DA probing allegations of violence in county lockup aimed at son of ‘OC Housewife’

The Orange County District Attorney’s Office confirmed Wednesday that it is looking into new allegations of violence behind bars aimed at the son of a former “Real Housewives of Orange County” cast member who helped uncover the illegal recording of jailhouse attorney-client phone calls.

Among the incidents being probed by the DA’s office is the alleged pepper spraying by deputies of a jail holding area housing Josh Waring, as well as a recent, violent attack against Waring by another inmate.

Three deputies invoked their Fifth Amendment right against self-incrimination during court testimony on Wednesday when they were asked about the incidents. Two other deputies were also subpoenaed and ordered to appear in court, but did not have time to testify before the hearing ended for the day.

Waring alleges that jailhouse deputies have been either unable or unwilling to protect him from attacks at the Central Jail Complex in Santa Ana, and is asking an Orange County Superior Court judge to either lower his $1 million bail or release him on his own recognizance as he awaits trial on attempted murder charges.

In June 2018, two deputies entered a jail module where Waring and other inmates were sleeping and fired off pepper balls.

More than a year later, on Oct. 9, Waring was attacked by an inmate wielding a blade in a “total separation” jail housing area where inmates are supposed to be kept apart from each other. The attack – which according to Waring’s attorney was carried out by an inmate who hid behind stairs and pounced on Waring – resulted in wounds that required 20 staples.

During a court hearing on Wednesday morning, Senior Deputy District Attorney Cindy Nichols informed Superior Court Judge Jonathan Fish and Waring’s attorney, Joel Garson, that the allegations have been referred to the special prosecutions unit to see if any criminal conduct occurred. The special prosecutions unit operates independently from the DA unit that is handling the attempted murder case against Waring.

Prosecutors allege that Waring shot and seriously injured a man outside a Costa Mesa sober living home in 2016. He has denied playing any role in the shooting, claiming that another man carried it out, and accusing authorities of trying to sabotage his case by listening to his jailhouse phone conversations.

As part of Waring’s case, Garson has uncovered that at least 34,000 recording of attorney-client calls – whose confidentiality is enshrined under the law – were made by the jail’s phone vendor. Court hearings related to the jail call revelations have included testimony by both deputies and supervisors.

After Wednesday’s hearing, Garson alleged that deputies are retaliating against Waring for his role in the jail phone controversy by “setting him up” for vicious attacks by other inmates.

“I think they are after him, and they have been for a long time,” Garson said. “At this point we are focused on his safety and his ability to go to trial alive.”

Association of Orange County Deputy Sheriffs President Tom Dominguez said the deputies union “respects that the district attorney is looking into” the claims made by Waring and his attorney.

“We know that the district attorney has a duty to make inquiries and the deputies, like all citizens, have constitutional rights while this process unfolds,” Dominguez said. “We are confident that this process will end fairly.”

The Orange County Sheriff’s Department conducted an internal criminal investigation into the pepper ball incident shortly after it occurred, placing two employees on administrative leave until the DA’s office decided not to file criminal charges, said Carrie Braun, an Orange County Sheriff’s Department spokeswoman.

The sheriff’s department’s investigation into the attack on Waring by the other inmate is ongoing, Braun said, but no employees have been placed on leave.

“The safety and security of inmates in our custody is our primary responsibility as a sheriff’s department,” Braun said.

The DA’s office is revisiting the once-closed investigation into the pepper ball incident in light of the subsequent allegations made by Waring, DA spokeswoman Kimberly Edds said.

The next hearing in the case is set for Nov. 13, when the two deputies who didn’t testify on Wednesday are expected to take the stand. The judge also ordered a sheriff’s records supervisor to attend the hearing, to explain why records related to the criminal investigation weren’t handed over sooner, and to confirm that there are no other records or recordings that haven’t been provided to the court.

City News Service contributed to this report.