CLEVELAND, Ohio — A judge declared a mistrial Thursday in the criminal case of a Cleveland City Jail corrections officer accused of punching a handcuffed inmate.
Prosecutors failed to turn over a report that corrections officer Jose Quinones wrote after the Feb. 6, 2016 altercation inside the jail, defense attorney Kevin Spellacy said.
Three witnesses testified Thursday during a bench trial in front of Cleveland Municipal Judge Ronald Adrine. The third, a supervisor in the corrections department, testified that Quinones wrote a use-of-force report following the incident.
City prosecutors never turned that report over during discovery, Spellacy said. Adrine immediately declared a mistrial.
Cleveland spokesman Dan Williams did not immediately return messages. It is unknown if prosecutors will try to retry the case.
Quinones, 43, is a U.S. Army veteran, a former bank manager and a 12-year veteran of the corrections department, Spellacy said.
“He’s a real reputable and decent man,” Spellacy said of Quinones. “An inmate spit in his face and he defended himself with limited force. He maintained that he never struck the inmate.”
Prosecutors on March 31 charged Quinones with assault and interfering with civil rights, both first-degree misdemeanors.
Quinones was accused of punching jail inmate Dennis Kosch, 33, as he was being transferred from the city jail to the Cleveland House of Corrections. Kosch, who was jailed on a drunken=driving charge, started to feel dizzy, according to court records and a May interview.
Kosch said he was upset about not being given access to blood-pressure medication he was prescribed. Kosch said he “had an attitude” with Quinones but didn’t otherwise provoke him.
Prosecutors said that Quinones handcuffed Kosch, then punched him in the face.
Kosch eventually pleaded no contest to drunken driving in the case. He was sentenced to take a drug and alcohol abuse class instead of serving jail time.
Quinones was put on restrictive duty, but has not been disciplined, Spellacy said.
“He has been working every day,” Spellacy said. “He shouldn’t be disciplined.”
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