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FCI Englewood Started Eric’s ADX Transfer Paperwork BEFORE his recent trial ever started

The Custody Level Conundrum 

When Eric arrived at USP Lee after a recent acquittal at trial in March 2022, he was not allowed to walk the yard; he was informed he was on a special hold.

At the transfer center at USP Atlanta, before reaching USP Lee, the Burea Of Prisons deleted Eric’s management variable making him maximum security custody. He was told that he CAN NOT be transferred and can not be placed in general population. 

Eric currently has medium security points, and it has been confirmed there’s no management variable, yet somehow the BOP has him classified as MAXIMUM security custody. 

Eric is at USP Lee because in May of 2020, it was confirmed the BOP previously wrote out some disciplinary shots and referred them to the prosecutor for potential charges; the BOP is unable to conduct it’s own disciplinary hearing until the prosecutor declines criminal prosecution. At that point, the BOP can conduct it’s own disciplinary hearing for these two write-ups, which could result in potential sanctions like lost good time, lost phone use, lost access to commissary, etc.

The BOP claims they are unable to transfer him from USP Lee due to these indefinitely pending disciplinary hearings, where he is being illegally detained above his current custody level, with records of threats to his life at USP Lee from white supremacist gangs that have been documented since 2018.

It seems awfully convenient, because the BOP had no problem conducting a disciplinary hearing for Eric regarding the write-up of the assault in the closet (that Eric was just acquitted of in March 2022 at federal trial), despite the prosecutor communicating with BOP they DID intend to prosecute https://supportericking.org/2022/04/02/this-is-not-a-blue-dress-gold-dress-type-of-situation/ At trial, it was revealed the BOP went as far as creating a fake version of the BOP disciplinary hearing paperwork to present to Eric that said the prosecutor WASN’T pursuing prosecution.

The Write-Ups 

When reading about these alleged disciplinary infractions, keep in mind that Eric has never seen any of these. Nor has he been delivered either of them. They are all at this point hypothetical, straight from the mouths of Bureau of Prison staff.

The alleged write-ups the prosecutor is holding onto that stalls Eric’s transfer involves Officer Gustafson, who took Eric into the showers in June of 2020 while handcuffed in his underwear, and attacked him. He flipped Eric over, dumped him head first onto concrete, which resulted in an emergency trip to the hospital and stitches.  

They attempted to write Eric up for this, claiming that he assaulted the officer. However, upon review of video and BOP officer statements, this write-up was dismissed. It was clear Eric played no role in this interaction besides victim. 

This was not the first incident. In fact, Officer Gustafson carried out systematic harassment of Eric via disciplinary write-ups, assault attempts and threats. At times at the behest of the prosecutor (at trial), at times seemingly of Gustafson’s own accord.

If BOP policies extended to protect Eric… Gustafson would have never gotten the keys to Eric’s cell in June of 2020.

In April of 2020, Officer Gustafson threw a book at Eric. When Eric attempted to report this, he was told that the specific position of an officer who’s job is to investigate allegations against BOP staff wasn’t filled, so he was unable to report the violation. In actuality, *per policy* if a prisoner alleges an officer attempted to assault him the two will not have contact until an investigation is concluded, or the prisoner has a disciplinary hearing in order to keep all parties safe. 

This did not happen.

In May of 2020, Officer Gustafson claims Eric assaulted him by flicking water at him from the shower. (The SAME day in a different unit Eric’s friend also received the SAME write-up of “assault by liquid” despite the two being held without contact). While this is an incredibly silly claim, this disciplinary infraction was on the books. It should have created a situation where the two would no longer have contact. https://supportericking.org/2020/06/29/deliberate-indifference/ 

This did not happen.

Little did Eric know, the next contact with Gustafson would be between his head and the cement floor of the shower. This for SURE was going to trigger the policy protecting him from this officer, right?  https://supportericking.org/2020/06/24/eric-assaulted-by-guard-at-fci-englewood/

The BOP STILL ALLOWED OFFICER GUSTAFSON ACCESS TO ERIC.

And now… Eric is at a max security facility awaiting an ADX supermax transfer.

Afterwards, Officer Gustafson was given a new job out-of- state. The trial prosecutor DID have further contact with him; he brought Gustafson to testify against Eric at trial March 2022, where Eric was unable to bring up the assault in the shower during his testimony. And now, the prosecutor is sitting on these write-ups holding out for criminal prosecution on a write-up that directly involves Officer Gustafson. 

Did the BOP investigate this assault and targeted harassment of Eric AT ALL? After his disciplinary hearing in 2020, after those staff statements and video showing he did nothing wrong in the shower, did this trigger an investigation?

The ADX Referral 

(read about the ADX prison in Florence here https://people.howstuffworks.com/adx-florence.htm)

FCI Englewood shipped USP Lee in 2022 a hard-copy folder of an ADX supermax designation referral already in process for Eric. It seems BOP attorneys may have began the process of a supermax custody transfer PRIOR to Eric ever stepping foot in the courtroom for trial (and eventual acquittal) March 2022.

USP Lee has completed Eric’s psych exam, intake interview, and sent Eric’s ADX supermax referral off for a final decision on transfer. 

The supermax control unit was built to handle prisoners with incredibly long sentences or life in prison. So it seems a little odd, so soon after Eric’s acquittal, they chose an ADX…We’re one year and seven months away from Eric’s out date, but he’s placed in absolute segregation at the ADX supermax…

Eric wanted to share these; he wants ya’ll to know that this pending ADX transfer is VERY real.

Intake paperwork:

Eric is at medium security points. At medium points with no management variable, a prisoner MUST be held at appropriate custody. Yet he is currently being held in MAXIMUM custody at USP Lee in segregation, and pending transfer to ADX supermax Florence.

The Conditions 

  • Eric is not receiving any mail, no phone and no visits.
  • Eric has no sanctions on phones, yet has not been allowed a phone call to his family. 
  • The library at USP Lee is closed. 
  • Prisoners in segregation at USP Lee are not allowed visits. Despite the fact Eric has no visiting sanctions, and did not currently ask to be placed in the SHU, he is going to be held without any access to visits. 

“Things here are EXACTLY as predicted lol, this is mentally + physically exhausting. Same horrible food, finger toothbrush w/ expired “toothpaste,” no family visits, no law library, no phone calls, + seemingly no family mail. Paper spoons, no radios. Loud ALL the time, hot as fuck, dirty as fuck, had the same holey socks for 3 weeks. I’ve been getting legal calls, but only 4 letters – 3 from my first 3 days, + none from my wife 🙁  Everything we thought, right on the money. The day I got here S.I.S. put me in the SHU saying it’s cause I had pending shots . . . 2 days later psych said I was being referred to ADX, I told him 2 shut up . . . 3 days later he brought me the “ADX psych eval consent form” . . . then 2 days after that I had the Eval. Test. So they aren’t playing games w/ that. 4 days ago my Case Manager confirmed that my packet was completed here and totally at Region – who along w/ National – ordered this 2 happen according 2 psych.

Naturally, that was pretty shocking. They’re saying the referral can take 2-3 months 🙁  ugh. Will I hear from my wife during this time? People NEED 2 be asking the appropriate folks, if I’m being moved then what’s the hold up? Let’s go! Why the extra stuff? Why destroy family contact + law library access?

19 days + not one fam. letter? :(“

What did Eric do that is deserving of 7 months underground before he’s eligible for a halfway house? He has been held in segregation for 3 years and 9 months. The BOP told senators that he had to be held in segregation because he was ACCUSED of assaulting a lieutenant. So now that he’s acquitted (not guilty) at trial March 2022, what is the reasoning for sending him back to Florence, to complete solitude underground in a supermax control unit? Why is it necessary to put his halfway house time back in the hands of a warden that sent staff to testify against him at his trial in March 2022?

We have QUESTIONS

North Central Regional Office 

Andrè Matevousian is currently the North Central Regional Office Director, however he was also the warden of ADX Florence in 2018. Eric was NOT designated to ADX Florence at that time, yet his transfer paperwork dated August 20th of 2018 was signed by then-warden Andrè Matevousian. This was a “temporary transfer” request to USP Leavenworth. Warden Matevousian tells Director Sarah Revell that Eric was AGRESSIVE and DISRUPTIVE and therefore had to be placed in hard 4 point restraints, but…

Did Matevousian have knowledge this was not the truth? If he would have reviewed the footage and reviewed staff statements to the FBI about the day Eric had been assaulted in a broom closet August 2018, he would have known that in fact there is no footage of Eric demonstrating anything but compliance. When the head of SIS Robert Cordova spoke to the FBI in May of 2020, he admitted in fact footage had been deleted because it showed that Eric was compliant and therefore there was no reason to maintain the footage. Other officers also testified under oath to Eric’s compliance at an evidentiary hearing October 2021 and at federal trial March 2022.

After this transfer requested by Andrè Matevousian

Eric was never allowed to safely walk a normal yard again.

Andrè’s will be one of the final signatures on the paperwork that will seal Eric’s fate and send him to the ADX.

Director Andrè Matevousian played a role in 2018 in these trumped-up charges Eric was acquitted of due to acts of self defense from an assault in a broom closet at Florence in August 2018, and again in 2022 being a part of placing Eric into ADX supermax custody.

Any questions about Eric’s compliance prior to the application of restraints can be summed up by watching this video:

Please be Eric’s voice and call the North Central Regional Office and Director Matevousian for Eric; ask some REALLY important questions

Andrè Matevousian

Email: [email protected]

North Central Regional Office

Email: [email protected]
Phone: 913-621-3939
Fax: 913-551-1175

Calling in regards to Eric King 27090045

  • Demand Director Matevousian review the footage of the use of force incident from Eric’s acts of self defense due to the assault in the broom closet at Florence in August 2018, and decide if Eric’s behavior prior to the application of restraints dictates that he be immediately placed in hard 4-point restraints.
  • Compare this to Captain Gicconi and Lieutenant Kammrad’s statements and testimony that led the director to request a regional transfer of Eric.
  • If the director finds violations in BOP policy, specifically restraints used as punishment and policy violations in Eric’s subsequent transfer to a ADX supermax, we urge him to turn it over to the Office of the Inspector General.
  • Demand the Regional Office review why FCI Englewood failed to take Eric’s report of assault when Officer Gustafson threw a book at Eric in 2020
  • Regional Office: Review why Officer Gustafson was still given the keys to Eric’s cell and the ability to take him into the showers in June of 2020, AFTER Officer Gustafson wrote Eric up for a 224: allegedly assaulting an officer in the showers with water on 4-3-2020? Review why this 224 write-up by Gustasfson did not trigger a protection order keeping him and Eric separate as BOP policy demands.
  • Regional Office: Review if appropriate action was taken after it was decided Eric played no role in aggravating Gustafson to attack Eric in the showers June 2020. When the Disciplinary Hearing threw out Eric’s shower write-up, did they appropriately notify the Office of Inspector General of Gustafson’s misconduct as required? Did they notify the Regional Office of this misconduct? Will Englewood Assistant Warden Lillard, Lieutenant Quezada, and Lieutenant Gustafson be investigated regarding these disciplinary shots given to Eric?
  • How can they place a prisoner who is SIX months away from being eligible for a halfway house in a ADX supermax prison designed to be an extra level of punishment for folks with life sentences in prison?
  • Did FCI Englewood start this ADX supermax transfer process before Eric was allowed a trial?
  • How can Eric be acquitted of federal charges March 2022, but be immediately referred to ADX supermax and sent BACK to Florence?
  • Why are Eric’s attorneys not allowed to see the write-ups that are holding him in maximum custody awaiting a supermax ADX referral? There’s a pending disciplinary hearing and transfer indefinitely due to these alleged unaddressed write-ups, and Eric is at risk everyday he is stuck in segregation at USP Lee due to threats to his life by white supremacist gangs at USP Lee, which has been documented since 2018.
  • Why was a bar licensed attorney at risk of a denied legal visit with Eric at USP Lee in segregation unless they agreed to a federal background check? This goes against BOP Policy as well as 28 CFR § 543.13 Visits by attorneys.

BOP National Office

Phone: 202-307-3198 

BOP Director Michael Carvajal

Email: [email protected]

Calling in regards to Eric King 27090045

  • Demand the National Office review ALL footage of use of force policy violations from the use of force incident in August of 2018.
  • Why did the North Central Regional Office fail to trigger an OIG investigation when staff reported Eric did nothing in the showers to be attacked by Officer Gustafson June 2020? Will they start an investigation now?
  • Why did FCI Englewood start an ADX Florence transfer for Eric before he even had his federal trial March 2022?
  • How can they transfer someone who is eligible for a halfway house in six moths to the ADX Florence? Right after he was acquitted in federal trial March 2022?
  • Why is the BOP National Office authorizing the holding of Eric outside his custody level?
    • Eric has no management variable, he has been scored medium security custody, yet he is sitting in segregation in maximum security facility USP Lee. What policy ALLOWS this?
  • Why has Eric had no ability to call his family? His phone restrictions allow for 75 minutes a month minimum yet he is not being permitted any calls.
  • Eric is not in disciplinary segregation, so why is he not allowed to visit with his family?
  • Why isn’t Eric being permitted access to the law library? Isn’t given socks? Only 20 squares of toilet paper? Paper spoons? No radio?
  • Why are Eric’s attorneys not allowed to see the write-ups that are holding him in maximum custody awaiting a supermax referral? There’s a pending disciplinary hearing and transfer indefinitely due to these alleged unaddressed write-ups, and Eric is at risk everyday he is stuck in segregation at USP Lee due to threats to his life by white supremacist gangs at USP Lee, which has been documented since 2018.
  • Why was a bar licensed attorney at risk of a denied legal visit with Eric at USP Lee in segregation unless they agreed to a federal background check? This goes against BOP Policy as well as 28 CFR § 543.13 Visits by attorneys.

Mid-Atlantic Regional Office

Mid-Atlantic BOP Regional Office 

Email: [email protected] 

Phone: 301-317-3100 

Fax: 301-317-3119 

Calling in regards to Eric King 27090045

  • Why is the mid-Atlantic Regional Office authorizing the detention of Eric King being held outside his custody level?
    • Eric has no management variable, he has been scored medium custody, yet he is sitting here in segregation in maximum security facility USP Lee. What policy ALLOWS this?
  • How can they transfer someone who is eligible for a halfway house in six moths to the ADX Florence? Right after he was acquitted in federal trial March 2022?
  • Why has he had no ability to call his family? His phone restrictions allow for 75 minutes a month minimum yet he is not being permitted any calls.
  • He is not in disciplinary segregation, so why is he not allowed to visit with his family?
  • Why isn’t he being permitted access to the law library? Isn’t given socks? Only 20 squares of toilet paper? Paper spoons? No radio?
  • Why are Eric’s attorneys not allowed to see the write-ups that are holding him in maximum custody awaiting a supermax referral? There’s a pending disciplinary hearing and transfer indefinitely due to these alleged unaddressed write-ups, and Eric is at risk everyday he is stuck in segregation at USP Lee due to threats to his life by white supremacist gangs at USP Lee, which has been documented since 2018.
  • Why was a bar licensed attorney at risk of a denied legal visit with Eric at USP Lee in segregation unless they agreed to a federal background check? This goes against BOP Policy as well as 28 CFR § 543.13 Visits by attorneys.

VIRGINIA SENATORS:

  • Eric is being held outside his custody level without a management variable.
  • Eric is designated to be transferred to the ADX Florence immediately following his recent acquittal in March of 2022 from acts of self defense when assaulted in a broom closet by Florence correctional guards in August 2018. He is 6 months away from being eligible for a halfway house. He hasn’t had a disciplinary write-up since 2020. Why are they sending him back to the officers who assaulted him in a broom closet at Florence in August of 2018?
  • He is not being allowed contact with his family through mail, phone calls or visits. He’s not being allowed access to law library. He isn’t given socks, has only 20 squares of toilet paper, given paper spoons, and no radio.
  • Why are Eric’s attorneys not allowed to see the write-ups that are holding him in maximum custody awaiting a supermax referral? There’s a pending disciplinary hearing and transfer indefinitely due to these alleged unaddressed write-ups, and Eric is at risk everyday he is stuck in segregation at USP Lee due to threats to his life by white supremacist gangs at USP Lee, which has been documented since 2018.
  • Why was a bar licensed attorney at risk of a denied legal visit with Eric at USP Lee in segregation May 2022 unless they agreed to a federal background check May 2022? This goes against BOP Policy as well as 28 CFR § 543.13 Visits by attorneys.

Virginia Senators 

We need Virginia senators Tim Kaine and Mark Warner to help keep Eric King safe while he’s at USP Lee.

Eric was recently acquitted of erroneous yet serious charges in March 2022 due to acts of self defense when assaulted by guards in a broom closet at Florence in August 2018, and is 6 months away from being eligible for a halfway house pending his release in December 2023. He hasn’t had a iesciplinary write-up in the last 18 months, he has no management variable, and he is a medium-security prisoner. Yet he is currently being held in maximum-security penitentiary USP Lee and being threatened with being sent to ADX Florence, the highest security prison in the country, with eligibility for halfway house delayed pending alleged disciplinary shots. How is this possible? Why are they doing this?

There’s an indefinitely pending disciplinary hearing and transfer due to these alleged unaddressed write-ups that Eric has never seen for himself and neither has his legal team. Eric is at risk everyday he is stuck in segregation at USP Lee due to threats to his life by white supremacist gangs at USP Lee, which has been documented since 2018. There is establised case law regarding the BOP sending someone into dangerous and life threatening scenarios. Fitzharris v. Wolf, 702 F.2d 836, 839 (9th Cir. 1983); Gullatte v. Potts, 654 F.2d 1007, 1012-13 (5th Cir. 1981); Roba v. U.S., 604 F.2d 215, 218-19 (2d Cir. 1979).

Even a bar licensed attorney was at risk of a denied legal visit with Eric at USP Lee in segregation May 2022 unless they agreed to a federal background check. This goes against BOP Policy as well as 28 CFR § 543.13 Visits by attorneys.

Senators Kaine and Warner need to review Eric’s detention, call the prison, and visit Eric now. It is their jobs to ensure humane treatment and conditions and legal care is maintained in Virginia. His safety, his very life, is on the line.

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