Update:  Federal Inmate Who Was Mistakenly Released From Jail Is Back In Custody

By Nate Morabito
Reporter / WJHL
Published: July 17, 2008

A federal inmate is back behind bars after he was mistakenly released from the Washington County, Tennessee, Detention Center Wednesday. Washington County deputies arrested Brian Rogers Thursday afternoon at a home on East Fairview Avenue in Johnson City.

“(Rogers) told me he knew he wasn’t supposed to be let out, but he couldn’t help but leave,” Washington County Sheriff’s Office Deputy Lt. Larry Denny said after arresting the man and bringing him back to the Washington County Detention Center.

Rogers’ arrest came more than 24 hours after an administrative error resulted in the felon’s accidental release. Washington County Detention Center Jail Administrator Maj. Brenda Downes says three agencies share the blame for Rogers’ premature release.

“A miscommunication is a fair assessment,” she said.

In the midst of serving a 130-month sentence for federal gun charges, Rogers also spent time in the Greene County Jail, according to Downes. After serving his time there, Greene County transported Rogers to the Washington County Detention Center, Tuesday where he was wanted for failure to appear charges, Downes said. However, when he arrived at the jail, Downes said his Detainer Warrant did not arrive with him. She said either the Greene County Sheriff’s Office or the United States Marshal’s Service was supposed to deliver that warrant, which would have kept Rogers locked up. That paperwork didn’t arrive at the jail until after 2:00 pm the next day and by then, it was too late, Downes said.

Wednesday morning, shortly after nine o’clock, the Washington County Clerk’s Office signed off on Rogers’ release. Downes knew the man was supposed to remain in jail on federal charges, but she never told the booking officers. She said in those kinds of cases in the past, she has never had to; the paperwork has always arrived with the inmate. Since it did not this time, when the booking officers did not see a Detainer Warrant in Rogers’ file, they released him.

“Several different agencies are at fault here,” Downes said. “A lot of things could have been done (differently). If we had received the Detainer from the county releasing him, if we had received the Detainer from the U.S. Marshal’s Office, if I would have called booking and told him he’s coming, then I’m under the impression the paperwork’s coming with him, I shouldn’t have to call booking.“

Although she would have done things differently in hindsight, Downes is now just relieved Rogers is back in jail.

“This is an extremely rare incident that will be learned from from all agencies for it to never happen again,” she said.

The Greene County Sheriff’s Department did not return phone calls Thursday. However, the U.S. Marshals Service said it too hopes to learn from this situation.

“Now we must look at what we can do to prevent this in the future,” Supervisory Deputy U.S. Marshal Warren Mays said Thursday shortly after Rogers’ arrest. Still, he would not pinpoint exactly what went wrong.

“I tell my folks everyday, do not draw conclusion before you begin an investigation,” Mays said. “I’m going to look at this and we’re going to take a look at it very thoroughly and I am not going to draw a picture before I start.”
 
In the meantime, Rogers will remain at the Washington County Detention Center under U.S. Marshals supervision. He will stay there until the Federal Bureau of Prisons determines where he will spend the next 130 months of his federal sentence. On top of that punishment, he also now faces a new charge of unlawful flight to avoid prosecution.