Image credit: United States Penitentiary, McCreary. (2024, September 19). In Wikipedia. https://en.wikipedia.org/wiki/United_States_Penitentiary,_McCreary
A Federal Bureau of Prisons (FBOP) lieutenant at the U.S. Penitentiary McCreary, located in Pine Knot, Kentucky, has been indicted by a federal grand jury on multiple charges, including civil rights violations, falsifying records, and witness tampering. The indictment, returned last week in London, Kentucky, charges 33-year-old Lieutenant Zachary Toney with using unlawful force against an inmate and attempting to obstruct an investigation into his actions, a Department of Justice press release stated earlier today.
According to the indictment, Toney, while acting under his authority as a USP McCreary lieutenant, repeatedly kicked and struck a handcuffed inmate who was on the ground, resulting in physical injury. He then allegedly filed a false report, omitting these actions and claiming there were no injuries to the inmate. Additionally, Toney is accused of instructing three correctional officers to submit reports that excluded the excessive force they witnessed.
Deputy Attorney General Lisa Monaco stated, “The Justice Department’s mission is to protect the civil rights of all individuals, including those who are incarcerated. As alleged, Lieutenant Toney abused his position by assaulting a defenseless person in custody and then covering it up through falsified records and witness tampering. These charges reflect our commitment to holding Bureau of Prisons personnel accountable.”
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division emphasized that “correctional officers are obligated to uphold the constitutional rights of all in their custody and report any misconduct truthfully. The Justice Department will continue to enforce these standards across all federal, state, and local facilities.”
Inspector General Michael E. Horowitz of the Department of Justice added, “We entrust Federal Bureau of Prisons employees with the responsibility of providing a safe and humane environment. This indictment underscores our commitment to investigating and addressing any alleged violations of inmates’ civil rights by FBOP personnel.”
U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky reiterated, “Ensuring the safety and lawful treatment of inmates is of utmost importance. Our office remains dedicated to prosecuting any breach of this responsibility.”
If convicted, Toney could face up to 10 years in prison for the deprivation of rights charge, along with a maximum of 20 years for each count of falsifying records and witness tampering. Sentencing will be determined by a federal judge, taking into account the U.S. Sentencing Guidelines and relevant statutory factors.
The case was investigated by the Justice Department’s Office of the Inspector General and the FBI. The prosecution is being led by Assistant U.S. Attorney Zach Dembo of the Eastern District of Kentucky and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division.
FBOP remains committed to identifying and addressing misconduct within its ranks. The agency continues to work with law enforcement to prosecute any violations and uphold its mission to ensure the fair and lawful treatment of all inmates.
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