Prison Colonel Accused Of Using Pepper Spray On Handcuffed Inmate

MIAMI, FL — A Florida Department of Corrections colonel in Miami was charged with battery Tuesday after allegedly being caught on video using pepper spray on an inmate for no apparent reason and then ordering another prison officer to cover up the incident in a phony report. Colonel Patrick Riggins of the Everglades Correctional Institution was also charged with official misconduct following the July 2017 incident. The inmate was handcuffed at the time, according to the Miami-Dade State Attorney's Office.

“All individuals in custody should receive proper treatment and respect,” noted State Attorney Katherine Fernandez Rundle. “The law requires it and our community demands it. The investigation into this incident continues.”

The charges were announced Tuesday following a joint investigation by the Miami-Dade State Attorney’s Office and the Florida Department of Corrections Office of the Inspector General.

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"Mazzard McMillan was one of the inmates temporarily held in an area of the institution’s dormitory on July
27, 2017," according to the State Attorney's Office. "The handcuffed inmates were told to get on the floor. Video shows McMillan beginning to comply. Coming upon McMillan, Colonel Riggins sprayed him with pepper spray without provocation or justification."

Prosecutors said that Riggins directed Captain Lindsay Bethel of his staff to create a false incident report
and a false report of force to justify the use of pepper spray on McMillan.

"The reports falsely alleged that McMillan attempted to slip out of his hand restraints," the State Attorney's Office explained.

The battery charge is a first-degree misdemeanor while the misconduct charge is a third-degree felony in Florida.

“The actions of Officer Riggins were unacceptable and do not represent the thousands of FDC officers who work diligently to ensure the safety of the individuals in our custody," said FDC Secretary Julie Jones.

"Our department takes all cases of inappropriate and unauthorized force very seriously, and any officer
found engaging in this type of misconduct is subject to appropriate discipline," Jones added.

Everglades Correctional Institution photo courtesy Florida Department of Corrections