Two Correctional Officers Indicted for Civil Rights Violation and Conspiracy to Obstruct Justice in Connection with Assault o Pretrial Detainee

NEWARK, N.J. - Two Passaic County correctional officers were indicted today by a federal grand jury for their role in violating a pretrial detainee's civil rights and conspiracy to obstruct justice, U.S. Attorney Philip R. Sellinger announced.

Sergeants Jose Gonzalez, 45, and Donald Vinales, 38, are each charged in a two-count indictment with one count of deprivation of rights under color of law and one count of conspiracy to obstruct justice. Gonzalez and Vinales were previously charged by complaint. They will be arraigned on a date to be determined.

According to the indictment:

On Jan. 22, 2021, a pretrial detainee at the Passaic County Jail (PCJ) squirted a mixture containing urine onto a correctional officer. The following day, Gonzalez, Vinales and other correctional officers transported the detainee through an area of the PCJ that does not have a video surveillance camera, which correctional officers and inmates at the PCJ have referred to as a "blind spot." While in that blind spot, Gonzalez and Vinales assaulted the detainee, while he was handcuffed, when they knocked him to the ground and struck him multiple times. One day after the assault, the detainee was taken to a local hospital, which documented injuries from the assault.

The defendants were required to submit documentation regarding their use of force. None of them submitted any such reports.

In April 2022, after receiving federal grand jury subpoenas in connection with this investigation, Gonzalez, Vinales, and Correctional Officer Lorenzo Bowden, among others, met to discuss the federal investigation. The group agreed not to cooperate with the federal investigation and also agreed to say that nothing had happened to the detainee (referring to the assault). During an interview with federal investigators in October 2022, Bowden falsely stated that the detainee had not been assaulted and that there had not been any meeting or communication among those who participated in or witnessed the assault.

Bowden pleaded guilty on April 18, 2024, before U.S. District Judge Michael E. Farbiarz to an information charging him with conspiracy to obstruct justice and is awaiting sentencing.

The charge of deprivation of rights under color of law carries a maximum penalty of 10 years in prison and the charge of conspiracy to obstruct justice carries a maximum penalty of 20 years in prison. Both charges carry a fine of up to $250,000.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; and the Passaic County Sheriff's Office Division of Internal Affairs, under the direction of Acting Director Gary F. Giardina, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorneys Benjamin Levin, Co-Chief of the General Crimes Unit, and R. Joseph Gribko, Deputy Chief of the U.S. Attorney's Office's Civil Rights Division.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.