People v. Olguin CA5

STATEMENT OF FACTS

I. Prosecution’s case-in-chief

On July 15, 2018, at approximately 9:00 p.m., a Kern Valley State Prison correctional officer was conducting a security check and collecting inmate mail when he passed by the cell occupied by defendant and Eric Moreno. The officer saw Moreno “on the cell floor hog tied with some white cloth.” Specifically, Moreno was “laying on his stomach” and his neck, wrists, and ankles were “all tied in one spot” “directly behind his back.” Prior to the officer’s discovery, other routine security checks, dayroom releases, and “pill line” releases were conducted without incident and none of the inmates— including defendant and those in neighboring cells—alerted prison personnel about any issues involving Moreno. The officer asked defendant, who was “sitting on the bottom bunk” and “drinking some water,” if Moreno “was okay.” Defendant signaled “no” by shaking his head. A medical emergency alarm was activated. After defendant was restrained and removed from the cell, officers and medical staff attended to Moreno, who was unresponsive. Moreno was so tightly bound that marks were left on his neck, wrists, and ankles. He also had abrasions and…