Projo 7 to 7 News Blog

PROVIDENCE -- Two former corrections officers were found guilty today on all counts of assaulting four inmates at the Adult Correctional Institutions.

Former Capt. Gualter Botas, 39, of Pawtucket is guilty of seven counts and former Lt. Kenneth Viveiros, 56, of North Providence, is guilty of four counts. They faced the counts of simple assault for abusing and humiliating the four inmates in the prison's minimum-security unit in 2005 and 2006.

The jury had the case in Superior Court for nearly three hours yesterday and resumed deliberations this morning at 9:30.

Yesterday, the prosecutor and defense lawyers delivered closing arguments after 24 witnesses testified over three weeks. Defense lawyers Olin W. Thompson III and John Lynch Jr. described the inmates as out to get the two corrections officers, while Molly K. Cote, special assistant attorney general, said the guards were the ones telling tall tales on the witness stand.

The inmates, who are released from prison, are Matthew Gumkowski, Robert Houghton, Anthony Romano and Jose Gonzalez. All took the witness stand and testified that Botas summoned them to his office and administered beatings over contraband. The way the beatings were done varied, but Houghton, Romano and Gonzalez alleged Botas repeatedly struck each of them with a phonebook.

Romano claimed Viveiros broke a clipboard over the back of his head.

Botas was convicted on seven counts of simple assault on the four inmates, while Viveiros was convicted of four counts of assault on Houghton, Romano and Gonzalez.

Following the verdict, state corrections Director A.T. Wall issued a statement that began by quoting President Theodore Roosevelt: "No man is above the law and no man is beneath it."

"These two former correctional officers have now been held accountable in a court of law for their abuse of inmates entrusted to their custody," Wall said. "They do not represent the staff of this department. In fact, through their actions, they have dishonored the 1,500 men and women who perform their jobs with pride, professionalism and integrity every day. These men and women do a very difficult job, and they do it without breaking the law."

Richard Ferruccio, president of the Rhode Island Brotherhood of Correctional Officers, said, "Obviously, we are shocked and disappointed the jury didn't see it the way we saw it. Inmates have a right to due process, but when due process is used as a weapon against the staff, that's a problem."

Attorney General Patrick C. Lynch issued a statement, saying, "Let me make myself abundantly clear: Correctional officers work and walk the toughest beat in the state every day, seeing things and having to do things that most of us can only imagine, and don't want to imagine at that."

But Botas and Viveiros "grossly abused their positions of authority and, in the process, tarnished their badges," Lynch said. "Such abuses of authority are an affront not only to the victims in these cases but also to the vast majority of correctional officers, who do a very difficult job very well."

-- projo.com staff writer Michael P. McKinney and Journal staff writer Edward Fitzpatrick and Journal staff reports

 Tags  Adult Correctional Institutions

Comments

Elena said:

It is about time--how do we expect rehabilitation when the watchers(guards) are acting like animals. There should be more investigating into prisons--one can't imagine the cruelty these so called officers can inflict on people trying to pay their debt to society. These officers should be evaluated every year.

Link | August 1, 2008 12:16 PM
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m said:

Don't be surprised if some judge overturns this. This is RI after all, and anyone in this state who wears a uniform seems to be above the law. So when a jury finally calls them on it, some judge just calls the jury stupid and overturns it anyway.

Link | August 1, 2008 12:30 PM
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mark said:

They both look very upset in the picture, maybe they're feeling guilty about all the lying they did on the stand, hopefully they will learn that we need to treat each other like human beings.

Link | August 1, 2008 4:51 PM
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troy said:

It is unfortunate that such an outstanding Correctional Officer Captain Botas was found guilty. I truly believe this gentleman...(and I mean gentlemen) is innocent. It comes as quite a surprise that our judicial system would allow such nonsense to take place in a court room. what is this world coming to the guilty are let free and the innocent are convicted. Has anyone really opened their eyes to the evidence or lack of...there was none? How can a person (Capt Botas) be charged with a crime a day after receiving an outstanding award from the Department of Corrections for his performance as a superior. This whole incident does not make sense; I can not believe they could find a man guilty of performing his duties with pride and dignity. A person should only be convicted when there is solid evidence supporting the allegations. How can our system allow a conviction to take place based on hear say and lies, this is not justice. I look forward to the Judge's decision and have faith that he will over-turn this decision based on the lack of evidence.

Link | August 1, 2008 7:45 PM
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Rob said:

as a former correctional officer myself, i don't condone this type of behavior. These officers did not act with integrity, but did it ever occur to anyone that maybe they were provoked? They are not working in a nursery school. Do your time in seg guys and keep your chin up.

Link | August 1, 2008 7:50 PM
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rb said:

Just the tip of an iceburg. The iceburg being the unseen prison subculture within our society where personal human dignity is checked at the door and humilitation of inmates is the norm. We are warehousing societial misfits and giving them very little opportunity for a successful and productive return to society. This is very big business and the powers that be are not interested in reformation of immates, it's a simple equation Recidivism = Job Security. The guards should be held accountable for their actions and the consequences to these 2 CO's should be swift & severe to set an example for the many others.

Link | August 3, 2008 1:12 PM
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