Former Eastern Kentucky Correctional supervisors plead guilty to role in assault of restrained inmate, cover-up

WEST LIBERTY — Two former Eastern Kentucky Correctional Complex supervisors pleaded guilty to roles in the assault of a restrained inmate and the cover-up.

According to a U.S. Department of Justice press release, James Benish and Randy Nickell acknowledged that on July 24, 2018, they witnessed fellow EKCC officers assault a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles and isolated in a prison shower cell.

Benish admitted he was in the shower during the assault. He also admitted he “violated the inmate’s civil rights by failing to intervene and protect the inmate despite having the means and opportunity to do so.”

Nickell, who stood outside the shower while the assault occurred, admitted that he falsified records by omitting the assault from his occurrence report. He also admitted he later lied to the supervisor assigned to investigate the incident and to a Kentucky State Police detective.

Both men are scheduled for sentencing Dec. 11.

Benish faces a maximum sentence of up to 10 years in prison. Nickell faces a maximum of 20 years for each charge.

Two other former EKCC officers have pleaded guilty in related cases. On Aug. 29, 2022, Jeffery Havens of West Liberty pleaded guilty to one count of deprivation of civil rights based on his assault on the inmate. On July 11, 2022, Derek Mays of Morehead pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the same assault.

EKCC is a medium security facility in Morgan County with a population of 1,938.


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