Appeals court upholds massive wrongful death judgment against prison company

BROWNSVILLE — The Texas 13th Court of Appeals rebuked a prison firm and warden Thursday while upholding one of the largest wrongful death judgments in the country.

The appellate court affirmed a Willacy County jury's more than $40 million civil judgment returned in 2006 against private prison company Wackenhut Corrections Corp. - now known as The GEO Group - and Warden David Forrest for negligently causing the "horrific and gruesome" death of inmate Gregorio de la Rosa Jr.

According to the scathing opinion from the appeals court, prison officials watched as fellow inmates beat De la Rosa to death. The officials then tried to cover up their inaction by disappearing and destroying evidence, the court states.

"We find that Wackenhut's conduct was clearly reprehensible and, frankly, constituted a disgusting display of disrespect for the welfare of others and for this state's civil justice system," the court notes in its opinion.

Attorneys for Forrest and The GEO Group did not respond to requests for comment.

Laredo attorney Ron Rodriguez, who represents de la Rosa's family, said the appellate court sent a clear message that it would not tolerate malice, trickery, deceit and attempts to manipulate the judicial process.

"There is nothing worse under Texas law than causing the malicious wrongful death of a human being and then destroying the evidence of guilt," Rodriguez said.

A few days before de la Rosa's expected release, two inmates beat the man to death using a lock tied to a sock while "Wackenhut's officers stood by and watched and Wackenhut's wardens smirked and laughed," the court notes in its opinion.

This month marks the eight-year anniversary of the April 26, 2001, fatal beating in the prison facility in Raymondville that Wackenhut operated and managed under contract with the state of Texas.

De la Rosa Jr., a 33-year-old Laredo resident and honorably discharged former National Guardsman, was serving a six-month sentence for possession of less than one-fourth a gram of cocaine.

The appellate court pointed out that Forrest first testified in his deposition that he had seen a videotape that showed the beating and de la Rosa's injuries, which he described in detail.

"Amazingly, Warden Forrest amended his deposition to testify that the video he testified to seeing was in reality a movie he had created in his mind based on information he had learned about the beating," the court's opinion states.

The court also noted that while Wackenhut claimed only one lock had been used in the beating, two lock shanks were found, indicating that two locks had been used.

"The second lock was never produced; thus, the jury was entitled to presume that Wackenhut intentionally destroyed this evidence as well to lessen its liability," the court states. These cover-up attempts showed intentional malice, trickery and deceit.

The appellate court reduced the 2006 judgment from $47.5 million to $42.5 million because one of de la Rosa's plaintiff family members had since died.

The appellate court noted that the case supported the award of punitive damages, "given the horrific facts of this case, including Wackenhut's malicious and grossly negligent conduct, the gruesome manner in which Gregorio was killed, and Wackenhut's behavior in attempting to cover up its liability."

The court also noted that its sense of justice was offended by Wackenhut's conduct "in maliciously causing Gregorio's death" and destroying critical evidence.

A motion for rehearing, if any, would be due by April 17.

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Emma Perez-Treviño is a reporter for The Brownsville Herald.