor was under control, the two teams moved to the upper floor and initiated the same process. After securing
the top floor, C/O Scott Lvcliter and S g t. Kenneth Snowden were rescued from the North Dorm Upper staff bathroom. At
approx. 2102hrs. Chief Ponds, ANV Frye and Lt. Fultz entered the West Dorm and placed handcuffs on an inmate that
was discharging two fire extinguishers in N davroom. At approx. 2104hrs, a mild explosion was reported in the area of the
Chaplain's office. At 2108hrs, KSP arrived and began to provide perimeter support. Response teams called in to Central
Control and advised that all North Dorm inmates were being restrained and that the dorms were being brought under
control. At this time. staff advised that they needed to evacuate North Don-n due to the fire in the Administration building.
IM Stivers approved for the North Dorm inmates to be evacuated into the g rassy area beside medical after they had been
restrained. Inmates from the North Dorm were evacuated, escorted to the grassy area and instructed to sit down in the
grass. At approx. 2115hrs, C/O Vicky Bennett went to the main gas shut off valve and cut off gas to the facilit y to prevent
an explosion. At approx. 2119hrs, Archie Moore advised that he had retrieved C/O Joann Estes. RN Carol yn McIntosh
and RN Arnetta Fugate from medical. At approx. 2122hrs, while assisting in escorting inmates from the North Dorm to the
grass y area beside medical. C/O Richie Woodward dischar g ed a 1 second MK9 OC Foager burst towards an unidentified
non-compliant inmate and accidentally contaminated C/O Prvse and C/O Steve Turner. Also at approx. 2122hrs, CIO
Gregg Bowling discharged a 1 second MK9 OC Foqqer burst into the air above the grassy area to gain compliance from
North Dorm inmates who were standing up and refusing to sit down. At a pprox. 2123hrs a perimeter fence check was
completed and the perimeter fence was reported to be intact with no breaches. At 2124hrs, inmates were reported to be
breaking windows out of West Dorm cells. At approx. 2130hrs, Maintenance Officer Kris Goldev was retrieved by
members of the. response team. At approx. 2134hrs, several small explosions were reported from the canteen. Following
the sucessful evacuation of North Dorm, several of the responding staff began to conduct the same handcuffing process
in the South Dorm that had been used to restrain the North Dorm. It was observed by the response team that a portion of
the South Dorm smoking area fence had been pulled away from the around. At 2149hrs. staff advised that all dorms were
under control, all inmates were restrained and preparation for an institutional count was initiated. At 2150hrs, all staff were
accounted for. At 2153hrs, an institutional count was conducted. At 2214hrs. the Fire Department arrived with thirty
members to attempt to contain the various fires. At 2241hrs, the canteen fire was reported to be under control. At approx.
2225hrs, twenty- one Eastern Kentuck y Correctional CERT team members arrived at the facility. At a pp rox. 2320hrs_six
Marion Adiustment Center SORT members arrived at the facilit y and at approx. 2325hrs eleven Otter Creek Correctional
SORT members arrived at the facilit y. At a pprox. 2327hrs. all CERT and SORT members entered the yard and beaan
assistins with escorting the inmates from the grassy area to West Dorm. At approx. 0000hrs, four more Marion
Adiustment SORT members arrived to assist. At approx. 0030hrs, Mana g in g Director Melod y Turner along with five
Metro-Davidson SORT members arrived. At approx. 0141 hrs. after all fires were under control, .all fire fighters exited the
facility and Beatvville Police Department entered the faciiitv. At 0224hrs, a second group of five Metro-Davidson SORT
arrived. At 0334hrs. all keys and radios were accounted for. At 0330hrs, all inmates were secured in West Dorm. At
0337hrs, an Institutional Book (ID) Count was conducted. At 0356hrs, the Institutional Book Count was cleared. At
0348hrs, all masonry tools were accounted for. Correctional Officer Brian Adkins was sent directly to the local hospital by
LAC medical due to lacerations to his hand from an earlier attempt to break out a window while trapped in Operations and
was treated and released. Inmate Stratton, Jeffrey #330019 was sent to the local hospital with a broken right thumb and
was later admitted. Inmate Bruce, Darrell #312834 was sent to the local hospital with a lacerated left index finger and was
the amiirut more responding staff who had

Proprietary Information — Not for Distribution – Copyrighted
Page 3 of 6

FORM 5- 1A
REVISED: 1 2/01/02

PRIVILEGED AND CONFIDENTIAL

t-t

e

:e.

e„. t."et

• _:

peedheat Grenades
include:
WI/ or• 57
munitions reported deployed by the first arid seoond response team inciu
Blast
Round,
3502
OC
IVIUZZle
Blast
Round,
1515
Triple
Chaser
CS
Grenade,
1'RB40 Stinger round
501 CS M1177IR
Listed
below
are
the
inmates who were
outdoors
a441—seveca—MK9-0G—F—efflar-s7—All chomical munitions woro ucod
alased—iia—seqregatiOn_ from Soptombor 1 ,1, 2001 through Soptombor 26. 2004 for involvoment /—investigatiea—efinvolvomont in tho dicturbanco. Tho staff listod aro thoco staff who woro directly4Rvelved4n-tlas-k4tiat4AGicient4-respense,
Ill. inmates involved: (Place in I" box: W for witness or P for participant )
(Place in Od box: S for written statement and R for refused to give written statement)
1st
P
P
P

P

P
P
P
P
P
P
P
P
p
P

P
P
P
P

P
P
P
P
P
P
P
P
p
p
p
P
P
p

#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#
#

Tavtor, Bobby
Hurst, Joel
Moore, Samuel
Talbert, Damon
Estepp. Eddie
Mears. Jason
Porter, Gordon
Boivin, Dan
Bailey, Kenneth
Luko, Jeremiah
Francis, Randy
Ingerson, James
Stratton, Jeffery
Gillean, Scott
Russin, Jason
Landry, Wesley
Lindsay. Isaac
Touzin, Steven
Marallo, Eric
O'Malley, Robert
Jennings. Jeremy
North, James
Church, Lynn
Bentley, Grant
Smith, Chancey
Thompson, Willie
Baker, Grant
Howard, Kevin
Howard, Jesse
White, Cameron
Morris, Chad
Chamberlain, Michael

164811
141737
140906
159334
142001
262928
319402
330167
259330
315469
322332
330071
330019
330074
280538
330161
330125
315474
296048
330092
262927
276849
259332
305942
315944
330209
287782
127225
330121
141975
330077
330195

Staff involved: (Place in box: W for witness or P for participant)

Stivers, Donna
Fr
ye, David
Ponds, Bryon
Moore, Archie
Atkins, Brian
Herald, Sammy
Terry, Greg
Davidson, Monica
Mullins, Nathan
King, Harold
Davidson, Jason
Cox, Michael

Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title

Assistant Warden
Assistant Warden
Chief of Security,
Investigator
Correctional Officer
Correctional Officer
Correctional Officer
Correctional Officer
Captain
Captain
Correctional Officer
Correctional Officer

Proprietary Information - Not for Distribution - Copyrighted
Page 4 of 6

W/P
P
P
P
P
P
P
P
P
P
P
P
P

FORM 5-1A

PRIVILEGED AND CONFIDENTIAL

REVISED: 12101102

Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title

Gabbard, Andy
Woodward. Richie
Pryse, Keith
Goldv, Kris
Estes. Joann
McIntosh. Carolyn
Fugate, Annetta
Pearson, Lisa
Lycliter, Scott
Snowden, Kenneth
Brisoe. Carl
Brandenburg , Gary
Hobbs, Richard
Deaton. Greg
Henson, Marvin
Bowling. Greq
Estes. Barbara
Turner, Steve
Withers. James
Fultz, Tenv
Donva
incident?

P
E
P
P
P

If yes? q

El *Its n x0

Title

Staff involved using force:

P

P
P

P
P
P
P
P
P
P

q Spontaneous

Planned

Managing Director, Division II

Chief of Security
Assistant Warden
Lieutenant
Correctional Officer
Correctional Officer
Sergeant
Lieutenant
Correctional Officer
Investiaator
Correctional Officer
Sergeant

Ponds, Bryon
Frye, David
Hobbs, Richard
Woodward. Richie
Pryse, Keith
Deaton, Greq
Fultz, Terry
Henson, Marvin
Moore, Archie
Bowling, Gregg
Withers, Harold

Tijpe of Force — Check all that apply

q Deadly

El Chemical Agents q Taser
Physical Handling
q Inflammatory Agents
Restraint Equipment q Straight Batons
Is] oc q OC/CS

Justification for use of force:

q
q

Canteen (Kitchen) Worker
Correctional Officer
Sergeant
Recreation Coordinator
Correctional Officer
Lieutenant
Sergeant
Correctional Officer
Correctional Officer
Records
Correctional Officer
Seraeant
Lieutenant
K-9 Unit

0 #110e ZO

If planned, person authorizing: Melod y Turner

q

P
P
P
P
P
P

RN

5 -1 C attached from all involved staff and inmates?
IV. Was force used in this

Correctional Officer
Correctional Officer
Correctional Officer
Maintenance Officer
Correctional Officer
RN

q Physical

ILI Electronic Stun Shield
Other S.I.M.'s - Stingers

Halt destruction of property
E1 Quell a disturbance
Esi

Self defense or defense of a third party
Enforce institution rules and regulations

q

Prevent escape

O 0 t h er

attempted? (Spontaneous, verbal command, IPC, show of force, etc.)
Numerous verbal commands by on duty and responding staff combined with show of force.

What steps less than force were

involved?
Description of weapon(s): Gan-cpau—cigarett

Were weapon(s) used by inmate(s)

q Yes q No If yes, 1:Commercial q Homemade
_•

-s •y inmatPR

were stolen from the Training Room contraband board.

• •e••_

nc

Note• SPVeral homPrnarle knives / hnrnAmAriA hatrhe

Proprietary Information-Not for Distribution — Copyrighted
Page 5 of 6

PRIVILEGED AND CONFIDENTIAL

FORM 5-1A
REVISED: 1 2/01/02

Current location of weapon(s): The Drocess of recovering all weapons continues - The homemade hatchet was

recovered on September 15. 9004 following a search of the grounds. Several of the homemade knives were located
in the Administration buildin g following a search.

0 *Ito n tn

V. Were all participants (staff and inmates) evaluated by medical staff?

q

If yes, are all completed medical evaluations attached? q Yes
No
If no, explain: Still awaitina completion of evaluations. Some inmates were trans ported to other facilities prior to

LI

medical evaluations being performed.

q

Yes LI No
Did injuries occur?
Hospital admission?
1:1 Yes
No
If injuries occurred, list name (employee, inmate, or civilian) and nature of injury: Brian. Adkins (Correctional Officer) -

lacerated hand. Briscoe. Carl (Correctional Officer) - lacerated hand. Stratton. Jeffrev.1,330019) - broken right thumb
was admitted to the hospital, Bruce, Darrell (312834) lacerated left index finqer

q

q

VI. Was the incident videotaped?
Yes
No
Camera operator: Correctional Officer Brian Atkins, Correctional
Officer Monica Davidson and Correctional Officer Jason Davidson
If no, explain why it was not videotaped:

q

q

Were photographs of injuries, contraband, or property damage taken?
Yes
No
If yes, number of photographs taken? 66 photographs (6 polaroid and 6Q digitan I videos were taken b y responding
staff and investigating staff

VII. Was there any evidence recovered during the incident?

q

q

Yes q

No

Was chain of custody maintained? q Yes
No
Description of evidence recovered: photographs of concrete ci garette butt containers. 2x4 wooden rails, broomsticks.
stolen box-cutters and other assorted makeshift weapons were used by inmates - Note: several homemade knives /
homemade hatchet were stolen from the Training Room contraband board.
Current location of evidence: Internal Affairs Office
Criminal charges? q
Yes
No Pending completion of the investigation.
Staff member who recovered the evidence (include title): Various

q

VIII.

Inmate disciplinary charges filed?

Segregation and/or
Pre-Hear ng Detention
q to.
1##11,• q ID

#

Inmate Disciplinary Charges Pending Investigation

Were property inventories completed on all inmates segregated? El Yes

q

t]

No

I X . Notifications that were made:
Warden
Assistant Warden of Operations
Assistant Warden of Programs
Chief of Security
Assistant Chief of Security
Divisional Health Manager
(Death Only)
Divisional Managing Director
(Priority I & II)
Contract Monitor
Notification(s) of outside agencies:
If Yes must list agency and time

IE #111, 4 q AO q N/A

Time: approx. 1940hrs
0 Yes q No q N/A Time: On-Site
El Yes q No q N/A Time: approx. 1930hrs
q Yes q No q N/A Time: ap p rox. 1930hrs
q Yes q No q N/A Time: N/A
q Yes q Noo rsj N/A Time: N/A
El Yes

q

q

Yes

IS:1 Yes

q

No

q

No

N/A

q

Time: approx. 1940hrs

N/A Time: ??

q No q N/A Time: approx. 1945hrs

By: Donna Stivers
By: N/A
By: Donna Stivers
By. Donna Stivers
By: 11/6_
By: N/A
By: David

q El

Duty Officer: Donna Stivers

Frve

By: C/O Vicky Bennett Name: Clarke Taylor (KY)
Kevin Oddv (VT)
By: Donna Stivers

approx. 1945hrs
mon Kentucky State Police local Police and Fire department contact was cnnstant throughout incident

911 -

PREPARED BY: Archie Moore
POSITION: Facility Investigator

DATE & TIME: September 29, 2004

1200hrs

SIGNATURE:

Proprietary Information – Not for Distribution – Copyrighted
Page 6 of 6

Recreation Yard, North Dorm, South Dorm, Administration Building, Inner Yard, Medical, Segregation, West
Dorm
Describe the Extraordinary Occurrence in Detail (Include such items as who, when, what, etc.)

On 9/14/04 at approx. 7:25pm C/O Brian Adkins made a call for assistance on the Lee Adjustment Center Loop (Recreation
Yard) and Capt. Harold King radioed for all available units to respond to the Loop. C/O Adkins was working the tower on the
Loop when four inmates began to tear the tower down with concrete cigarette butt containers. The inmates proceeded to pull
several 2x4 railings loose from the tower rails. At this time C/O Adkins began to video the incident. C/O's Sammy Harold and
Greg Terry were also assigned to the Loop, and began to give verbal directives to the inmates to halt the property damage.
Recreation Coordinator CaIr Briscoe was also present on the Loop monitoring a horshoe tournament. C/O Monica Davidson
was the first responder to arrive at the Loop. Once there C/O M. Davidson took the video camera from CIO Adkins and
continued to video the incident. The inmates who were attempting to tear down the tower moved to •the side of the
maintenance building and began to use the 2x 4's in an attempt to gain entry into the masonry room. Capt. King requested
that Capt. Nathan Mullins respond with MK9 O.C. foggers obtained from Segregation and Central Control. CIO Donald
Gabbard and CIO Micheal Cox responded to the Loop. Capt. King and C/O Terry attempted to get the inmates who were
vandalizing the maintenance building to stop at which time the inmates began swinging the 2x 4's at them causing the staff to
back away. The inmates then told C/O M. Davidson to stop filming and began to chase her off the Loop swinging the 2x4's at
her and demanding the video camera. The responders then began using verbal directives to get the other inmates to exit the
Loop. Capt. King told the inmates that if they let C/O Atkins out of the tower, the staff would leave the Loop. The inmates
complied and allowed C/O Atkins to come down from the tower and leave the Loop. After exiting the Loop, the staff locked
the seven remaining inmates who were vandalizing the maintenance building, on the Loop, and began to try to get the other
inmates to return to their housing units. C/O Lee Bennett secured the Loop gate. Capt. Mullins arrived with the MK9 OC
foggers and the videocamera from Segregation which he gave to C/O Jason Davidson to begin filming.
At 7:31pm, NW Donna Stivers moved from the Administration building to Central Control, initiated the IMT process and
began to page the SORT Team. IM Stivers radioed an order for all inmates to be placed on lockdown and for all units to radio
a status report. Capt King and the responding staff began giving directives for the inmates on the yard to return to their units,
with no compliance. Capt. King then attempted to instruct the inmates to go into the West Dorm smoking area to no avail.
The video camera operated by C/O M. Davidson began to stop working due to the battery dying. Capt. King then reported
that the seven inmates who had been locked on the Loop had used the 2x4's to pry the Loop gate open, had exited the Loop
and, were beginning to break windows in the South Dorm. Capt. King reported approx. thirty to forty inmates were trying to
climb the North Dorm management fence. Capt King then notified IM Stivers that the seven inmates had gotten off of the
Loop and that approximately 200 to 300 inmates were on the yard refusing directives and causing property damage. IM
Stivers then called 911 and notified the dispatch that she needed assistance due to a disturbance. Recreation Coordinator
Briscoe went to the Recreation Room and then proceeded to the Recreation Office. C/O M. Davidson, C/O Jason Davidson,
C/O Michael Cox, C/O Andy Gabbard and C/O Brian Atkins went to the breakroom in operations (Administrative building).
The inmates on the yard began throwing rocks at them and breaking windows in the Administrative building.
At approx. 7:40pm, a staff recall was initiated.
At 7:46pm N/O Wings were reported locked down and staff began reporting that fires were being set within the institution.
C/O M. Davidson advised that a fire had been set in the Administrative building after inmates attempted unsuccessfully to
break in and get the staff inside.
At approx. 7:45pm Chief Bryon Ponds arrived on grounds. Capt. Mullins and Capt. King began to move all yard staff up the
hill towards Central Control. Inmates from the West Dorm smoking area began to throw rocks at the staff moving up the hill.
At approx. 7:48pm, Capt. King and Chief Ponds entered the armory and began issuing chemical I inflammatory agents to
responding staff which included NW David Frye, C/O Richie Woodard, C/O Keith Pryse and Lt. Terry Fultz (with K-9 unit
Donya) and Sgt. Greg Deaton who was on duty at the time.
At approx. 7:50pm, IM Donna Stivers advised Managing Director Melody Turner that she would be sending a response team
into the facility to rescue staff and that at this time, she was not sure where all staff were located. Radio reports and staff
visuals indicated the following staff locations: Maintenance Officer Kris Goldey was located in Maintenance with three
inmates, C/O Joann Estes, RN Carolyn McIntosh and RN Arnetta Fugate were locked inside the medical file room, Canteen
Lisa Pearson was locked inside the kitchen, C/O Scott Lycliter and Sgt. Kenneth Snowden were locked in the North Dorm
upper staff bathroom, C/O M. Davidson, C/O Jason Davidson, C/O Michael Cox, C/O Andy Gabbard and CIO Brian Atkins
were trapped in Operations (Administrative building) and Recreation Coordinator Carl Briscoe was locked in the Recreation
Office in the Administration Building. While on the phone with Melody Turner, IM Stivers received reports from perimeter that

. inmates were trying to make their way to the perimeter fence. IM Stivers then advised C/O Gary Brandenburg to go to the
Armory to get shotguns and to issue them to firearms qualified responding staff to secure the perimeter. A total of nine
shotguns were issued to the perimeter staff.
At approx. 7:55pm. IM Stivers sent the response team on grounds to rescue the remaining staff who were in distress. Melody
Turner advised chemical / inflammatory agents only for the response team. The following agents were authorized to the
following staff: David Frye (MK9 Fogger), Bryon Ponds (MK9 / 515 Triple Chaser CS Grenade), Richard Hobbs (MK9), Richie
Woodward (37mm / MK9), Keith Pryse (37mm / MK9), Greg Deaton (37mm Multi-Launcher), Terry Fultz (MK9) - Chemical /
Inflammatory Rounds issued for the 37mm's included: 565 Scat CS, 501 CS Muzzle Blast, 502 OC Muzzle Blast, 570 CS
Short Range Speedheat Grenades, 560 CS Long Range Speedheat Grenades and RB40 Rubber Stinger Rounds - All MK9's
were OC Foggers. Upon entering the yard and moving down the hill, inmates began throwing rocks, batteries, cans of food,
wood and other items at the responding staff from the North Dorm smoking area. The response team observed that the North
Dorm smoking area fence gate was being breached by the inmates. The response team's 37mm's were fired into North Dorm
smoking area to stop the throwing of objects and to prevent inmates from advancing on the response team. 37mm rounds
reported fired at this time include: I- CS Muzzle Blast (Sgt. Deaton), OC Muzzle Blast (Sgt. Deaton), OC Muzzle Blast
(C/O Woodward) and 1- OC Muzzle Blast (C/O Pryse). Chief Ponds deployed I- 515 Triple Chaser CS grenade between
South Dorm and West Dorm smoking area due to a large number of inmates advancing towards the response team and
failing to follow verbal directives. A unidentified inmate picked up a portion of the grenade and threw it back at the response
team contaminating them with CS. At this time, the response team was forced to return to Central Control because they were
contaminated with the chemical agent from the grenade. The response team did not successfully rescue staff on the first
attempt due•° the chemical / inflammatory agents being largely inneffective. IM Stivers advised Melody Turner that chemical
I inflammatory agents had failed and Melody Turner approved the use of shotguns on the yard.
At 8:15pm, IM Stivers authorized shotguns loaded with beanbag rounds only and birdshot in the responding staffs pockets
that would only be used if necessary. Weapons and chemicals for the second response attempt are as follows: David Frye
(Shotgun / MK9), Bryon Ponds (Shotgun / MK9), Richard Hobbs (MK9), Ritchie Woodward (37mm / MK9), Keith Pryse
(37mm / MK9), Greg Deaton (37mm Multi-Launcher / MK9), Terry Fultz (MK9 and K-9 Unit Donya), Marvin Henson
(Shotgun) Archie Moore (Flex-Cuffs). Upon entering the yard, inmates began to throw rocks, batteries-cans of food, wood
and other items at the response team from the North Dorm and West Dorm smoking areas. The response team's 37mm's
were fired into the North Dorm smoking area in order to stop the throwing of objects and to prevent inmates from advancing
on the response team. 37mm rounds reported fired at this time include: 1- CS Speedheat (Sgt. Deaton), 1- CS Speedheat
(C/O Woodward), 1- RB40 Rubber Stinger Round (C/O Woodward) and 1- CS Speedheat (C/O Pryse). At this time, Chief
Ponds directed all inmates in the West Dorm smoking area to get on the ground. The inmates initially complied. Two inmates
attempted to get up off the ground and Chief Ponds deployed a short burst of OC from his MK9 Fogger causing the inmates
to comply with directives.
At approx. 8:20pm, responders from the second team located Recreation Coordinator Carl Briscoe who then began assisting
the team. While the inmates were on the ground, more responding staff who had just arrived at the facility began to use flexcuffs to restrain the inmates in the front. During this time, Records Clerk Barbara Estes was briefly grabbed from behind by
an unknown inmate and then released.
At approx. 8:40pm, due to the smoke from a garbage can fire in KLM Wing (West Dorm), IM Stivers authorized evacuation of
KLM into the hallway of West Dorm. During the evacuation, an inmate attempted to strike Sgt. James Withers with a closed
fist. Sgt. Withers struck the inmate with his hands in order to defend himself. Also at approx. 8:40pm, the team radioed that
C/O M. Davidson, C/O Jason Davidson, C/O Michael Cox, C/O Andy Gabbard and C/O Brian Atkins had been rescued from
Operations (Administration building). C/O M. Davidson and C/O J. Davidson had taken the tapes out the video cameras and
put them in their pockets, leaving the cameras on the tables in Operations due to the inmates earlier statements about
wanting the cameras.
At approx. 8:47pm, the response team reached the sidewalk by the kitchen and ordered the inmates present to lay on the
ground. Sgt. Deaton sprayed a 1 second MK9 OC Fogger burst at the ground due to non-compliant inmates attempting to
rise to their feet after initially laying on the ground.
At approx. 8:48pm, AW Frye radioed that he had rescued Lisa Pearson from the kitchen and that the team must go to North
Dorm to get staff in the Upper North bathroom due to distress calls over the radio.
.Also at approx. 8:48pm, perimeter advised that there were inmates close to the perimeter fence. IM Stivers advised that if
inmates attempt to climb the fence, to use what force is necessary to prevent escape (Vice President Operations Jimmy
Turner verbally gave IM Stivers that directive by phone).
At 8:58pm, IM Stivers advised the response team to go to the North Dorm staff bathroom to retrieve the two staff members
trapped in the Upper North staff bathroom. Once the team entered the North Dorm, A/W Frye and one team entered one side
of the dorm and Chief Ponds and a second team entered the other side of the dorm. Inmates were given directives to get on

the floor and submit to cuffs while staff began to place flex-cuffs on them. Once the lower floor was under control, the two
teams moved to the upper floor and initiated the same process. After securing the top floor, C/O Scott Lycliter and Sgt.
Kenneth Snowden were rescued from the North Dorm Upper staff bathroom.

At approx. 9:02pm, Chief Ponds, A/W Frye and Lt. Fultz entered the West Dorm and placed handcuffs on an inmate that was
discharging two fire extinguishers in N dayroom. At approx. 9:04pm, a mild explosion was reported in the area of the
Chaplain's office.
At 9:08pm, KSP arrived and began to provide perimeter support. Response teams called in to Central Control and advised
that all North Dorm inmates were being restrained and that the dorms were being brought under control. At this time, staff
advised that they needed to evacuate North Dorm due to the fire in the Administration building. IM Stivers approved for the
North Dorm inmates to be evacuated into the grassy area beside medical after they had been restrained. Inmates from the
North Dorm were evacuated, escorted to the grassy area and instructed to sit down in the grass.
At approx. 9:15pm, C/0 Vicky Bennett went to the niain gas shut off valve and cut off gas to the facility to prevent an
explosion. At approx. 9:19pm, Archie Moore advised that he had retrieved C/O Joann Estes, RN Carolyn McIntosh and RN
Ametta Fugate from medical.
At approx. 9:22pm, while assisting in escorting inmates from the North Dorm to the grassy area beside medical, C/O Richie
Woodward discharged a 1 second MK9 OC Fogger burst towards an unidentified non-compliant inmate and accidentally
contaminated C/O Pryse and C/O Steve Turner.
Also at approx. 9:22pm, C/O Gregg Bowling discharged a 1 second MK9 OC Fogger burst into the air above the grassy area
to gain compliance from North Dorm inmates who were standing up and refusing to sit down.
At approx. 9:23pm a perimeter fence check was completed and the perimeter fence was reported to
breaches.

be intact with no

At 9:24pm, inmates were reported to be breaking windows out of West Dorm cells.
At approx. 9:30pm, Maintenance Officer Kris Goldey was retrieved by members of the response team.
At approx. 9:34pm, several small explosions were reported from the canteen. Following the sucessful evacuation of North
Dorm, several of the responding staff began to conduct the same handcuffing process in the South Dorm that had been used
to restrain the North Dorm. It was observed by the response team that a portion of the South Dorm smoking area fence had
been pulled away from the ground.
At 9:49pm, staff advised that all dorms were under control, all inmates were restrained and preparation for an institutional
count was initiated.
At 9:50pm, all staff were accounted for.
At 9:53pm, an institutional count was conducted.
At 10:14pm, the Fire Department arrived with thirty members to attempt to contain the various fires.
At 10:41 pm, the canteen fire was reported to be under control.
At approx. 10:25pm, twenty-one Eastern Kentucky Correctional CERT team members arrived at the facility.
At approx. 11:20pm, six Marion Adjustment Center SORT members arrived at the facility and at approx. 11:25pm eleven
Otter Creek Correctional SORT members arrived at the facility.
At approx. 11:27pm, all CERT and SORT members entered the yard and began assisting with escorting the inmates from the
grassy area to West Dorm.
At approx. 12:00am, four more Marion Adjustment SORT members arrived to assist.
At approx. 12:30am, Managing Director Melody Turner along with five Metro-Davidson

SORT members arrived.

At approx. 1:41am, after all fires were under control, all fire fighters exited the facility and Beatyville Police Department
entered the facility.

At 2:24am,a second group of five M etro-Davidson SORT arrived.
At 3:34am,all keys and radios were accounted for.
At 3:30am,all inmates were secured in West Dorm.
At 3:37am,an Institutional Book (ID) Count was conducted.
At 3:56am,the Institutional Book Count was cleared.
At 3:48am, all masonry tools were accounted for, Correctional Officer Brian Adkins was sent directly to the local hospital by
LAC medical due to lacerations to his hand from an earlier attempt to break out a window while trapped in Operations and
was treated and released. Inm ate Stratton, Jeffrey #330019 was sent to the local hospital with a broken right thumb and was
later adm itted. inm ate Bruce, Darrell #312834w as .sentto the local hospital w ith a lacerated left index finger and w as not
admitted. Carl Brisoe received a cut to his right hand that did not require outside medical assistance. Total chemical
munitions reported deployed by the first and second response team include: 3-560 or 570 CS Speedheat Grenades, 1-501
CS Muzzle Blast Round, 3-502 OC Muzzle Blast Round, I . 515 Triple Chaser CS Grenade,
RB 40 Stinger round and
several MK9OC Foggers. All chemical munitions were used outdoors. End of Statement.