A lieutenant at U.S. Penitentiary (USP) McCreary in Pine Knot, Kentucky, has been indicted on multiple federal charges, including civil rights violations, falsifying records, and witness tampering. The charges stem from an incident in which Zachary Toney, 33, allegedly used excessive force against an inmate under his custody.
According to the indictment, Toney, acting in his capacity as a lieutenant, repeatedly kicked and struck a victim who was handcuffed and lying on the ground. The victim sustained bodily injuries during the assault. Toney is accused of then attempting to cover up his actions by submitting a false report that omitted details of the excessive force and falsely claimed there were no injuries to the inmate.
In addition, the indictment alleges that Toney instructed three correctional officers to write false reports, deliberately omitting their observations of his use of force against the victim.
“The Justice Department’s mission is to protect the civil rights of all Americans, including those who are incarcerated,” said Deputy Attorney General Lisa Monaco. “As alleged, Lieutenant Zachary Toney assaulted a defenseless person in his custody, then tried to cover up that misconduct by falsifying records and tampering with witnesses. These charges make clear we will hold accountable Federal Bureau of Prisons personnel who abuse their positions of authority.”
The case highlights ongoing concerns about misconduct within the Federal Bureau of Prisons. Assistant Attorney General Kristen Clarke emphasized the importance of correctional officers respecting the constitutional rights of inmates, stating, “The Justice Department will continue to enforce those obligations in federal as well as state and local facilities.”
Toney is facing serious charges. If convicted, he could face up to 10 years in prison for the deprivation of rights charge and up to 20 years for each of the falsification of records and witness tampering charges. The sentencing will be determined by a federal district court judge, who will consider U.S. Sentencing Guidelines and other factors.
The investigation was led by the Justice Department’s Office of the Inspector General and the FBI.
U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky stressed the importance of upholding the law in correctional facilities: “Ensuring the safety and security of inmates in the custody of the government is critically important. We remain committed to ensuring that custody and care is in accordance with the law.”
Toney’s indictment underscores the federal government’s commitment to holding law enforcement and correctional officers accountable for abuses of power, particularly within the prison system.
