Following jail escape, San Benito sheriff addresses community concerns 

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After Daniel Lopez Zavala escaped from San Benito County Jail on May 28, community members raised questions about the facility’s security and staffing levels, as well as concerns about special treatment of certain inmates. 

In addition to capturing Lopez Zavala, 38, on May 29 San Benito County sheriff’s deputies also arrested his girlfriend Luz Mendoza, 31, Katrina Folsom, 39, and Jose Perez-Gutierrez, 30, for aiding and abetting Lopez Zavala. 

Community members questioned on social media why an inmate was working at 2 a.m., why someone with an extensive record of violence was allowed in the work program, and whether inmates get preferential treatment if they are connected with staff. 

In various press conferences and in interviews with BenitoLink, Sheriff Eric Taylor said an internal audit is being conducted to determine how Lopez Zavala managed to escape the jail which, according to the county’s website, includes maximum- and medium-security modules. 

“I want to reemphasize our commitment to take a really hard internal look at our correctional facility and find out what facts and circumstances there are that led to this breakdown occurring to where this male was able to be in a position to escape our custody,” Taylor said in a May 30 press conference.

He added that if the audit finds there was maleficence by staff, whoever is responsible will be held accountable.

“It could be a breakdown of staffing,” Taylor said. “It could be poor work performance. There could be issues with the physical plan that we need to look at. All options are on the table and I’m not going to rule out any criminal liability on anybody’s part.”

In regards to staffing, Taylor noted on May 28 what he described as the understaffing of his office, with two patrol deputies on duty the night of the escape and one person in the security room overseeing two facilities. He later clarified he did not know if understaffing was a factor in the escape, but that it is an issue he has brought up throughout his term.

Taylor’s comments about staffing did not sit well with San Benito County Supervisor Kollin Kosmicki.

“I thought that that was premature on the sheriff’s part,” Kosmicki said. “I think he’s backtracked to an extent since then but that was obviously directed at the county board [of supervisors] and I’ve reiterated over and over again that if you’ve gone through budget hearings and have seen us go through the budget process, we’ve been extremely supportive of the sheriff’s office by far, more than any other department in the county.”

Citing budget documents, Kosmicki previously told BenitoLink that the county funded 79 positions in fiscal year 2023-24, an increase of 17 positions over the past five years. He said corrections positions increased from 29 to 37.5 in the same time period.

“It can’t be lost in all of this that we currently have eight funded, approved positions at the jail that are vacant,” Kosmicki said. “So, frankly, I don’t understand the talk about staffing levels.” 

He told BenitoLink that he would not support adding more positions until the sheriff fills the vacancies.

Supervisor Angela Curro told BenitoLink that the Board of Supervisors has heard the sheriff’s concerns and request for additional staffing at the jail during the budget meeting. She added the sheriff, human resources and staff have been working to present options to the board at the next budget meeting.

“Keeping our community safe is of the utmost importance to myself and the Board of Supervisors,” Curro said. “Together we will find a solution and a strategic path forward to support the sheriff and his team.”

The next budget hearing is scheduled for June 17 at 9 a.m.

Taylor told BenitoLink his office would consider the jail fully staffed if he could have three more correctional officers than what is budgeted, bringing the total to 29, and hire non-sworn staff [civilian employees] to run the control room and complete other daily tasks.

He said he currently has 19 correctional positions filled. Of those four are out on leave or absent because of injury, and an additional is moving to the police academy for a promotion. That leaves him with 14 staff for the jail.

Sgt. Raul Castaneda conducting a round in the San Benito County Jail. Noe Magaña.

He said his plan is to have 12 non-sworn staff working in the jail to free up correctional officers.

“Right now we hire a correctional officer and we have them do a bunch of stuff that is really outside of their job description,” Taylor said. “And we are trying to put the correctional officers to do the job they are hired for, which is oversight of the inmates of our jail. That’s it.”

He said rather than doing transportation, housing and classification they are also running programs, the security cameras in the control rooms, and entering warrants.

“That pulls them off the floor, which I think leaves us exposed,” Taylor said. 

Commander Tom Corral, who oversees the jail, said the average daily population at the jail is 100 inmates.

Taylor said he is also facing the same challenge for his patrol team, which has 19 filled positions. Of those deputies, nine are either assigned to a school, San Juan Bautista, county jail, the court, or on medical leave. That leaves 10 deputies for patrol, he said.

Taylor said while the office has ongoing recruitment efforts such as going to fairs and academies, he finds the pay and benefits are too low to attract candidates. 

Corral said he has received over 100 applicants since November. Of those three have been hired and currently 11 out of 12 that passed the initial testing are going through the background check process. 

He added that one of the officers he hired quit within two weeks.

When asked what he looks for in candidates, he said someone who has integrity, is responsible and dependable because he needs officers he can trust to make the right decisions. 

Looking at what the board has funded and available funding, Kosmicki said he believes the county should not be looking at staffing levels, but at what needs to be fixed.

“If we want to add more positions at the jail that means we have to cut somewhere else,” Kosmicki said. “That’s the bottom line.

Staff connections

In response to community concerns about inmates receiving preferential treatment if staff are related to them or the victim’s family, Taylor said it is common throughout the state for law enforcement to deal with cases that involve relatives or friends in some way. 

“We hold them to the ethical standards of treating everybody the same,” Taylor said about his staff.

Sgt. Raul Castaneda conducting a round in the San Benito County Jail. Noe Magaña.

In potential conflict-of-interest situations, he said, staff do not have direct control over a case, do not have access to reports, or involvement in the movement of people in custody.

For deputies, they may respond to calls involving friends or family if no one else is available, but they are removed “as fast as possible.” For correctional officers, Taylor said, they don’t have oversight over relatives or friends and try to limit contact, noting there are cameras all over the jail except for the shower and restrooms, in addition to the officers’ body cameras.

He said another routine option is housing inmates with relatives working at the jail in neighboring jails.

“Keeping an eye on the staff and making sure there is no preferential treatment and there are no conflicting relationships is a big part of the management of the jail,” Taylor said. “We have the same concern as the community to make sure that never happens.”

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