Jessica Masulli Reyes, Brittany Horn, and Esteban Parra

The News Journal

A lawsuit filed Tuesday raised questions about whether the siege at James T. Vaughn Correctional Center could have ended sooner, possibly saving the life of Lt. Steven Floyd Sr.

In the lawsuit, filed on behalf of Floyd's widow and five prison staffers, then-Warden David Pierce was ready to have a team storm Building C an hour after inmates took control. The lawsuit claims Pierce was overruled by Gov. John Carney – potentially breaking policy – delaying the rescue attempt until the next day when Floyd was already dead.

Carney's spokesman denied that the governor intervened in the decision to rescue prison employees, calling the allegations false. Carney is not named as a defendant in the lawsuit.

"The hostage negotiations were conducted by trained professionals from the Department of Correction and Delaware State Police," spokesman Jonathan Starkey said. "The governor trusted his law enforcement team on the ground to make decisions on how best to respond throughout the incident."

Multiple sources with knowledge of the standoff who are not affiliated with the lawsuit told The News Journal that Pierce wanted to breach Building C within an hour of the siege but was overruled.

The lawsuit said Pierce was "enraged." The policy states that the warden is first in the chain of command during an emergency inside the prison and is the only one who can authorize the use of force.

Attempts to reach Pierce were unsuccessful.

Pierce was placed on administrative leave weeks after the uprising. He was later reassigned to the Bureau of Community Corrections, where he continues to receive an annual salary of $109,595.64, according to a Department of Correction spokesperson.

The dispute about the way the hostage negotiations may have played out comes nearly three months after the deadly hostage situation unfolded at the Smyrna prison.

The siege began around 10:20 a.m. when Floyd and correctional officers Winslow Smith and Joshua Wilkinson were attacked by masked inmates. All three were beaten and locked in closets.

The lawsuit said four Quick Response Team officers responded to the building, but that Floyd yelled out, "It's a trap! It's a trap! Get out of the building! Cut off the water!"

The life-saving warning angered the hostage-takers who tortured Floyd, the lawsuit says.

The hostage-takers released Smith around 2:25 p.m. He was told to memorize and deliver five names to authorities outside, the lawsuit says. Wilkinson was released around 8 p.m. with a pillowcase over his head, the lawsuit says.

Three maintenance workers who barricaded themselves in the basement also were able to relay information to authorities and eventually escape.

The lawsuit claims the prison's Correctional Emergency Response Team was prepared to retake the building and rescue Floyd by about 11:30 a.m.

It is unclear what time Floyd died because the governor refused his family's request to see the autopsy report, the lawsuit says.

STORY: Vaughn correctional officer wonders why he was spared

STORY: Delaware prisoners denied medical care after siege

The lawsuit notes it is common for the response team to act quickly, as was the case in September of 1971 when three correctional officers were rescued without harm from a riot in Building C after only three hours.

The state's policy on emergency preparedness and response says the warden should be the "ultimate commander" during an emergency. If the warden is unavailable, the next highest-ranking person, such as the deputy warden for security, major or shift commander, is in charge.

All high-ranking staff must undergo an initial 32 hours of training on emergency preparedness, followed by eight hours per year in refresher training. However, the minimum training requirements can be modified or eliminated if budget, overtime or other factors make the training impractical, the policy says.

Only the ultimate commander can send in the response team to use force to end an emergency, the policy says, but the decision-maker should not be the one directly negotiating.

"The governor's actions were a violation of all [prison] emergency preparedness training, policies and procedures governing the rescue of hostages, which placed the rescue attempt in the hands of the warden who was trained for quick thinking in such an emergency," the lawsuit says.

It was not until 5:06 a.m. on Feb. 2 that SWAT teams from the Delaware State Police and Maryland State Police stormed into the building and ended the uprising.

The teams were able to rescue a counselor, Patricia May, still being held hostage, but Floyd was found dead.

Staff reporter Scott Goss contributed to this story.

Contact Jessica Masulli Reyes at (302) 324-2777 or jmreyes@delawareonline.com. Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3. Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.