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Family of dead Texas prison guard protests lack of transparency

Five prison guards pushed into an obstructive prisoner’s cell at the Wainwright Unit on Nov. 13. Only four came out alive.

The family of corrections officer Jovian Motley, 27, the deceased prison guard, want more answers and real reflection from the Texas Department of Criminal Justice. This Saturday, they along with 100 others will protest TDCJ over his death and the policies and procedures the family blames for the death.

“There are not enough safety parameters, there's not enough staffing, there's issues with their policies and procedures that day after day they're being put in dangerous situations,” said Tammica Motley, Jovian’s mother. “What happened to my son could have happened to anyone’s.”

The family viewed the video of the extraction team that resulted in her son’s death last month. She described it as intentionally far away and obstructed. The video raised more questions than it answered for the family.

The department has not released the footage to the public, nor has it released basic information about the death to the press. TDCJ has misused privacy exceptions for inmates to avoid releasing public records, according to experts on the open records law.

“While the incident remains under investigation by the Office of Inspector General (OIG), we cannot comment on the specific narrative of the events at this time. OIG is diligently conducting criminal and administrative investigations,” said Amanda Hernandez, TDCJ director of communications, in an email.

TPR has independently confirmed that the name of the inmate was Jabari Lewis. He was transferred to the Allred Unit in North Texas after the deadly encounter and is being investigated for capital murder by the Office of the Inspector General. Prison reform advocates have alleged that Lewis is suffering retaliation from the department — a charge TDCJ has denied.

The state has battled to keep secret key documents related to an assault by prison guards that left a man in a coma.

A leaked TDCJ incident report of the deadly encounter was posted on YouTube. It described an irate inmate “Lewis” who “took possession” of the food slot on his door, preventing it from being closed.

Guards threatened consequences if he continued. When he didn't relent, he was sprayed with pepper spray four times and a five-man extraction team was sent in to subdue him.

Motley would be pulled out unconscious.

“After several minutes of the inmate fighting with staff and resisting the application of hand restraints staff identified that Officer Motley was injured and the inmate was on top of him,” it read.

Officers called 911. They performed CPR. Infirmary staff shocked his heart. He was pronounced deceased an hour later.

Tammica Motley said she has not spoken to anyone on the team, and doesn’t believe that the department is being honest about what happened.

“When we first initially got the news, we were told that they believed the inmate choked my son or strangled my son. I said that didn't happen,” Motley said calling her son a fighter.

According to Tammica Motley, the autopsy supports her conclusion. TPR has not viewed the autopsy, but she said her son presented with no abrasions or bruises — suggesting strangulation. Additionally, she said the autopsy differed from the TDCJ incident report and stated not just Lewis was on top of her son, but at least one other guard.

The lack of answers has left the family angry.

So it's a slap in my face. It's a slap in Houston's face. It's a slap in my family's face if we don't have answers,” she said “So we're going to come on January 27th to stand boldly at the unit and let them know we're not going anywhere.”

In addition to answers, she wants policies changed.

TDCJ failed to deescalate the situation, she said. And her son —who was working a double shift — should not have been on the extraction team. TDCJ has struggled for years to increase its staffing with one in three correctional officers positions vacant.

At Wainwright Unit, things are even worse, and 55% of positions are unfilled, according to the most recent data. Former TDCJ guards have called the staffing levels at some units “insane” and dangerous for the community.

“We have initiated a comprehensive review of our policies, procedures, and trainings associated with extraction teams and de-escalation methods,” said Hernandez in an email.

The Office of the Inspector General has yet to charge Lewis with a crime, but action is anticipated in coming weeks.

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Paul Flahive can be reached at Paul@tpr.org