Kevin Gerster, Former MCSO Detention Officer Accused of Beating Inmates, Charged With Aggravated Assault

gerster.jpg
Former MCSO detention officer Kevin Gerster.
The Maricopa County Attorney's Office announced today that Kevin Gerster, the former Maricopa County detention officer seen on security video punching two restrained inmates, has been charged with several crimes for his alleged misdoings while a member of the Maricopa County Sheriff's Office.

In total, Gerster faces five counts of aggravated assault for the jail beat downs, and two counts of computer tampering for allegedly using a jail database to get the home address of a former inmate. He gave the address to a friend, Dennis McCarty, who then used the information to find the former inmate and assault him because he was dating McCarty's estranged wife.

As for Gerster's co-star in the jail beating video, 32-year-old Officer Alan Keesee, who is seen slamming an inmate's head into a table, County Attorney Bill Montgomery says prosecutors are still reviewing his case.


There was some confusion over whether the County Attorney's Office planned to charge Gerster at all thanks to an announcement from the Maricopa County Superior Court earlier this week saying "charges against MCSO Detention Officer Kevin Gerster were not filed by County Attorney's office. Preliminary Hearing was scratched and the case will be removed from the HP list unless new charges are filed."

As Jerry Cobb, spokesman for the Maricopa County Attorney's Office, told New Times earlier this week, the announcement from the Superior Court is a bit misleading. All it meant, Cobb said, was that charges hadn't been filed yet.

Any further confusion was cleared up this afternoon, when Montgomery announced the laundry list of charges against Gerster.

"This person fell grossly far below of what we expect of someone in his position," Montgomery says.

Montgomery discussed what one reporter suggested was a trend in crimes being committed by law enforcement officers and officials in the Valley (specifically a former Phoenix police officer accused of robbing five Valley banks). Montgomery downplayed the suggestion that a trend was emerging but says "it's not something we're going to accept."

That's a nice change of pace -- his predecessor, Andrew Thomas, being one of the Valley's foremost offenders when it comes to abusing the public trust Montgomery described at the press conference, and all.

Gerster, meanwhile, has been released on bond. Montgomery says he will likely remain a free man until his cases are settled unless something happens that would force the court to review the terms of release.

If convicted of all the charges, Montgomery says, Gerster faces what could be more than six years in prison. Although, three years is more realistic given sentencing guidelines.

If you haven't seen the video of Gerster roughing up inmates, you should. Check it out here.
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8 comments
linaimai
linaimai

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Fuckthepig
Fuckthepig

Hope the pig rots in jail with all those he's abused, fitting ending for this pig.

Hock
Hock

What is glaringly obvious to me is this type of conduct has been tolerated in the past, otherwise he would have never behaved this way at all.

Without condoning abuse, he is a victim of a changing political climate...of course the climate is changing for the better.

It's a shame animals like him were tolerated in the first place.

Arizonaprisonwatch
Arizonaprisonwatch

Why is he not being charged under this statue?

Arizona Revised Statutes

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.

2. If done recklessly, the offense is a class 3 felony.

3. If done with criminal negligence, the offense is a class 4 felony.

B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 4 felony.

2. If done recklessly, the offense is a class 5 felony.

3. If done with criminal negligence, the offense is a class 6 felony.

C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.

E. This section does not apply to:

1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.

2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.

F. For the purposes of this section:

1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:

(a) Intentional infliction of physical harm.

(b) Injury caused by criminally negligent acts or omissions.

(c) Unlawful imprisonment, as described in section 13-1303.

(d) Sexual abuse or sexual assault.

2. "Child" means an individual who is under eighteen years of age.

3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.

4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.

5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

We at MCSO are above the law
We at MCSO are above the law

I guess you haven't heard Arizoanprisonwatch, Arpaio and his thugs have a Maricopa County kill, maim and torture anyone they want pass.

It got approved & signed by the Board of Supervisors many, many years ago.

Coz
Coz

Why haven't others at MCSO been charged with Murder or at the very least, Manslaughter in the last 15 years, would be a better question with the body count they've racked up.

Personally, I'm amazed he's being charged at all and not actually being promoted by Arpaio to Chief.

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