Only sheriff's guards had contact with Crenshaw in his cell, but Arpaio still maintains that Crenshaw sustained his life-ending injuries by falling out of his bed.
In 2003, attorneys for Crenshaw's family requested copies of the video surveillance that would have shown the initial fight with guards. The MCSO withheld the footage for three years. After a court order, the sheriff produced a grainy and denigrated analog copy of the digital footage. It proved to be useless, the attorneys said.
Two of the guards' written reports are identical, down to the punctuation. Another two match up word-for-word in several places. Click
here to view a larger image.
Click
here to view a larger image.
Related Content
More About
"Defendants have already admitted that they destroyed Brian's classification files, as well as the digital video data referenced in your September 26, 2006 order," one court filing from the case reads.
Crenshaw's family was represented by attorney Mike Manning, who also represented the family of Scott Norberg. Manning was not a wrongful-death litigator until the death of Norberg, a family friend. Since then, he has represented the families of six deceased inmates in lawsuits against Arpaio. (Manning also represents New Times in current litigation against Arpaio and Maricopa County Attorney Andrew Thomas.)
"They wanted to ensure that the jury, judge, and public couldn't see what happened. If Crenshaw really started the fight, they wouldn't destroy the evidence," Manning says.
"In every case of incriminating video, they copy and copy the footage until it's indecipherable. We always tell them not to touch the evidence. They always do."
CHARLES AGSTER
The MCSO has not only withheld evidence of suspicious deaths, its employees have tampered with evidence, according to the testimony of one former employee.
Charles Agster was a mildly retarded 33-year-old. His parents asked police to pick him up when he wouldn't leave a convenience store.
Agster died after eight jail guards roughed him up and slammed him into a restraint chair (In 2006, a jury awarded his family $9 million after a wrongful-death verdict.).
During the Agster trial, lawyers revealed that jail employees created a fake booking ID so they could alter the answers to Agster's intake questions.
Jail staff also changed records so they could claim Agster was suicidal, banging his head against the floor, and acting intoxicated. During the 2006 trial, it was revealed that those records had been created after Agster died.
Nurse Betty Lewis testified that she was instructed by jail healthcare staff to alter Agster's records — so that his death wouldn't look as suspicious.
As with the other deaths mentioned in this story, the guards involved in Agster's death were never disciplined by the sheriff — even after they were found liable for inmates' deaths.
"Eight of the eight detention officers were found liable. Zero were disciplined. Six have been promoted," Manning says.
CLINT YARBOROUGH
Clint Yarborough died in Arpaio's jail in December 2005, after a group of officers beat him, according to another inmate.
In April 2007, the county paid $1 million to settle Yarborough's case.
During an interview with KPHO-TV Channel 5, another inmate, Nathaniel Gatlin, described the frenzy that took place when guards started beating Yarborough.
"That's when I was like, 'What are you guys doing? You're beating him to death. You're hurting him.' And he's telling me, they're telling me, 'Shut up. Mind your own business.' I'm like, 'Well, how can I mind my own business when you're sitting there in front of me, beating the hell out of somebody!?'" Gatlin said.
Until video of Farias' final moments surfaces — if it ever does — the guard's written accounts will serve as the only record of his death. One thing is clear about those accounts: All the guards agree about what happened in the jail that night.
They really agree. In fact, some of them wrote the exact same thing, word for word, comma for comma.
Officer Trueman (B0940) wrote that "Mendoza became very agitated and resistant he was not complying with any of our verbal commands."
So did Officer Kush (A8737). Trueman and Kush's accounts of Farias' death are exact duplicates. Every single word, punctuation mark, and grammatical error is identical. The only difference is their names.
Other officers were subtler in making sure that their stories about Farias' death lined up.
Sergeant Owsley (A5025) and Officer M. Horton (A9866) didn't copy their entire accounts, as Kush and Trueman did, but their reports share a handful of identical sentences.
"Inmate was combative and resistive the entire route; kicking at the Officers and resisting being in the wheelchair," wrote Owsley. So did Horton.
The two also share the exact same wording in the crucial paragraph about the moment when Farias stopped breathing.
"Right wrist was removed from hand cuff and Inmate turned on to his side, at which time we discovered inmate was bleeding, it appeared to be from his nose and mouth . . .," wrote both the guards.
The remaining seven reports tell the same tidy tale, but not word for word. None of the accounts is more than a page.
All the officers say that Farias was "combative" and/or "resisting." They all say that they moved him to a psychiatric cell, and then he just stopped breathing.
Without the video, there's no way to know whether the story is true.
When an inmate dies in Arpaio's jail, it's not the Phoenix Police or any other department that investigates the death. It's the sheriff's own Internal Affairs unit.