Former Correction Officers Sentenced For Beating Inmate

FISHKILL, NY — Two former corrections officers who were convicted of beating an inmate and then covering it up were sentenced Monday. Geoffrey S. Berman, the U.S. Attorney for the Southern District of New York, said Kathy Scott and George Santiago Jr. received 100 months and 87 months, respectively, for beating inmate Kevin Moore at the Downstate Correction Facility in Fishkill and falsifying records after the fact to cover up the beating.

Scott and Santiago assaulted Moore in violation of his constitutional rights by repeatedly punching and kicking him in the head and body as he lay on the floor, Kim said.

Moore had to be hospitalized for two weeks with facial bone fractures, five broken ribs and a collapsed lung.

Scott and Santiago were convicted Nov. 20, 2017, following a two-week jury trial.

The two former correction officers were also charged with, and convicted of, conspiring to violate Moore's civil rights, as well as falsifying and conspiring to falsify Department of Correction records concerning the assault.

Berman said Scott and Santiago participated in a vicious beating of Moore.

“Then they concocted a phony story to hide what they did, repeatedly lying in the Department of Correction records and even creating a fake injury,” he said. “The U.S. Constitution protects all of us, including those in prison. Correction officers who physically abuse inmates and lie about it will be punished as criminals.”

Scott, 44, of Saugerties, and Santiago, 36, of Fremont Center, were each convicted of one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison; one count of conspiracy to deprive civil rights, which carries a maximum sentence of 10 years in prison; one count of falsifying documents, which carries a maximum sentence of 20 years in prison, and one count of conspiring to falsify documents, which carries a maximum sentence of five years in prison.

Three other former Downstate correction officers pleaded guilty to the same four offenses: Andrew Lowery, on July 27, 2016; Donald Cosman, Aug. 31, 2016; and Carson Morris, Nov. 1.

According to evidence introduced at trial, on Nov. 12, 2013, Moore, then 54, was brought to the 1D Housing Unit at Downstate Correctional Facility to be housed overnight. Moore objected to his cell assignment and a verbal dispute ensued between Moore and a group of correction officers. After Moore yelled, in sum and substance, "I'm a monster," multiple officers, including Santiago, forced Moore to the floor, held him down, and proceeded to assault Moore as he lay there, repeatedly punching and kicking Moore in the head and body. At no time did Moore ever try to attack, touch, or even make a threatening gesture toward any of the officers. While Moore lay defenseless on the floor, Santiago cocked back his leg and kicked Moore in the face. Santiago also continued to strike Moore after Moore was handcuffed. During the beating, Santiago laughed and taunted Moore, yelling, "Who's the monster now?"

Scott, who was then a sergeant and the supervising officer on the scene, was present for the entire beating and was required to stop the excessive force of her subordinates. Instead of taking action to stop the unlawful violence, Scott encouraged it, ordering an officer to hold Moore down on the floor while other officers continued to kick and punch him. During the beating, Moore repeatedly cried out in pain and begged Scott and the other officers to stop hurting him.

Immediately after the beating, Santiago and other officers, led by Scott, engaged in an elaborate cover-up of the crime they had committed. They made up a false cover story that Moore had attacked one of the officers and that another officer had to strike Moore once in the head. To make this lie believable, the officers claimed that Moore had injured the officer's back by pushing the officer backward onto a table. Because nothing of the sort had occurred, they created a phony injury. Specifically, Santiago hit one of the other officers repeatedly on the back with a baton and Scott photographed the fake injury. Scott then prepared a false Use of Force Report of the incident, incorporating the photos and false statements from herself and other officers, including Santiago, and submitted the report to her superiors. Scott and Santiago also repeatedly pressured other officers to lie to investigators about what had occurred.

In addition to their prison sentences, Scott and Santiago must serve one year of supervised release.

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