Jun 26, 2018 4 min read

Washington County, fulfilling the Observer-Reporter’s request under the state’s Right-to-Know Law, released surveillance video Tuesday that shows a Washington police officer handcuffing a female jail captain.

During Memorial Day weekend, Capt. Wendy Harris declined to immediately accept Benjamin Burgess, 34, of Washington, as a prisoner due to his medical condition, after a nurse at the county jail assessed him.

County commission Chairman Larry Maggi, a former state trooper who also presides over the county prison board, said Harris followed procedure in phoning Warden Edward Strawn “trying to resolve the situation.”

“That’s the law,” said Maggi. “They cannot accept a person if they need medical help.”

The video shows a city policeman, identified in court papers as Officer Joseph Moore, handcuffing Harris, the sole female present the night of May 27. Moore was placed on administrative duty June 15, the same day a story about the jail incident appeared in the O-R.

Burgess was stopped for driving under the influence about 10:20 p.m. May 27.

Maggi said Tuesday there was concern about Burgess’ pre-existing medical condition. According to court records, Burgess had brain surgery in mid-May.

Maggi also said Burgess, who had staples in his head and scarring, had been “jostled around.”

“The county jail is not allowed to accept a person if it appears they need medical help,” Maggi said. “(Harris) was on the phone trying to resolve the situation.”

Jail surveillance cameras do not record audio, but Maggi said Harris had called Strawn.

The video shows Harris hanging up the phone and an officer, identified as Moore in court documents, confronting her and placing handcuffs around her wrists behind her back.

It is unclear under what law Moore may have sought to charge Harris. No charges were filed against her.

City police Chief Robert Wilson would not comment on any charge Moore might have been invoking.

Harris earlier this month filed a writ of summons in Washington County Court against Moore, the city and the police department, alleging police misconduct.

Strawn eventually arrived at the jail. In the video file released to the Observer-Reporter, three camera angles recorded 49 minutes’ worth of events.

If a prisoner is not accepted for medical reasons, the procedure calls for him or her to be taken to a hospital emergency room.

“A doctor will either release the prisoner to be placed in the county jail, or they’ll be detained there and sheriff’s deputies will watch them if they’re kept in the hospital for a period of time,” Maggi said.

Burgess was in Beaver County Court last week to waive his right to a preliminary hearing on a DUI charge state police filed there in January.

When questioned by a reporter about the circumstances Memorial Day weekend at Washington County jail, Burgess said, “I would really prefer to speak with my lawyer first. I don’t know exactly what is going on with that.”

He identified his lawyer as Christopher Blackwell, who, according to his office, was in court Tuesday afternoon. Blackwell did not immediately return a phone call.

Burgess said of the Observer-Reporter’s initial story that was published June 15, “I did have a major problem with that being put in there, my private medical information.”

Any information in the news story about Burgess came from court records available to the public as part of a previous case from late April.

Burgess faces another preliminary hearing next month on the Washington drunken driving charge.

City officials also are looking at the jail surveillance video. “We are still reviewing it,” Wilson said Tuesday afternoon.

Harris is still on the job as a jail captain, and her photograph hangs among an all-male contingent as part of an array of administrators and officers in the jail lobby.