An inmate in the Texas Department of Criminal Justice system serving six years for a prior charge of Aggravated Assault with a Deadly Weapon has been found guilty and sentenced to twenty-five years for a felony charge of Aggravated Assault Against a Public Servant.

Defense Attorney Steve Keathley of Corsicana represented Tilwen Joseph Green, Sr. and argued a plea of insanity.

Under Texas law, the insanity defense requires a defendant to provide evidence of a “mental disease or defect” that rendered them incapable of “knowing that their conduct was wrong.”

Representing the State were District Attorney Brian Evans and Cindy Garner with the Special Prosecutor Unit for the State of Texas.

After a three-day trial last week in the court of Judge Patrick Simmons, jurors entered a two-hour long deliberation on Thursday morning, February 7, 2019 and came back with the decision that Green was not legally insane at the time of the event and was therefore guilty of the charge.

Green entered the TDCJ system at the Boyd Unit (located between Teague and Fairfield) in 2015.

On November 15, 2016, Green is said to have attacked Correctional Officer (CO) Steven Rossiaky, striking him in the head and/or face, causing him to fall to the ground and sustain a broken hip resulting in a rod and screws being surgically implanted.

The incident happened in the E-Wing Day Room, where inmates were going about their day.

According to witnesses, on that particular day, inmates were supposed to be wearing pants, not shorts, with their button-up shirts, but Green was one of many wearing shorts.

Inmate witness Craig Darby, a self-proclaimed friend of Green, explained that the notice regarding clothing had not been relayed to the inmates; therefore Green and the others were not aware they needed to be dressed in pants.

“When CO Rossiaky confronted Inmate Green about it, they had words,” says Darby. “It wasn’t good. CO Rossiaky used a racial slur, calling him a Nigger. He’s garbage and very disrespectful! I missed the actual fight because I was looking the other way and it happened so fast.”

Darby went on to explain that “most of the guards are there to help you do good and reform yourself, but there are some that make you feel like the lowest scum of the earth. CO Rossiaky was one of those guys.”

Another inmate witness, Donald Brumly, claimed that Rossiaky was an officer who provoked the inmates, and thereby not suitable to be in a position as guard.

“He would always make the comment that it was his job to keep us from going home,” said Brumly.

Witnesses for the State included correctional officers and Sergeant Arnulfo Bennett, each testifying that Rossiaky was doing his job like any other officer when the event took place.

According to them, Rossiaky was going around the day room trying to get several inmates into compliance with the dress code.

In the video footage of the incident, after Rossiaky speaks to the inmates and while he is waiting for the door to open to exit the day room, Green can be seen coming up behind Rossiaky and punching him repeatedly in the face and head. After Rossiaky falls, Green stays on top of him and continues to punch him until guards are able to tackle him.

Rossiaky does not remember the attack himself. He did not know which inmate struck him as his back was turned to the room when it happened.

As this was a case with an insanity plea, both sides hired their own psychologists to evaluate Green.

According to the State’s witness, Dr. Mary Alice Conroy, a professor at Sam Houston State University, Green is not someone she would diagnose as being insane.

Witness for the Defense, Dr. Phillip Taft of Taft and Associates out of Corsicana claims the opposite.

“I believe Green did not know the wrongness of his actions at the time of the alleged crime. He’s not connected to reality,” said Dr. Taft.

Severe mental illnesses Dr. Taft claims Green suffers from include Borderline Intellectual Functioning with an IQ of 75, Adult Antisocial Behavior, Depression and Anxiety, Suicidal, Intermittent Explosive Disorder, Alcohol Abuse Disorder, and Post Traumatic Stress Disorder (PTSD).

Dr. Taft hints that many of these disorders were caused by mental, physical and sexual abuse Green allegedly suffered as a child, coupled with an injury resulting in him being in a coma for two weeks many years ago.

He explained that his conclusions were based upon speaking with Green and Green’s wife, as well as reviewing documentation on file with TDCJ since Green’s incarceration began in 2015.

Taft said he did not review files, such as medical or police records, prior to Green’s incarceration; meaning there was no documentation of alleged abuse as a child or injury resulting in a coma.

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Under cross examination, Taft admitted that, of all the mental issues listed above, only the PTSD, allegedly caused by abuse Green suffered as a child, would be severe enough to quantify when considering possible insanity in this case.

Although the defendant did not take the witness stand, court records indicate that he claims not remembering the incident and does not understanding why he did it or why he cannot remember.

Dr. Taft says he believes the mental issues, coupled with being provoked by Rossiaky, caused a mental break in Green, resulting in the alleged crime.

“Obviously we are disappointed with the result,” explains Keathley. “But I certainly understand what a jury goes through in determining an outcome. It’s easy to automatically find someone who is already serving time guilty of a new crime. But even prisoners should be afforded the same consistency, respect, and dignity as the general public.”

“I appreciate the jury’s verdict and the Judge’s sentence of 25 years,” says DA Evans. “It sends a clear message that Freestone County stands behind our public servants. I want to thank all of the employees at TDCJ for their help with this case.”

Green’s six-year sentence will be finished in 2021, at which time his new sentence of twenty-five years will begin. He is currently housed at the TDCJ Polunsky Unit in Livingston, Texas.

CO Rossiaky remains an officer at the TDCJ Boyd Unit at this time.