Two NJ Correctional Officers Indicted for Civil Rights Violation and Conspiracy to Obstruct Justice

Sergeants Jose Gonzalez and Donald Vinales face federal charges for allegedly assaulting a pretrial detainee and attempting to cover up the incident.

Two correctional officers from Passaic County, Sergeants Jose Gonzalez, 45, and Donald Vinales, 38, were indicted by a federal grand jury today for their alleged involvement in the assault of a pretrial detainee and subsequent conspiracy to obstruct justice, as announced by U.S. Attorney Philip R. Sellinger. The indictment charges both officers with one count of deprivation of rights under color of law and one count of conspiracy to obstruct justice. Both Gonzalez and Vinales were previously charged by complaint, and their arraignment is pending.

Details of the Incident

The charges stem from an incident on January 22, 2021, when a pretrial detainee at the Passaic County Jail (PCJ) reportedly squirted a mixture containing urine onto a correctional officer. The following day, Gonzalez and Vinales, along with other correctional officers, transported the detainee through an area of the jail known as a “blind spot” due to its lack of video surveillance. While in this area, the indictment alleges that Gonzalez and Vinales assaulted the handcuffed detainee, knocking him to the ground and striking him multiple times. The detainee was later taken to a hospital, where medical staff documented injuries consistent with the assault.

Obstruction of Justice Allegations

The indictment further alleges that Gonzalez and Vinales, along with other officers involved in the incident, failed to submit required use-of-force reports. In April 2022, after federal grand jury subpoenas were issued as part of the investigation, Gonzalez, Vinales, and another officer, Lorenzo Bowden, allegedly met to discuss their response to the federal probe. During this meeting, they purportedly agreed not to cooperate with the investigation and to falsely claim that the detainee had not been assaulted.

In October 2022, Bowden allegedly provided false statements to federal investigators, denying the assault and the existence of any meeting to coordinate their stories. Bowden has since pleaded guilty to conspiracy to obstruct justice and is awaiting sentencing following his plea on April 18, 2024, before U.S. District Judge Michael E. Farbiarz.

Potential Penalties

If convicted, Gonzalez and Vinales face significant penalties. The charge of deprivation of rights under color of law carries a maximum prison sentence of 10 years, while the conspiracy to obstruct justice charge carries a maximum sentence of 20 years. Both charges also carry fines of up to $250,000.

Investigation and Prosecution

The case is being investigated by the FBI, under the leadership of Special Agent in Charge James E. Dennehy in Newark, and the Passaic County Sheriff’s Office Division of Internal Affairs, led by Acting Director Gary F. Giardina. The prosecution is being handled by Assistant U.S. Attorneys Benjamin Levin, Co-Chief of the General Crimes Unit, and R. Joseph Gribko, Deputy Chief of the U.S. Attorney’s Office’s Civil Rights Division.

Legal Presumptions

It is important to note that the charges and allegations outlined in the indictment are merely accusations. Under the law, Gonzalez and Vinales are presumed innocent unless and until proven guilty in a court of law.