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People v. Prescott5/22/2002
The cell doors can also be opened manually. Officer Bicknell did not hear the motor running that opens the cell doors when appellant's cell door opened.
When appellant stepped into the doorway of his cell he had an apple in his hand. Officer Garrett ordered appellant back into his cell, while Officer Bicknell yelled up to the control booth officer to close appellant's cell door. Officers Bicknell and Garrett stopped approximately six to ten feet across from appellant's open cell door. Officer Garrett again ordered appellant to enter his cell. Someone behind Officer Bicknell told appellant to "go for it." Officer Garrett heard someone behind them say "fuck it. Go for it." Appellant, after taking a bite from the apple, threw the apple at Officer Bicknell and then charged Officer Bicknell. Officer Bicknell turned to his right avoiding the thrown apple, and as he turned back to face appellant, appellant punched Officer Bicknell in the face. Appellant, who was bent over, attempted to grab Officer Bicknell by reaching around Officer Bicknell's waist. Officer Bicknell bent over the top of appellant's back, reaching under appellant's arms, using his body weight to force appellant down to the ground. Officer Garrett struck appellant's thigh twice with his baton, but stopped striking appellant because both appellant and Officer Bicknell were falling down to the ground. After Officer Bicknell and appellant were on the ground and while appellant was trying to strike Officer Bicknell, Officer Garrett tried to restrain appellant's left arm to prevent him from striking Officer Bicknell. Three additional correctional officers, Mojica, Zermeno and Sergeant Smith, arrived to subdue appellant. While these officers were trying to subdue appellant, he continued to struggle with the officers, by " ighting and flailing." It was only after the officers were able to get leg irons on appellant that he stopped resisting the officers. Officer Bicknell had not had any prior problems with appellant. After the altercation, Officer Bicknell was examined by an MTA, who referred him to the prison nurse who then escorted Officer Bicknell to the prison infirmary. Officer Bicknell had "some scrapes on elbows and knees," and a mark on the bridge of his nose caused by his sunglasses when appellant punched him. Officer Bicknell was later examined at a local hospital and was released. While Officer Bicknell was waiting to go to the hospital, appellant was wheeled by on his way out of the infirmary, appellant told Officer Bicknell "you're dead."
Defense Case
Two inmates testified on appellant's behalf, inmate Trout and inmate Mowatt. Inmate Mowatt's cell was about 30 feet across from appellant's cell. Mowatt saw appellant's cell door opening and saw two correctional officers walking by appellant's cell. Appellant, who was eating an apple, stepped out of his cell. Appellant took a bite out of the apple and then threw it down to the ground. After appellant threw the apple down, Officer Garrett struck appellant from behind with his baton. Prior to being struck by Officer Garrett, appellant did not strike either officer. After appellant was struck by Officer Garrett, appellant fell forward and Officer Bicknell grabbed appellant in a chokehold forcing him to the ground.
Inmate Mowatt testified that about a month after the incident involving appellant, inmate Mowatt's cell door opened inexplicably. He did not see any correctional officers in the area, and after about 10 seconds he stepped out into the tier. After he stepped into the tier, his cell door closed and he heard the control officer tell him to get down to the ground. Inmate Mowatt, seeing the control officer going for a gun, did not feel safe in the open ar
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