Guard gets 90-day term in teen inmate’s assault
Gilbert Hicks also gets five years' probation for grabbing the man's sex organs
A veteran youth prison guard was sentenced to five years' probation and 90 days in jail on weekends for grabbing a ward's sexual organs through clothing and twisting them, then laughing when the boy swore at him to stop.
A Circuit Court jury convicted Gilbert Hicks, 50, in July of third-degree sexual assault for grabbing the 18-year-old's testicles and penis through clothing on Jan. 21, 2004, as the ward was waiting in line with other wards to return to classes after lunch.
Hicks, a youth corrections officer for 24 years, resigned after the jury found him guilty.
According to the prosecution, the incident began when Hicks walked up to the ward and told him to "grab my balls." When the ward responded with "No, you grab mine," Hicks did so.
The two had a confrontation earlier that day when Hicks told the ward to clean the windows in his room and the boy refused.
The ward, who is now 19, did not report or seek medical attention right away, but felt pain the rest of the day and the rest of the week, said Deputy Attorney General Marcus Sierra.
After 10 days his testicles became so swollen that he told a female guard, who did not report it to her supervisor, but suggested he see a nurse. The nurse advised that he go to Castle Hospital right away and reported it. Had she not reported it, the case would have never been brought to light, Sierra said.
As the ward waited by the control room before being brought to the hospital, Hicks allegedly walked by and said, "What, you want me to grab it again?" and laughed, Sierra said.
Sierra contended that Hicks' comment was a deliberate trick to get the ward to say, "You grab mine," so Hicks would have an excuse to do it.
At trial, Hicks generally denied having any contact with the young man that day, but he admitted yesterday he did wrong and apologized to the ward, who had already left the courtroom.
Sierra had sought the maximum five years in prison. Circuit Judge Richard Pollack said he while he did not consider the victim's statements as provocation, his response did contribute to Hicks' actions.