Inmate charged with spitting on jailer

 


An inmate in the Woods County Jail is facing a felony charge after allegedly spitting on a jailer.

Court documents show on Feb. 13 at 1:37 p.m. on duty Woods County Sheriff’s Office Jailer Brandon Nesseralla contacted Woods County Deputy David Cummings about inmate Cole Bence throwing feces on the floor in front of his cell. Nesseralla said Bence was currently throwing water on the floor also.

Cummings told Nesseralla to shut off the water to Bence’s cell. Nesseralla contacted an on-duty Alva Police Office to come to the jail while he went upstairs to shut off the water. When Cummings arrived at the jail, Nesseralla said while he was shutting off the water, Bence spit on him three times on the face and shoulder and was threatening to harm him.

Cummings and Nesseralla went upstairs to move Bence from his cell to the downstairs holding cell so the area could be cleaned. Cummings asked Bence if he was going to clean up his feces and he said no, according to the affidavit.

After the area had been cleaned, Cummings spoke to Bence in a post-Miranda interview. Bence said the reason he spit on the jailer was that Nesseralla was spiritually tormenting him and he could not stand for it any longer. Bence said he is being poisoned and he has been trying to tell Nesseralla that he wants to file police reports for incidents he was involved in years ago, but no one will listen.

Cummings asked Bence if he wanted to apologize to Nesseralla, but he declined to do so. He requested that he be charged for spitting on the jailer. Cummings gave Bence voluntary statement forms for him to fill out regarding the alleged incidents from years prior that he had wanted to report.

Cole Mason Bence, 34, has been charged with prisoner placing body fluid on government employee, a felony. This crime is punishable by imprisonment up to two years and a fine up to $1,000.

 

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