Ex-Deputies Admit To Allowing Dublin Inmate To Throw Human Waste

DUBLIN, CA — Two former Alameda County sheriff's deputies have pleaded no contest to a single count of assault under the color of authority for allowing an inmate to throw feces and urine at another inmate in a maximum security unit at the Santa Rita Jail in Dublin in 2016.

The plea agreement for Sarah Krause and Stephen Sarcos allows them to avoid having to serve time in prison for their actions.

Krause, who pleaded no contest to a felony assault charge, will be placed on 5 years' felony probation and have to serve 240 hours of community service and pay $1,800 in fines when she is formally sentenced by Alameda County Superior Court Judge Kevin Murphy next month.

And if she successfully completes her probation she can petition the court to reduce the charge to a misdemeanor.
Sarcos, who pleaded no contest to a misdemeanor assault count, will be placed on 3 years' probation, pay $1,240 in fines and perform 180 hours of community service.

At a preliminary hearing for Krause and Sarcos in 2018 their
attorneys admitted that the two former deputies engaged in misconduct during the incident in September 2016 but said their actions weren't felonies.

But Alameda County prosecutor Tim Wagstaffe objected to treating the case as a misdemeanor, saying, "This crime violates the trust of inmates and the community."
Wagstaffe said, "It is absolutely disgusting to participate in the
gassing of another person," using the term to describe throwing feces and urine at someone.

Sheriff's Detective Patrick Smyth testified that the incident
involved an inmate who had an ongoing feud with fellow inmate Johnny Bowie.

Smyth said Bowie had been "very disrespectful" to Krause and the other inmate told her that he wanted to get back at Bowie and gas him.

Smyth said Krause agreed to the inmate's plan and opened his cell door and the inmate then walked upstairs with her to Bowie's cell.

Krause then opened the door to Bowie's cell and the other inmate threw a cup of feces and a cup of urine at him, although it missed Bowie, Smyth testified.

Two other former deputies, Justin Linn and Erik McDermott, are charged in the same case but are being prosecuted separately because they face more serious charges, including a count of dissuading a witness for allegedly trying to intimidate an inmate who blew the whistle on them.

Linn and McDermott are scheduled to stand trial in June.

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