Victim’s sister forgives killers
Albuquerque Journal
By Scott Sandlin / Journal Staff WriterUPDATED: Tuesday, June 3, 2014 at 10:23 pm
PUBLISHED: Tuesday, June 3, 2014 at 1:27 pm
A community resource for monitoring, navigating, surviving, and dismantling the prison industrial complex in Arizona.
Private Prison Blamed for Two Murders
By JAMIE ROSS
Courthouse News
Tuesday, September 14, 2010
Last Update: 6:40 AM PT
PHOENIX (CN) - The Arizona prison breakout that led to the killing of two campers was caused by "lax procedures and incompetent management" of the private prison operator in Kingman, the mother of one of the victims says. Vivian Haas, whose son, Gary and his wife were shot to death, claims that Management and Training Corp. admitted in an Aug. 13 letter its responsibility for the escapes, and that the circumstances "were shocking and egregious."
Haas claims that one of the escaped inmates, John McCluskey, killed her son and his wife in New Mexico in the days after the escape. Haas says the private prison operator "had duties to protect the general public in employing proper incarceration policies and procedures to assure that violent offenders stayed locked up and away from the general public."
McCluskey was sentenced to 15 years in 2009 for attempted second-degree murder, aggravated assault, and discharge of a firearm, and was sent to the private prison, according to the complaint. His fellow escapee Tracy Province was sentenced in 2009 for murder and robbery, and escapee Daniel Renwick was sentenced to two 22-year sentences for second-degree murder, the complaint states.
On July 30, McCluskey, Province, and Renwick escaped from the Kingman prison through a door wedged open by a rock, "climbing one improperly protected fence, hiding behind an inappropriate building in 'no-man's land,' and cutting through the wire of a second chain link fence," according to the complaint.
Haas says that Management and Training Corp.'s officers failed to check an alarm that sounded when the men cut through one of two security fences surrounding the prison. She says the alarm system set off false alarms so often that the guards ignored them.
Haas adds that the "perimeter fencing was substandard," and that patrols of the perimeter "were scattershot at best." Light poles around the prison were routinely burned out, and "intrusions by outsiders near the fence perimeters were common."
On Aug. 2, McCluskey and Province, allegedly with help from Casslyn M. Welch, "confronted" Gary and Linda Haas while they were "in or near their pickup truck towing a camping trailer." Gary and Linda Haas were traveling from Oklahoma to Colorado.
McCluskey and Province ordered Gary and Linda Haas into the truck, and forced Gary to drive to the west, his mother says. McCluskey directed Gary to leave the highway and drive to a secluded area, then took the couple into the camping trailer and "brutally shot them, killing each of them," Haas says.
McCluskey, Province, and Welch then allegedly drove the camper on the highway until they noticed blood leaking out of the trailer door. The escapees and accomplice "drove to a remote location, disconnected the trailer and intentionally set fire to the trailer with the bodies of Gary and Linda Haas still inside," according to the complaint.
Haas says the escapees abandoned the stolen truck in Albuquerque. Province was captured on Aug. 9 in Meeteetse, Wyo. McCluskey and Welch were captured on Aug. 19 in the Apache-Sitgreaves National Forest.
On March 22, 2004, the Arizona Department of Corrections awarded a contract to Management and Training Corp. to operate the private prison which was "designed and constructed for 1,100 minimum security beds and 300 medium security beds to house DUI inmates," according to the complaint.
Haas seeks punitive damages for negligence and recklessness. She is represented by Christopher Zachar.
Arizona prison escape, killings prompt lawsuit
by JJ Hensley - Sept. 3, 2010 10:20 AM
The Arizona Republic
The first legal action in the Arizona prison breakout that led to the killing of two campers has been filed against the state and the operator of the private prison.
Vivian Haas, the mother of murder victim Gary Haas, filed a $10 million claim against Arizona and a wrongful death lawsuit against Management Training Corp., the company that operates the private prison near Kingman where three fugitives escaped on July 30.
The notice of claim is a required precursor to a lawsuit.
Police believe one of those escaped inmates, John McCluskey, murdered Gary Haas and his wife, Linda, near Santa Rosa, N.M. in the days following the escape as the fugitives grew weary of traveling in a car and targeted the Haas' for their camping trailer.
The escape led to a nationwide manhunt that stretched from Arizona to the Canada border.
The claim against Arizona notes the state's failure to maintain custody of the inmates, to properly train and supervise personnel at the prison and to promptly notify law enforcement officials in the area after the escape.
"I have conveyed my condolences to the Haas family and friends, however, I cannot comment on pending litigation," Department of Corrections Director Charles Ryan said in a statement.
Management Training Corp. could not be immediately reached for comment.
Reviews of the July 30 incident have painted the picture of a prison where detention officers became lackadaisical and predictable in their movements and where equipment failures- including false alarms- were so common that they were frequently ignored.
Detention officers failed to check an alarm that sounded when McCluskey, Tracy Province and Daniel Renwick cut through one of two security fences ringing the privately run prison near Kingman.
Investigators have said McCluskey's fiancée, Casslyn Welch, threw cutting tools over the fence to the men who snipped through chain link and barbed wire to flee into the desert.
It was more than two hours before staff at the private prison notified the state corrections officials of the escape.
By then, Renwick was making his way north to Colorado while McCluskey, Province and Welch were on their way to hijacking a truck near Kingman and forced the drivers to take them to Flagstaff.
Renwick was captured two days after the escape after he exchanged gunfire with police in Colorado.
After allegedly receiving help from relatives in Arizona, McCluskey, Province and Welch made their way east, ultimately ending up at a rest stop in New Mexico where, according to statements Province gave investigators, they saw 61-year-old Gary and Linda Haas, an Oklahoma couple taking an annual camping trip.
After days on the road in a cramped sedan, the fugitives decided to target travelers with a camping trailer and the Haas' fit the bill.
Province told investigators that he and McCluskey forced the couple into their truck at gunpoint while Welch followed behind. They all ended up in a remote area near Santa Rosa where McCluskey shot the Haas' in their trailer, according to court documents.
The fugitives set fire to the trailer in an effort to hide the evidence. A rancher discovered the burned trailer on Aug. 4.
The trio continued to evade authorities for days after the bodies were discovered.
Province was arrested in Wyoming on Aug. 9 and was carrying a backpack and 9mm gun, both of which he said were taken from the Haas'.
McCluskey and Welch were arrested in Apache County on Aug. 19.
Federal authorities last week filed murder charges against McCluskey, Welch and Province in New Mexico.
The three remain in a Mohave County jail on $1 million bond waiting to face charges there and ultimately extradition to New Mexico.