People v. Cervantez CA4/2

BACKGROUND

On April 17, 2012, Deputy Bruce Sheble was at the San Bernardino County

Central Detention Center escorting a nurse on a sick call when he responded to a “man

down” call on the E-North tier. He soon discovered victim Richard Rodriguez lying on

the ground with his arm bent unnaturally as if broken. There was swelling on his head

and face, blood in his mouth, and his breathing was labored. He was also seizing and

posturing, indicating a brain injury. He was rushed to the hospital in critical but stable

condition. Deputy Sheble described the incident as “more severe than average beat

down” and a treating nurse thought the victim’s injuries so severe that she would be

“surprised if he made it.”

Before the assault, Charles Banks, an inmate of E-North, had been told by a

Hispanic inmate to clear the area because “something was going to happen.” He believed

they were going to “handle business,” which meant there would be an assault. He saw

inmates passing around some “bad paperwork” on Rodriguez, which he defined as bad

charges such as a sex offender conviction. He then went to the far end of the tier between

cell blocks three and four to watch the television. He…