Justin F. Thomerson and his defense attorney, Gregory Parvin, left, during the third day of Thomerson’s trial on riot charges in Juneau Superior Court Thursday morning, Aug. 4, 2017. (Liz Kellar | Juneau Empire)

Justin F. Thomerson and his defense attorney, Gregory Parvin, left, during the third day of Thomerson’s trial on riot charges in Juneau Superior Court Thursday morning, Aug. 4, 2017. (Liz Kellar | Juneau Empire)

Jury splits in prison riot case

  • By LIZ KELLAR
  • Tuesday, August 8, 2017 6:28pm
  • News

The first of four co-defendants in a prison riot case was found guilty of third-degree criminal mischief by a jury Tuesday. But the jury did not convict Justin F. Thomerson of the more serious charge, felony rioting, in connection with the October 2015 incident that heavily damaged a dorm at Lemon Creek Correctional Center.

Three of Thomerson’s fellow inmates still are scheduled to stand trial on the same charges this fall.

Given that those cases are pending, Assistant District Attorney Amy Paige declined to comment on the verdict Tuesday afternoon.

Thomerson’s attorney, Gregory Parvin, said that he respected the jury’s decision, but added, “Obviously I’m disappointed with the result. … I believed strongly in my client.”

Thomerson appeared stoic after the verdict, shaking Parvin’s hand before he was taken back to LCCC. His sentencing was set for Nov. 10. He could face up to five years in prison.

Co-defendants Dalton Nierstheimer and Jordan Oldham’s trial has been rescheduled for Oct. 30. They will return to court on Oct. 23 for a pre-trial hearing, while Christopher Davison’s competency has been questioned and a status hearing was set for him on Sept. 28. Four other co-defendants — Tommie Snyder, Shawn Buck, Rodney Willis and Jose A. Munoz— previously took plea agreements.

The riot reportedly was sparked by changes to the phone system used by inmates that caused a jump in billing rates. On the night of Oct. 5, 2015, calls were abruptly stopped, and inmates became agitated by the fact that they would be paying for those disrupted calls.

[At LCCC, prison riot starts with a phone]

In E dorm, inmates covered cameras and uprooted a table bolted to the dorm’s concrete floor. The table was wedged against the door into the dorm, and a window into the dorm was broken. Bathroom partitions and bunk mattresses were ripped from their places and shoved against the broken window in an unsuccessful attempt to prevent corrections officers from flooding the dorm with pepper spray through the resulting hole.

No one was injured, but the cost to repair the damages was estimated at about $6,500.

Thomerson’s defense rested on the argument that while he was present in the dorm during the riot, his apparent participation was aimed more toward trying to defuse the situation and then protect himself from any potential tear-gassing by correctional officers.

Both the prosecution and the defense used surveillance video from inside the dorm and outside in the hall, but each interpreted Thomerson’s actions quite differently. There was no sound for the video, so it was left to the jury to decide which version of events it believed.

For the jury to find Thomerson guilty of rioting, it would have had to find that he was one of a group of six or more people engaged in violent or tumultuous conduct in a public place, that he knowingly engaged in that conduct, and as result, there was a risk of damage to property or physical injury to person.

Instead, the jurors found him guilty of the criminal mischief charge, which meant finding that he intentionally damaged property without having the right to do so or without having a reasonable belief that he had that right, and that he caused $1,000 or more in damage.

 


 

Contact reporter Liz Kellar at 523-2246 or liz.kellar@juneauempire.com.

 


 

More in News

(Juneau Empire file photo)
Aurora forecast through the week of Nov. 10

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

Students arrive at Thunder Mountain Middle School on the first day of school Thursday, Aug. 15. The school now houses all students in grades 7-8, who were in two middle schools last year, and the students at Thunder Mountain last year when it was a high school have been consolidated into Juneau-Douglas High School: Yadaa.at Kalé. (Laurie Craig / Juneau Empire file photo)
Report: 11 high school fights during first quarter of school year, up from 3 each of past two years

Consolidation seen as possible factor; middle school incidents more typical compared to recent years

People gather outside Resurrection Lutheran Church as it hosts its weekly food pantry on Tuesday afternoon. (Mark Sabbatini / Juneau Empire)
Resurrection Lutheran Church leadership dispute intensifies with accusations of assault, theft, sabotage

Pastor removed, lawsuit lingers as competing groups try to continue worship services, food pantry.

Nick Begich, center, the Republican candidate for Alaska’s lone U.S. House seat, talks with supporters during a meet-and-greet Oct. 12 at the Southeast Alaska Real Estate office near the Nugget Mall. (Mark Sabbatini / Juneau Empire file photo)
Updated vote counts show Begich, repeal of ranked choice voting likely to prevail

Most ballots uncounted on Election Day have now been tallied, with final results due Nov. 20.

Letters of support are posted to the window of the Kachemak Bay Family Planning Clinic on Tuesday, Nov. 12, 2024, following a shooting incident on Monday, Nov. 11 at 5:45 a.m. in Homer. (Delcenia Cosman/Homer News)
Man arrested for three shooting incidents at reproductive clinic, recovery organization in Homer

Kachemak Bay Family Planning Clinic was targeted twice Monday, suspect cites “religious beliefs.”

A sign welcomes visitors to Hoonah on Aug. 7, 2021 just outside the Icy Strait cruise ship port. (James Brooks/Alaska Beacon)
State commission approves new Xunaa Borough government in northern Southeast Alaska

Area would include Hoonah and much of Glacier Bay National Park, exclude three nearby small towns.

Juneau Assembly Member Ella Adkison (center) helps state Sen. Jesse Kiehl load donated groceries into a van on Saturday during a food drive at Super Bear IGA Supermarket hosted by the Juneau Central Labor Council. (Mark Sabbatini / Juneau Empire)
Nonprofits say need is high as collections for annual Thanksgiving events approach

Food bank, other agencies say number of people seeking help is rising due to cost, other factors.

(Michael Penn / Juneau Empire file photo)
Police calls for Saturday, Nov. 10, 2024

This report contains public information from law enforcement and public safety agencies.

Gov. Mike Dunleavy poses with then-President Donald Trump during a refueling stop by Air Force One at Joint Base Elmendorf-Richardson in February of 2019. (Official White House photo)
Update: Dunleavy and Dahlstrom plan, cancel live Tuesday night announcement as Trump post for governor rumored

Dunleavy being considered for Interior secretary; also backs Trump on eliminating Dept. of Education

Most Read