Beating death lawsuit ends in settlement

A settlement agreement has been reached in the Willacy County civil case involving the prison firm Wackenhut Corrections Corp., known as the GEO Group, and Warden David Forrest in the beating death of Gregorio de la Rosa Jr. of Laredo.

The de la Rosa’s case involves one of the largest wrongful death judgments in the country. The judgment was in excess of $40 million.

The monetary settlement reached between the private prison group, former warden, insurers and de la Rosa’s family is being kept confidential, however.

"I am pleased to have brought justice to the de la Rosa family and am honored to have made a positive contribution to Texas law for the future protection of our people," said Laredo attorney Ron Rodriguez, who represented the de la Rosa family.

Attorney David Oliveira of Roerig Oliveira & Fisher LLP, who represented the prison firm and warden, was not immediately available for comment.

The agreement follows a scathing opinion that the Thirteenth Court of Appeals issued in April.

The appellate court rebuked the prison firm and warden, and affirmed the 2006 civil judgment that a Willacy County jury returned in excess of $40 million against the prison firm and Forrest for negligently causing de la Rosa Jr.’s death.

De la Rosa, according to the opinion, was beaten to death while prison officials first watched and later tried to cover up by losing and destroying evidence.

"We find that Wackenhut’s conduct was clearly reprehensible and, frankly, constituted a disgusting display of disrespect for the welfare of others and for this state’s civil justice system," the appellate court noted in its opinion.

A few days before de la Rosa’s expected release from the Raymondville facility, two inmates beat the 33-year-old man to death on April 26, 2001.

The inmates used a lock tied to a sock while "Wackenhut’s officers stood by and watched and Wackenhut’s wardens smirked and laughed," the opinion observed.

The appellate court reduced the 2006 judgment from $47.5 million to $42.5 million because one of de la Rosa’s family members had passed away.

The appellate court noted that the case supported the award of punitive damages, "given the horrific facts of this case, including Wackenhut’s malicious and grossly negligent conduct, the gruesome manner in which Gregorio was killed, and Wackenhut’s behavior in attempting to cover up its liability . . ."

The court also noted that its sense of justice was offended by Wackenhut’s conduct "in maliciously causing Gregorio’s death" and destroying critical evidence.

De la Rosa Jr., an honorably discharged former national guardsman, had been serving a six-month sentence for possession of less than one-fourth gram of cocaine.

The settlement agreement reached early this month concludes the litigation.