NEWS

Second Fed Med supervisor admits cover-up of assault

Sarah Okeson
News-Leader

A second supervisor at the U.S. Medical Center for Federal Prisoners has pleaded guilty in federal court to accusations that he convinced a prisoner who was assaulted by a correctional officer not to report the incident, according to the U.S. attorney's office.

Justin K. Flowers, 39, of Ozark, pleaded guilty before U.S. Magistrate Judge David P. Rush to dissuading a federal inmate from reporting the possible commission of a federal offense, according to a release from the U.S. attorney's office. In a separate but related case, James C. Myrick, 42, of Nixa, pleaded guilty Wednesday to the same offense.

According to a plea agreement, inmate Shawn Springer was struck by a correctional officer, identified as "D.P.," on Dec. 3, 2012, according to the U.S. attorney's office.

The incident happened while Springer was in the lieutenants' office, which Flowers and Myrick shared. Springer had been involved in a dispute with a nurse, the wife of the correctional officer who hit him, the prior day, according to the release.

Flowers and Myrick have each admitted that they encouraged Springer not to tell anyone that he was struck in the head by Officer D.P., the release says. Springer was offered improved cell accommodations for his silence.

After leaving the lieutenants' office, Springer was moved to a cell where he had access to a television, according to the U.S. attorney's office. As a result of Flowers and Myrick's inducement, Springer told a nurse that he had hit his head while cleaning his bunk, instead of telling the nurse that he was hit in the head by Officer D.P. in their presence.

The next day, Springer reported to a psychologist that he had been assaulted by Officer D.P., according to the release. During the investigation that followed, Myrick and Flowers each submitted a memo that claimed Springer's head injury was pre-existing and made no mention of Officer D.P. using force on Springer. This statement was contradicted by other staff members who provided sworn affidavits that supported the conclusion that Springer's injury was not pre-existing to his visit to their office.

An investigator from the U.S. Department of Justice Office of the Inspector General was dispatched to the medical center and interviewed Flowers, Myrick and others, according to the U.S. attorney's office. Flowers and Myrick each initially claimed no force was used on Springer. They claimed that Springer's injury was pre-existing. Myrick later admitted that he failed to report that Springer had been struck by Officer D.P. in his office. He also admitted that his original memo was intentionally misleading.

Officer D.P. admitted striking Springer but denied trying to conceal the matter, according to the U.S. attorney's office. Officer D.P. told the investigator that he asked if a memo was required and was told by Myrick that it wasn't. In a subsequent interview, Flowers then admitted his statements from the first interview were false and that his original memo was intentionally misleading.

Flowers and Myrick could each be sentenced to up to three years in federal prison without parole, plus a fine of up to $250,000.

These cases are being prosecuted by Assistant U.S. Attorney Abram McGull II. They were investigated by the U.S. Department of Justice Office of the Inspector General and the U.S. Medical Center for Federal Prisoners – Special Investigation Unit.