Tim McGlone
The Virginian-Pilot
©
PORTSMOUTH
The city attorney told council members Thursday they should consider suing Sheriff Bill Watson to force him "to perform his duties" after a feud over who should book jail inmates.
City Attorney Tim Oksman described the situation in an e-mail as one of several crises involving Watson.
"It would be totally unprecedented for the City to take one of its own constitutional officers to court because that officer isn't doing his job," Oksman wrote. "It's not a step to be taken lightly."
A group of judges also is complaining about courtroom security, and the U.S. Marshals Service has pulled all of its federal prisoners from the Portsmouth City Jail because of security concerns after an escape.
The move by the marshals may be temporary, but it will cost the jail $60,000 a month, Watson said.
"We need to tighten things up there. We can't have these types of actions happen," said U.S. Marshal John Hackman, who is in charge of the service's operations for the Eastern District of Virginia. "We didn't feel that the standards were there."
Watson blamed the city for forcing him to cut staff and failing to repair vehicles. The inmate escaped by jumping out the rear of a van.
"We've got inferior equipment. The city doesn't want to give us the vehicles. They don't want to make repairs. Our vans have over 150,000 miles on them," Watson said.
In the flap over booking, Oksman told council members that Watson's staff is not processing current jail inmates when they receive new charges. That is still the sheriff's responsibility, Oksman said, despite the fact that the Police Department recently took over booking duties for new arrestees.
Requiring police officers to book jail inmates on new charges would be a cumbersome, lengthy process, whereas sheriff's deputies could do it with less trouble, Oksman wrote.
Watson gave up booking duties because of budget and staff cuts. He said the Police Department took over all booking responsibilities, not just those for new arrestees.
Oksman said inmates who have new warrants out on them could soon go free after they serve their current sentence if they are not booked on their new charges. He said one unnamed inmate has a felony probation violation pending from Virginia Beach and could be released today if the sheriff doesn't serve him.
"It's hard to imagine a worse breakdown in the criminal justice system or a worse risk to public safety," Oksman wrote.
Watson said the fault would rest with the Police Department for not booking the inmate. He said he has lost 36 employees in the past 18 months and no longer has the manpower to do the job.
"Hey, take me to court all you want to," he said. "I can't give you something I don't have."
Watson said the city could resolve its booking problem by reinstating about $1 million to his budget from state and local cuts.
"They can build traffic circles, but they can't put money into security," Watson said.
Meanwhile, three judges have written to Watson to tell him that security at the city's Juvenile and Domestic Relations District Court is "completely unacceptable." They said it was only a matter of time before someone gets hurt.
The judges requested in a letter dated July 9 that Watson assign a fourth deputy to help watch their three courtrooms, as was done in the past.
Currently, with three deputies assigned to them, a courtroom is often left unattended when one of the deputies takes a prisoner into or out of the courtroom, takes fingerprints or leaves to check on the lockup room, they said.
"Your assigned deputies do an excellent job in our courtrooms," the judges wrote. "However, through no fault of theirs, the courtrooms are often unattended. This is completely unacceptable. It is only a matter of time before a member of the public, a clerk, or a judge is injured."
Watson again pointed to budget cuts as the reason why he couldn't do more. He said the extra deputy, known as a runner, is not required by the state.
Judge Alotha Willis said the issue was "something we've talked about before" and expressed confidence it would be resolved.
"The sheriff has always been really good in working with us," she said.
The marshals pulled between 20 and 25 prisoners from the Portsmouth City Jail last week and transferred them to other facilities in the region. All local jails have contracts with the federal government to house federal prisoners while they await trial in U.S. District Court. There are more than 200 federal prisoners spread through local jails in the region.
Portsmouth was earning $46.91 per federal prisoner per night, Hackman said.
The number of federal prisoners fluctuates almost daily. Watson said he was averaging about $60,000 a month, which means he would need more than 40 federal prisoners a day to reach that goal.
The move came after the June 17 escape of federal prisoner Arlington Efrain Ashley.
The Portsmouth Sheriff's Department that night reported that Ashley, while handcuffed with leg restraints, jumped out the back of a van while deputies were transporting him back to jail from federal court.
(At the time, the department reported Ashley's name as Ashley Arlington Esrain.)
Deputies said rivets inside the van's cage had broken and Ashley was able to unlock the van's back door. He was captured about two hours later.
Councilman Steve Heretick said he had never heard Watson complain before about vehicle maintenance. "He's complained about every other thing under the sun, so it seems like that might have made the list if it was important to him," Heretick said.
Watson said he had complained plenty about his vehicles. "I complained all the time," he said.
Hackman said no federal prisoners will be sent to Portsmouth until the sheriff's department can demonstrate that the necessary protocols and procedures are in place to prevent future escapes. He added that the marshals have no issue with the Portsmouth jail itself.
"We can't have this stuff going on," Hackman said.
Pilot writer Janie Bryant contributed to this report.
Dave Forster, (757) 446-2627, dave.forster@pilotonline.com
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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All of this is a crock!
The State of Va requires that a city or county must have a Sheriff's Office, they do not have to have a police dept. That's a city's choice. The city funds the PD and may pay little if any to compensate the SO. The state doesn't pay enough to the deputies in the first place. I know, I've been there, done that. Plus the deputies put up with more crap from inmates and they are supposed to act professional even if we were assaulted. Deputies are constantly being threatened with their life by these misfits of society. Also, the state and the DCJS does not require the Sheriff to supply deputies to the lower courts like Juvenile and Domestic Relations only that they are required to have Circuit Court Deputies for security. Most Sheriffs provide deputies as a courtesy and to pacify the judges who can't always make a good call. I think Bill Watson is doing his best to keep his office doing the right thing. But without the man power that the city keeps cutting it's harder to do it all with less. My hat's off to all Sheriffs, Deputies and Police Officers. Be safe out there. Everyone should support all LEOs.
This isn't ABOUT the PSO
This isn't ABOUT the PSO deputies its about the SHERIFF......try to follow along....you say other Sheriffs provide the "Lower Courts" with Deputy/Bailiffs as a "favor" to "Pacify" the judges?
B WOW is the only Sheriff in the Commonwealth who's trying to make the argument that he shouldn't have to or the law doesn't require him too.....
I have a GRAND idea....instead of B WOW and friends spending taxpayer time trying to replicate the duties of the Attorney General.......how about they just shoot him a request and see if their assertions hold water......I doubt they do.......and since NO ONE in the S.O holds a Jurist Doctorate. I'd really appreciate it if the Virginia Pilot would QUIT printing the Sheriff & friends interpretation of LAW........they love to recite code that they clearly DO NOT understand.........
And for the love of god why is it that out of all the local Sheriffs B WOW is the only one in the clown car.......
PS. I do support ALL Police Officers/Deputies/Firefighters and the like......except for those who are corrupt....I guess you follow blindly
The Code of Virginia Seems to Contradict Your Assertion...
that the Sheriff does not have to provide security for the lower courts:
§ 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment.
A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services.
B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel.
Everyone should peek over to
Everyone should peek over to the VP editorial on the new mess.......
It's actually a pretty insightful well thought out and witty opinion......
I disagree that this mess is ANY way the city or city councils fault....Ive personally met and had conversations with Bill Watson.....Karin Johnson....Lee Cherry,Council Members,City Manager Chandler,CFO Betty Burrell and Chief Hargis.......I believe each and every one of those folks are honest....dedicated,hard working public servants doing what THEY think is in Portsmouth's best interests.....
I also believe Bill Watson (B. WOW) believes what he's saying and he thinks he's in the right.....HE'S NOT.....but Portsmouth HAS GOT TO stop this constant mess......Bill HAS GOT TO BACK OFF......hes gonna ruin the careers of his command staff and leave office and the PSO with a REAL black eye politically AND from a PR standpoint when he leaves......
of all the people who have squared off with Watson and PSO I'll be the first one to say for one last time lets (PORTSMOUTH) make some concessions and put em in writing.....and let B WOW get back to Sheriffing and let council get back to Counciling. Everyone is so busy politicking and standin
At least you are reading my comments
I like the fact that you to are now using "WOW". Too bad you could not come up with that on your own and had to plagarize me. That is OK though Mr. Gump. That is nice that you have talked to all of those people. WOW has no clue and actually, if his mouth is open, there is no doubt that he will be tell a fabricated bold faced lie. Karin Johnson might have one or two certifications (multi-line telephone system, VA Drivers License). My question is how do you go from Secretary (noble profession, I will agree, as my own mother began her career with the State as a secretary and is now ready to retire as a very senior and respected leader with the Unemployment Div. of the State) to a Captain on the Sheriff's Dept. in a matter of months? Lee Cherry, well if I had an unlimited amount of space I would comment but I will say that he is nothing more than a want to be politician. Ken Chandler-not my choice. Betty Burrell-did you ask her were the 1M+ dollars that is still missing from Parks and Rec is? Hargis-steady as a rock and will be the WINNER!
I didn't plagiarize you I
I didn't plagiarize you I have dubbed him B WOW.....as in J WOW from Jersey Shore......you know the loud mouth tantrum throwing preen queen.
Anyway.......I AM a fan of Chandler,Betty B. And Chief Hargis.........all hard working folks if you ask me.
What's TRUE
The real reason that Watson is shorthanded when it comes to his deputies is that THEY HAVE QUIT! it has nothing to do with budget cuts! He is top heavy with management(his friends) paying them salaries they don't deserve!
lol @ ugogirl........youre
lol @ ugogirl........youre exactly right.....Bill has made promise after promise to new deputies only to stick them in the jail and let them be treated as garbage........
WARNING TO B WOW AND FRIENDS: The City Council WILL close that jail.....they will gut your budget.......they will negotiate jobs for your corrections deputies at HRRJ and at a higher rate and you will be left with your proverbial BADGE in your hand.
All this while your being overridden by VADOC and AG auditors who will later testify that theres NO money missing and no one has stolen "YOUR" (TAXPAYER) money
WELL WELL WELL
His arrogance displays his ignorance. You are either a part of the problem or part of the solution. Portsmouth is dealing with a man who has to much pride. He never wants to talk about a solution. He only wants to talk about what he doesn't have and it shows us that he doesn't know what he is doing. Portsmouth voted a man who volunteered on the sheriff's department as the person to lead the whole office. He has no experience and he was fired from Sheriff Waters for pulling over his competition of his Medical Transport Business. He was abusing his volunteer duty. Watson is known for his ignorance and arrogance. He only cares about the bad boy image and does not care about the citizens or the city. He makes $100,000 a year. The problem is Portsmouth pays a person with no law enforcement experience or leadership $100,000 a year. His track record consist of being fired from Isle Of White, Portsmouth Sheriff's Office, and Norfolk Police Department. Portsmouth it is time to bring a new Sheriff to duty! He reminds me of the Charlie Brown Teacher...WAH WAH WAH ... He is too stupid to sit down and shut up! Instead of grabbing a cup of java and working up a solution like a real leader. He t