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Guards fired warning shots in deadly riot at Florence prison, officials say

Published April 22, 2008 at 12:05 a.m.
Updated April 22, 2008 at 11:11 a.m.

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Rep. Buffie McFadyen talks to reporters outside the State House on Monday about the prison fight on Sunday in Florence that resulted in two deaths.

Photo by Preston Gannaway © The Rocky

Rep. Buffie McFadyen talks to reporters outside the State House on Monday about the prison fight on Sunday in Florence that resulted in two deaths.

Guard towers loom over the United States Penitentiary in Florence, where a fight broke out on Sunday involving about 100 inmates. Two of the inmates were shot and killed by guards after refusing repeated orders. The fight erupted when white supremacist gangs began taunting African-American inmates. The fight occurred on April 20, which marks Adolf Hitler's birthday.

Photo by Darin McGregor © The Rocky

Guard towers loom over the United States Penitentiary in Florence, where a fight broke out on Sunday involving about 100 inmates. Two of the inmates were shot and killed by guards after refusing repeated orders. The fight erupted when white supremacist gangs began taunting African-American inmates. The fight occurred on April 20, which marks Adolf Hitler's birthday.

Rep. Buffie McFadyen talks to reporters Monday about the prison fight in Florence that resulted in two deaths on Sunday. McFadyen said she didn't believe that the racially motivated brawl, which involved up to 200 inmates, was related to lack of staffing.

Photo by Preston Gannaway / The Rocky

Rep. Buffie McFadyen talks to reporters Monday about the prison fight in Florence that resulted in two deaths on Sunday. McFadyen said she didn't believe that the racially motivated brawl, which involved up to 200 inmates, was related to lack of staffing.

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Two inmates remained hospitalized this morning, two days after a riot involving as many as 200 prisoners at the U.S. Penitentiary in Florence that saw two other inmates die after being shot by guards.

Three other wounded inmates have been released from the hospital and are back in prison custody, said Leann LaRiva, a spokeswoman for the facility. The prison remains on lockdown and an internal investigation is under way to sort out what happened, LaRiva said.

The prison would not release details about the prisoners' injuries, LaRiva said.

The two inmates killed at a Florence prison Sunday were shot by guards after verbal orders and warning shots failed to quell a racially motivated brawl, officials said Monday.

Prison guards emptied their weapons from three watchtowers in efforts to stop the fight, said state Rep. Buffie McFadyen, D-Pueblo West, who has talked to people who work at the facility.

She said guards fired from 300 to 400 rounds, including warning shots, and that the use of lethal force is unusual.

"That tells me that inmates were ordered repeatedly to obey commands and did not," McFadyen said.

The fight on the recreational yard of the U.S. Penitentiary apparently started when white supremacists began using racial slurs toward black inmates.

U.S. Attorney for Colorado Troy Eid said authorities believe the white supremacists were marking Adolf Hitler's birthday.

The inmates were armed with various weapons, including pieces of metal, wood, plastic and rocks, prison officials said.

The two prisoners killed in the fight were identified as Brian Scott Kubik, serving a 15-year sentence for illegal possession of a firearm by a felon/armed career criminal, and Phillip Lee Hooker, serving a 25-year sentence for armed robbery.

Hooker was 41 and black. His last known address was in Milwaukee, Wis., where he had been convicted twice of second-degree armed robbery.

Kubik was 40 and white. He picked up his latest felon-in-possession charge in Oregon, his last known state of residence. Prior to that, Kubik had served four terms for theft and burglary, all in Lane County, Ore.

Both men were killed by gunshot wounds, officials said.

"Correctional officers activated the verbal warning system and discharged multiple tactical distraction rounds," said a news release from prison officials.

"In response to continued escalating violence, the tower officers discharged lethal munitions."

They also said a quick response by staff prevented further loss of life, and that no staff members were injured.

In addition to bringing in staff from other nearby prisons, off-duty guards were called in to help after the fight broke out around 12:30 p.m. Sunday.

Prison officials did not identify the guards who fired the fatal shots, and a Bureau of Prisons spokeswoman said she couldn't comment on whether the guards are still on duty.

Union representatives for the prison guards have expressed concern in the past that there are not enough staff at the Federal Correctional Complex, which includes the high-security U.S. Penitentiary, the maximum-security prison known as "Supermax," a medium-security facility and a prison camp.

On Monday, U.S. Sen. Ken Salazar, a Democrat, said recent violence at the prison is due largely to "staffing shortages and security shortfalls."

In a letter to U.S. Attorney General Michael Mukasey, Salazar called for an independent report by the Government Accountability Office to assess security at the Florence prisons.

He also said the Department of Justice and Bureau of Prisons should take immediate action to address problems there.

"The incident this weekend demonstrates a continued pattern of violence that has been escalating over several years on the Florence campus, not only at the (U.S. Penitentiary), but at the Supermax as well," Salazar wrote.

He said prison staff members are being transferred between facilities to meet needs at any given time, potentially leaving some sites understaffed.

But McFadyen said she doesn't believe Sunday's fight was related to staffing problems.

She said the bigger issue is the type of prisoners being held at the U.S. Penitentiary — men with serious criminal histories, some who are serving life sentences and have nothing to lose if they kill another inmate or guard.

Federal prisons also house inmates from all over the nation, so in addition to gang affiliations, inmates also may bond based on what part of the country they're from — giving them more reasons for conflict.

"This is not a problem that's necessarily a Colorado problem," McFadyen said. "This could happen at any U.S. Penitentiary across the U.S."

A spokesman for U.S. Sen. Wayne Allard said the Republican senator was waiting to hear more from the Bureau of Prisons before commenting.

Incidents at a glance

Before Sunday there have been at least nine homicides at the prison since 1994. Other incidents include:

* August 1995: 25 to 50 inmates riot in the prison yard. Four inmates and three prison staffers receive minor injuries.

* January 1997: Two inmates are killed - one stabbed, one strangled - in their cells within a week of each other, prompting an inspection by the federal Bureau of Prisons. One of the inmates was dead in his cell for at least two days before being discovered.

* October 1999: Two cousins are charged with first-degree murder in the killing of a fellow inmate. The inmate was strangled, his throat slit, his abdomen was cut open and his organs were removed and strung about the cell.

* November 2000: Three guards plead guilty to beating inmates.

* June 2003: Three guards are convicted of beating inmates. Four others are acquitted.

* December 2005: A female executive assistant to the warden is convicted of having sex with prisoners. A second female manager also pleaded guilty to having sex with inmates.

* January 2007: Staffing shortages are cited after seven correctional officers were injured in a disturbance. Union officials said guards had to be pulled from nearby prisons to help.

Comments

  • April 22, 2008

    8:30 a.m.

    Suggest removal

    airbornebigfoot writes:

    I like the idea of giving these nazis some pot on the 19th of april every year.
    then on 4/20, instead of a violent celebration of uncle adolphs birthday, they all just vegetate in their cells.

  • April 22, 2008

    8:55 a.m.

    Suggest removal

    hdfresh writes:

    I guess there will be room for 2 more inmates now.

  • April 22, 2008

    9:47 a.m.

    Suggest removal

    rjbaloha writes:

    Evidently the guards are not being given marksmanship training. Firing all those rounds with only two deaths is a waste of taxpayers money.

  • April 22, 2008

    11 a.m.

    Suggest removal

    MickeyK writes:

    There are now two inmates who are rehabilitated with zero chance of recidivism.

  • April 22, 2008

    11:12 a.m.

    Suggest removal

    esarem writes:

    If we would execute the majority of these vermin which need to be executed we would have a lot less trouble from the ones who do not need killing. Now, the activities detailed in this story should result in a new series of executions. This is so obvious I cannot figure out why we cannot get it done. Oh yeah, it is the moronic anti-death penalty crowd. What a bunch of idiots.

  • April 22, 2008

    11:50 a.m.

    Suggest removal

    jkl writes:

    Senator Salazar immediately comes out and proclaims this incident was caused by staff shortages and security shortfalls. Senator Allard is waiting to get the facts surrounding the incident before commenting. Which Senator has taken the responsible action? And which Senator will get the most attention for his actions?

  • April 22, 2008

    1:42 p.m.

    Suggest removal

    Seabreezes writes:

    Are guards taught to shoot to kill, or just shoot to injure? I'm not being dumb, but maybe it's because of their training that only 2 inmates died. For instance, if it's s.t.i. and all they had were kill shots, then they couldn't take the shots.

  • April 22, 2008

    2:29 p.m.

    Suggest removal

    Kslayer writes:

    Guards are instructed to shoot center mass regardless of the situation when lethal force is the only option. I have a friend that works at the Federal Prison in Englewood.

  • April 22, 2008

    2:49 p.m.

    Suggest removal

    DenverTea writes:

    eseram, If we had an ethics of care in our country and society, we wouldnt be raising people into "vermin" - all people could have a good start and there would be less "vermin" to cause upstanding citizens like yourself trouble. More prisons and the death penalty is not an answer - T

  • April 22, 2008

    2:51 p.m.

    Suggest removal

    DenverTea writes:

    AirborneBigfoot - that is a novel, funny idea that just might be a good answer lmao - T

  • May 1, 2008

    9 p.m.

    Suggest removal

    kenmier writes:

    We should all observe this warning as scientist observe the behavior of Rats in a cage.

    ken@alabamaklan.com