A federal grand jury has handed up a two-count indictment against a Utah County deputy sheriff who is accused of beating two prisoners in the Utah County Jail during 1990.
This is the first time a civil rights indictment has ever been handed up against a law enforcement officer in Utah, said U.S. Attorney David Jordan.Harold L. Curtis, 31, has been charged with violating the civil rights of Jason Tolman and Jay Fixel. Curtis is accused of beating Tolman on Jan. 28, 1990, and Fixel on June 18, 1990.
The indictment was filed in U.S. District Court Wednesday afternoon.
The FBI and the Utah County sheriff investigated the two beatings for more than two years, said Utah County Sheriff David Bate-man.
"I just felt like if we had a problem that it was good for an independent party to take a look at the situation," Bateman said. "If we've got people violating someone's civil rights then I want to know about it so it does not recur."
Bateman said he provided federal investigators with hundreds of documents and encouraged employees to participate in the investigation. Some employees were even paid overtime to appear before the grand jury and to attend interviews with federal agents.
Curtis, who has worked as a county corrections officer since ovember 1985, will not be terminated unless he is found guilty of the charges, Bateman said. However, he will meet with officials from the Utah County attorney's office to decide if Curtis should be reassigned to a position where he will have no contact with inmates.
"I feel strongly that he is presumed innocent until he is proven otherwise," Bateman said.
Normally when sheriff's officials receive a complaint from an inmate, Bateman authorizes an in-house investigation. In this case, however, Bateman will likely wait until the federal case against Curtis is complete. Bateman does not want to interfere with the federal investigation and does not want to intimidate or tamper with any potential witnesses.
"I'm not sure exactly how I'm going to handle this," Bateman said.
Utah County defends county employees against civil action when they are acting in an official capacity, but the county does not defend employees against criminal charges. Curtis will be responsible for retaining his own attorney.
The indictments reflect the government's commitment to protecting the rights of all U.S. citizens regardless of their status, Jordan said.
The civil rights division of the U.S. Justice Department also assisted in the investigation.
Curtis faces a maximum penalty of 10 years in prison and a $250,000 fine for each count.
Fixel is currently an inmate at the Utah State Prison serving time for drug possession.