By David DeBolt
DUBLIN — Telling his account publicly for the first time Saturday, one of three jail guards arrested on suspicion of murder in the death of a Santa Clara County Jail inmate proclaimed his innocence and said he never touched the 31-year-old man.
In an exclusive jailhouse interview, Rafael Rodriguez, 27, said the guard uniform he wore the night authorities say he and two other officers entered inmate Michael Tyree’s cell was clean, showing no signs that he made contact with Tyree.
His arrest on Thursday on suspicion of murder in the death of Tyree is the first time he has been on the other side of the law, he said. Two other officers, Jereh Lubrin and Matthew Farris, were also arrested and placed in protective custody in Alameda County’s Santa Rita Jail as an added precaution.
“It sucks being in here for something I didn’t do,” Rodriguez said while seated behind protective glass in the Dublin jail’s visiting area Saturday morning.
Well-groomed and wearing a red jail jumpsuit, the San Jose native steadfastly denied the allegations made against him, Lubrin and Farris.
Rodriguez acknowledged that he had been inside Tyree’s pod to search it but maintained that no one forced Tyree to take his pills or laid a hand on him, as alleged. The former security guard claimed that the Santa Clara County sheriff’s investigation is relying on hearsay from inmates and making things up.
Sgt. James Jensen, a spokesman for the sheriff’s office, said in response to Rodriguez’s claims that there’s “enough evidence to arrest the three correctional officers, including Rafael Rodriguez. If we felt we did not have enough evidence, we would not have made the arrest.”
In statements this week, Sheriff Laurie Smith said her department has indisputable evidence the three officers were the only ones who entered Tyree’s pod on the sixth floor of the jail on Aug. 26. His battered body was found naked in the cell on Aug. 27. Smith called the officers’ actions “violent and cowardly.”
The county medical examiner concluded the mentally ill man died of massive internal bleeding caused by blunt force trauma, his liver and spleen lacerated, his body having cuts and bruises.
Inmates told this newspaper the officers’ alleged actions are part of a larger problem within the jail, where beatings from guards are not unusual.
One inmate, 32-year-old Juan Perez, said he watched from across the hall as the three officers entered Tyree’s cell, heard Tyree scream in pain, and saw the officers turn off the cell light as they left, acting surprised when returning an hour later to find Tyree unresponsive.
Rodriguez is the first of the three guards to speak about the investigation. On Friday, Lubrin refused to comment and referred questions to his lawyer during a jailhouse interview with a reporter from this newspaper. Attempts to reach Farris and his family have been unsuccessful.
Speaking softly into a jail telephone, Rodriguez described himself as a hard worker who has never been in trouble or arrested. With regard to Tyree, he said the officers did not force him to take medication and that protocol requires a nurse to administer medication. While Rodriguez could not explain Tyree’s injuries, he repeated that he did not touch him.
All three officers were the subject of search warrants served last weekend, and their duty uniforms were among the items sought, according to sources.
When asked, Rodriguez said he did not wash or clean the uniform he wore the night he entered Tyree’s cell. “Rafa,” as he is called by relatives, declined to say if his uniform was seized by authorities.
The father of two sons, ages 5 and 11 months, Rodriguez said he has tried to set a good example for his children and that the allegations have brought shame to his family. He lives in downtown San Jose with his mother, wife Nina and his sons. As of Saturday morning, he had not spoken to his wife or his two children since his arrest.
“My family needs me right now,” Rodriguez said.
Earlier this week, his sister-in-law, Lisa Luna, said Rodriguez is a model husband and father.
“He is extremely close to me and my family, and we know that he would never do anything like that — absolutely not,” Luna said. “He is the best brother-in-law you could ask for. He’s very good to my sister, he provides for his family, and he’s always there for me and my daughter.”
Luna said Rodriguez “worked really hard to get to where he is at right now” and “definitely wanted to be in law enforcement. I know he wants to be on the good side of everything.”
A sleeve of religious tattoos runs up Rodriguez’s left arm. On his forearm is a tattoo script reading “Blessed” and one of St. Michael, the archangel, whom he calls his “shield.” A tattoo of the Virgin Mary is partially covered by the sleeve of his red jail jumpsuit.
Asked about the tattoos, Rodriguez said, “My God will be the one that saves me.”
The only correctional officer who has not made any public statements is Matthew Farris.
His father was a prosecutor for 33 years with the Santa Clara County District Attorney’s Office, which is expected to file criminal charges Tuesday against the jail guards.
Thomas Farris retired in mid-2010, before District Attorney Jeff Rosen took office in 2011. Although Rosen and Thomas Farris were both trial attorneys in the same office along with more than 150 attorneys, Farris “never served on the same unit” as Rosen, and “they were not friends,” the office said in a written statement Saturday.
However, concerned about a possible conflict of interest, Rosen last week asked the state Attorney General’s Office for an opinion. “They advised that the situation should not lead to a recusal,” the district attorney’s statement said, meaning that Rosen and his staff are free to weigh whether to file charges, as well as to prosecute the case if they decide charges are warranted.
Even in the absence of an actual conflict of interest, though, the situation remains dicey for Rosen. He must tread carefully to avoid accusations of either being too lenient on his former colleague’s son or too harsh.
During his tenure with the office, Thomas Farris was known as a tough, skillful prosecutor. In one of several high-profile cases he tried, he sought what some in the office regarded as a particularly severe penalty and others viewed as appropriate.
Thomas Farris successfully tried Al Joseph DeGuzman, the 19-year-old who planned a Columbine-style attack on De Anza Community College in Cupertino in 2001 but was caught before he could implement it.
DeGuzman’s attorney sought a plea deal, but Farris was unrelenting. DeGuzman was sentenced to 80 years in prison and hanged himself in 2004.
Staff writers Tracey Kaplan and Tracy Seipel contributed to this report. David DeBolt covers breaking news. Contact him at 510-208-6453. Follow him at Twitter.com/daviddebolt.
