Donald S. Boyce, United States Attorney for the Southern District of Illinois, has announced that on November 4, 2016, Joshua Demery, 24, formerly an inmate at the Federal Correctional Institution located in Greenville, Illinois, commonly known as FCI-Greenville, was sentenced for Attempted Assault of a Federal Officer with a Deadly or Dangerous Weapon (Count 1), Possession of Contraband by a Federal Inmate (Count 2), Destruction of Government Property (Count 3), Assault of a Federal Officer (Counts 4 and 5). Demery was sentenced to 60 months’ imprisonment on Counts 1, 2, 4 and 5, all to run concurrently; and 12 months’ imprisonment on Count 3, also to run concurrently, for a total term of imprisonment of 60 months. Demery was also sentenced to 3 years’ supervised release on Counts 1, 2, 4, and 5, and 1 year supervised release on Count 3, all to run concurrently, for a total term of 3 years’ supervised release. Finally, Demery was ordered to pay a $425 special assessment and $969.75 in restitution to FCI-Greenville. The Court also recommended that Demery spend his 3 years of supervised release in a treatment facility designed to treat individuals who suffer from Fetal Alcohol Spectrum Disorder. In addition, this sentence must run consecutively to the sentence Demery is currently serving in the Bureau of Prisons. Demery has been detained since his arraignment on January 25, 2016.
The charges in Counts 1 and 2 arose when, on March 9, 2015, while a correctional officer was attempting to collect food trays from inmates in the Special Housing Unit (SHU), the defendant tried to lure the officer closer to his cell door. When the officer refused to get any closer, the defendant, in an attempt to assault the officer, stuck his hand out of the food slot and tried to stab and/or slash the correctional officer with a plastic shank that had been constructed from the lid of food trays used in SHU. The correctional officer was able to back away quick enough to avoid injury. The deadly and/or dangerous weapon was a sharpened piece of plastic approximately eight (8) inches long. A search of the defendant’s SHU cell revealed this plastic shank, as well as another plastic shank that had also been constructed from the lid of a SHU food tray, both of which were objects that are prohibited for inmates to possess at FCI-Greenville.
The remaining counts arose on March 15, 2015, when Demery began damaging property that belonged to the Bureau of Prisons by destroying items in a SHU holding cell. The damage was valued at $969.75. After the defendant was convinced to stop destroying the property in the holding cell and cuff up, he was taken for a medical assessment because he was bleeding from his hands. After the medical assessment was completed, officers began escorting the defendant to another cell in SHU. When the officers arrived at the cell, Lt. M.L. and Officer M.R. placed the defendant with his face toward a wall, holding him in place. After the cell door was opened, another correctional officer began to remove the defendant’s leg irons when the defendant moved as if he was going to kick backwards. He was told to stop and he complied. When the defendant was placed in the SHU cell, however, he assaulted Lt. M.L. by kicking him in the leg. After the cell door was eventually closed, the officers had the defendant place his hand through the food slot so they could uncuff him. The defendant did so but then tried to prevent the officers from securing the food slot by grabbing the top of the food slot door. Before eventually releasing the door to the food slot, the defendant assaulted Officer M.R. by spitting on his arm.
The case was investigated by the Bureau of Prisons’ Special Investigation Section. The case was assigned to Assistant United States Attorney Angela Scott.