Citrus: State: Yes, guard had sex, should lose job

State: Yes, guard had sex, should lose job

An inquiry supports the actions of the Cypress Creek staff, who suspended and then fired the juvenile justice guard.

By CARRIE JOHNSON, Times Staff Writer

An inquiry supports the actions of the Cypress Creek staff, who suspended and then fired the juvenile justice guard.

LECANTO -- A state investigation released Wednesday confirmed what officials at Cypress Creek Correctional Facility already suspected: A 31-year-old female guard engaged in improper sexual activity with a 19-year-old male inmate.

The guard, Deritha Barth, was suspended after the Jan. 12 incident, when two other guards said they spotted Barth through a window kneeling on the inmate's bed without pants. She was fired a few days later.

Because the inmate was older than 18 and the alleged act appeared to be consensual, Barth was not arrested. But the Florida Department of Law Enforcement is investigating the case and plans to submit a report to the State Attorney's Office, said Assistant State Attorney Lisa Herndon.

Under state law, a juvenile justice employee who has sexual contact with an inmate, regardless of the inmate's age, is guilty of sexual misconduct, a second-degree felony.

Barth's telephone was out of service. Eric Gallon, the administrator at Cypress Creek, did not return several calls seeking comment.

The state's report was prepared by the investigative arm of the Department of Juvenile Justice: the Inspector General's Office. While it revealed little new information, the report provided details of the events that led to the discovery of the alleged misconduct.

Here's what happened, according to the report:

Barth was monitoring the inmate's dorm that day with another guard, Tammie Murphy. Murphy told investigators she became concerned because she saw Barth go into the inmate's room alone several times, which is against Department of Juvenile Justice policy.

Murphy's suspicions grew when Barth encouraged her to take a 15-minute break and leave the area.

It was "kind of strange 'cause the way she was trying to stress it to me and it was like she was trying to get me out of the dorm for a reason," Murphy told investigators.

Murphy alerted her supervisor, Derrick Solomon, about 2 p.m. Solomon headed to the inmate's room to confront the pair, but Murphy stopped him because other inmates were standing watch outside the door, alerting Barth when others entered the dorm.

Solomon opted to check the perimeter instead and brought guard Anthony Roberts as a witness.

Roberts and Solomon told investigators that they saw Barth and the inmate in a sexually compromising position.

"As I walked toward the window I saw Ms. Barth on his bunk," Solomon said. He said the guard and inmate appeared to be having sex.

Solomon notified his supervisors and Barth was immediately suspended, according to the report. The Citrus County Sheriff's Office was also notified.

Barth refused to be interviewed for the inspector general's report but issued a brief statement through her attorney, Wes Bradshaw: "Ms. Barth categorically denies any and all allegations against her with regard to any type of sexual act or misconduct between her and any youthful offender."

The report also said Barth provided improper supervision because she left several inmates unattended while in the 19-year-old's room.

The Cypress Creek staff acted properly by taking immediate action, said Carolyn Floyd, the department's regional director of residential programs in northeast Florida.

"There are policies and procedures in place to prevent this type of thing from happening," she said. "Most of the staff seems to recognize that."

This is not the first time the facility, which houses up to 96 of the state's most hard-core male juvenile offenders, has struggled with charges of sexual misconduct.

In 1999, a 38-year-old Cypress Creek guard was fired for having a sexual relationship with an 18-year-old inmate. She eventually was found guilty of sexual misconduct.

According to court testimony, Ruth J. Ingleston had sex with the inmate at least twice in November 1998, gave him a pair of Reebok sneakers and had his nickname tattooed over her left breast.

Ingleston was sentenced to 25 1/2 months in prison for the crime.

-- Crime reporter Carrie Johnson can be reached at 860-7309 or cjohnson@sptimes.com.