FBI confirms probe into alleged attack by sheriff's deputies
By Ron Nissimov
The FBI confirmed Friday that it is investigating whether to pursue criminal charges against one or more Harris County sheriff's deputies who allegedly attacked a prisoner last year without provocation, breaking his neck and permanently paralyzing him.

"We are making every effort to investigate the facts of this tragic incident," said Frank Agraz, spokesman for the FBI's Houston office.

Leroy Baker, 40, who says he was healthy before being rendered quadriplegic by the beating, has hired a lawyer and is considering suing. The attorney, John Tavormina, said Baker does not know the names of the deputies involved and the Sheriff's Department, Houston Police Department, and the FBI have refused to divulge any information.

Tavormina said he has been forced to ask a state district court to order the sheriff to reveal the names of those involved and divulge all related documents. A state law designed to curb frivolous lawsuits allows judges to order information released before suit is filed.

Court records show Houston police arrested Baker on June 10, 1999, and charged with assault for a dispute with a convenience store clerk. Tavormina said Baker spent a night in city jail, but was transferred the next day to the Harris County Jail on San Jacinto because he could not raise bail.

At the jail, Tavormina said, Baker was being processed with about 10 prisoners who were ordered to strip to their underwear when a white deputy shouted, ":You're not at the HPD jail anymore."

The deputy ordered Baker to face the wall and out his hands on it, Tavormina said.

"All my client remembers is seeing the deputy come up behind him from the corner of his eye," Tavormina said.

He said the deputy beat Baker, threw him to the ground and then with the help of at least one other deputy, placed Baker on his stomach and dragged him to his cell.

Tavormina said his client experienced momentary pain and then "went numb." He was taken to Ben Taub Hospital the following day, diagnosed with a severely broken back and declared to be permanently quadriplegic, the lawyer said.

Tavormina said Baker, who is black, did not mention racism as a possible factor.

Tavormina said Baker is hospitalized for skin ulcers related to his paralysis. He said he would not let him be interviewed or photographed because of potential litigation.

The Sheriff's Department declined to comment because its spokesman was out of town.

Agraz said the matter has been referred to the Justice Department in Washington, D.C., which decides whether to prosecute allegations of wrongdoing against law enforcement officers or agencies. Agraz said he could not comment further.

Court records indicate Baker has numerous convictions for assault, theft, drug delivery and other crimes. Tavormina said that record has no bearing on the credibility of the allegations.

Baker was arrested by Houston police on June 19, 1999, after officers witnessed a convenience store clerk chasing him with a bat. The lawyer said police arrested Baker, not the clerk.

Baker was charged with assault with intent to commit bodily injury, but the charge was dropped after Baker was hospitalized.

Tavormina said the fact that the Sheriff's Department did not criminally accuse Baker of attacking deputies on June 19 shows the beating was unprovoked.

The attorney said he wrote letters to Mayor Lee Brown and Sheriff Tommy Thomas explaining what happened and asking for a full investigation. He said he got no reply.