Ex-guard clarifies 'assault'
Convicted of having sex while on duty, he wants it known that he'd been dating the inmate before she was jailed.
By Trevor Maxwell tmaxwell@mainetoday.com
Staff Writer
PORTLAND — Gerald "Jay" Gilbert says he knows he made the biggest mistake of his life earlier this year -- one that cost him his dream job and landed the former jail guard behind bars himself.
The 41-year-old South Portland resident pleaded guilty last month to misdemeanor assault.
The conviction stemmed from an investigation that found Gilbert had sex with a female inmate while he was on duty at the Cumberland County Jail. He reported for a two-month sentence on July 16 at the York County Jail.
But while Gilbert admits he was wrong to have had sex while he was working as a corrections officer, he wants the public to know that his case was not as simple as it appeared in court records and media reports.
Gilbert said he had been involved in a romantic relationship with the 32-year-old inmate, Sarah Tsika, for several months before she was sent to jail in late December 2009. He hoped they would someday get married and have children.
This was not a case of a jail guard abusing his authority for sexual favors, Gilbert said in an interview earlier this month.
"I was in love," he said. "I used poor judgment. Sometimes you don't think, you just act."
J.P. DeGrinney, Gilbert's attorney, said he was frustrated that Gilbert's prior relationship with Tsika was not mentioned in a press conference held by the Cumberland County Sheriff's Office or in a press release issued by the District Attorney's Office. Officials should have made clear that Gilbert was not preying on random inmates, DeGrinney said. He said Tsika did not initiate a complaint against Gilbert and she did not want him to be prosecuted.
"There's a context that has to be given here," DeGrinney said.
Tsika, who is now serving a three-year sentence at the Maine Correctional Center in Windham, did not respond to a request to be interviewed.
Stephanie Anderson, district attorney for Cumberland County, said she does not dispute Gilbert's claim that he had been involved with Tsika, but that did not have a significant impact on the plea bargain her office reached with DeGrinney. She did not feel there was any reason to include background details in her press release.
"I don't think it was dishonest or misleading," Anderson said. "We just wanted to issue a short, factual statement on the disposition."
Sheriff Mark Dion also said he did not need to publicly describe the relationship between Gilbert and Tsika. Under Maine law, it is a crime for anyone in authority at a jail or prison to have sex with a person who is in custody, regardless of the circumstances, he said. Similar laws apply to other categories of workers, such as teachers, camp administrators and staffers, social workers and psychologists.
"His assertion about having a relationship, that's fine, but when they walk through the door it just changes, there is no way to avoid that," Dion said. If Gilbert had a temptation to have contact with the inmate, he should have told his superiors that he could not guard that pod, the sheriff said.
"It is a sad case, but he created this," Dion said.
Gilbert was hired at the jail in 2007. He said he hoped to keep the job until he could retire.
In the spring of 2009, Tsika, who had served time in the jail earlier that year, showed up on the jail grounds and asked Gilbert for his phone number, he said.
"I was kind of naive, thinking she was out and not on probation, and that we could have a relationship," said Gilbert. He said he was going through a bitter divorce. "The chemistry was just there (with Tsika), and it was great," Gilbert said.
He met Tsika's children and visited her parents with her. Gilbert recalled taking long walks with her and holding hands.
Gilbert said he learned at some point in 2009 that Tsika was still in the probation system, so he was not supposed to date her. He said he cut down his contact with her, but continued the relationship. Gilbert said the last time he saw Tsika outside of jail was Dec. 23, 2009, when he gave her some money to buy Christmas presents for her children.
Tsika was arrested a few days later on several charges, including robbery. She was housed in her own cell in the women's maximum-security pod at the jail, Gilbert said. He said he picked up some overtime shifts just so he could see her. Gilbert said he was still in love and he saved the love letters she wrote to him and passed underneath her cell door.
Although he knew that it was against the law, Gilbert said he had sex with Tsika on two occasions inside the cell, where there are no surveillance cameras.
His misconduct came to light during the internal investigation of another guard, Toby Post of West Gardiner. Post was observed taking prescription opiates into the jail. The investigation revealed that Post intended to give the drugs to Tsika, and that Post also had sexual contact with her.
Post pleaded guilty to assault and trafficking in prison contraband. He was sentenced to one year in jail.
Gilbert said he never brought drugs into the jail and he was "crushed" to learn that Tsika was involved with another corrections officer.
"I got played," Gilbert said.
After the criminal investigation, Gilbert was indicted on two felony counts of gross sexual assault. If he had been convicted on those charges, he would have been required to register for life as a sex offender, and could have been sentenced to up to 10 years in prison.
DeGrinney negotiated with Assistant District Attorney Angela Cannon.
Anderson, the district attorney, said the biggest concern for the prosecution was that they did not believe Tsika was reliable. Also, Tsika told prosecutors she "did not want Jay to get into trouble," Anderson said.
"We did recognize that there probably wasn't the typical abuse of authority," she said. "We were concerned, obviously, that the prior relationship that Gilbert had with the inmate made this an unusual case."
Judge Paul Eggert signed off on a plea agreement. Gilbert would plead guilty to a simple assault charge, and he would serve 60 days for having "offensive physical contact" with Tsika. DeGrinney said he took the deal because he could not risk a felony conviction if the case had gone to trial. The sentence was announced July 2 in a press release from the District Attorney's Office.
DeGrinney said an inaccurate headline that appeared in The Portland Press Herald and the newspaper's website, indicating that Gilbert was convicted of a sex crime, jeopardized Gilbert's safety in the jail and his ability to get a job after he gets out. The Press Herald published a correction.
"For people to think he's guilty of a sex crime, or that he is some type of violent predator, is completely unfair," DeGrinney said. "Jay is not a threat to anybody."
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:
tmaxwell@pressherald.com
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33 COMMENTS
UofA said...
BS! This idiot knew what he was doing and got away with some booty and 60 days. Will probably serve a week and hasn't even changed out of his civilian clothes.
July 26, 2010 at 5:33 AM Report abuse
Mari said...
It is amazing to me what a man will do for sex and the great things he jeopardizes when he is tempted. It is the root of much evil, putting it bluntly. Sex is ok when it is not breaking the law, betraying loved ones, and not just a selfish satisfying act(unless it is a mutual agreement).
July 26, 2010 at 6:19 AM Report abuse
scrabblemck said...
What a dupe.
July 26, 2010 at 6:50 AM Report abuse
punk51 said...
how sweet...prison guard in love with inmate so why not have sex...stupid stupid stupid man---guess he'll learn a new meaning of professional behind bars...
July 26, 2010 at 7:32 AM Report abuse
Headsup said...
So what's the problem?!
July 26, 2010 at 7:58 AM Report abuse
Mediabias said...
This guy is a moron and is lucky to get the deal he got. She sounds like a real winner herself. I can see allure...
July 26, 2010 at 8:03 AM Report abuse
justamutt said...
If Post brought drugs and recieved sex for it, why was Tsika not charged with prostitution?
July 26, 2010 at 8:08 AM Report abuse
DuaneL said...
It must be nice to be so pure and clean that one can't understand relationships. This is right out of Danielle Steele and she makes millions selling the stories.
July 26, 2010 at 8:09 AM Report abuse
SoPoYo said...
Boo Hoo... Poor Jay.... NOT!! Long walks holding hands? Seriously!?!?
July 26, 2010 at 8:19 AM Report abuse
starbright2 said...
she musta made him hawny
July 26, 2010 at 8:22 AM Report abuse
XPortlander said...
Hey, Clinton kept his job.....
July 26, 2010 at 8:34 AM Report abuse
Aldon said...
Is it possible that the COs at the jail are not the most insightful people on eart?.Long wals on the beach, candlelight dinners, the poetry of Dick, Jane and Sally and a bag of smack? Hire someone who can fog a mirror, Mark!
July 26, 2010 at 9:18 AM Report abuse
mdenis46 said...
This information helps to explain the case, but it does not release him from responsibility in the case. Based on more information about her, maybe he's better off without her...
July 26, 2010 at 9:20 AM Report abuse
jake007 said...
XPortlander....LOL
July 26, 2010 at 9:31 AM Report abuse
mtc said...
so I am glad this is cleared up. This fellow isn't a creep but an idiot
July 26, 2010 at 9:47 AM Report abuse
portlandgirl said...
She knew where she was going. she had all her cards in a row...meet a guard, get in good with him,etc. And maybe her husband found out about all of it and set her up along with Post.
July 26, 2010 at 11:11 AM Report abuse
Jack said...
HAHAhaha! Good story. Hoisted on his own petard.How incredibly stupid can you get? Going through a divorce? Dig a hole and do not emerge for two years when you are thinking straight.She was schelping the two of them. Any port in a storm. What a scag.
July 26, 2010 at 11:31 AM Report abuse
bebopredux said...
Gee, we can finally sleep at night knowing this guy is behind bars now.
July 26, 2010 at 11:45 AM Report abuse
mutt said...
Man this is a much better story!!! Why wasn't this reported firts time around!!???h wait it's the PPH all they print is what the cops and da give them. She sounds like quite the catch!!LOL Thats quite the career aspiration too. Doesn't sound like much is keeping the guards from becoming the prisoners!!
July 26, 2010 at 11:50 AM Report abuse
bubbagump said...
WTF I almost choked on my cereal laughing. Hardy har har!
July 26, 2010 at 12:20 PM Report abuse
NH said...
Really, what needs to be said about this that everyone doesn't already know (except the guy in jail).
July 26, 2010 at 1:08 PM Report abuse
Obamination said...
Tsicka and Tsicko !
July 26, 2010 at 1:17 PM Report abuse
fakename said...
Sounds like the guards aren't much better than the prisoners.
July 26, 2010 at 2:23 PM Report abuse
Ym9ybmN5bmlj said...
Comedy relief for start of the work-week. What a dope. What sort of screening/testing does the state perform for those jobs? jeez.
July 26, 2010 at 2:24 PM Report abuse
R0lMTFo%3D said...
I SEE, This makes a lot more sense to me now. I just couldn't understand why a guard would be tempted to have a relationship with an inmate. I read all the comments here and all I have to say is Jay has taken responability for his actions and the deal he got was good for all involved. Hope everything works out for him...
July 26, 2010 at 3:20 PM Report abuse
1bright1 said...
"Gerald "Jay" Gilbert says he knows he made the biggest mistake of his life earlier this year -- one that cost him his dream job and landed the former jail guard behind bars himself."While I'm not saying there anything wrong with being a guard, if that's your dream job, you've got serious issues.
July 26, 2010 at 3:26 PM Report abuse
henryelm said...
I don't know which is stupider: this guy thinking this "clarification" some how makes it " better" or the PPH printing the "clarification". Dufus, you met the woman IN jail, then you dated her, then she went back to jail... that makes your judgment questionable and you, well not the brightest bulb in the pack. Is that what you wanted "clarified"??
July 26, 2010 at 3:44 PM Report abuse
bess said...
It is a dream job for guys that like to watch naked females take showers.If this female is the best these two guys can get for a little whoopie. JEEZZ it not even worth saying anything else.
July 26, 2010 at 6:07 PM Report abuse
Dahlia said...
Where is this loser's picture? All the other criminals have their pics in the paper. And people say law enforcement don't have their own rules nor do they get any special breaks. I guess they do if they have buddies in the press...
July 27, 2010 at 8:05 AM Report abuse
null said...
I don't know what is worse, the fact that this guy actually thought this "Story" was going to make people feel bad for him or think of him any differently then a scumbag. Or that fact you wasted your time interviewing him and printing his "Story". Nice try Gerald. Obviously there is very little sympathy out there for you. The charges should have been of a sexual nature.. He is where he belongs and it should have been for longer.
July 27, 2010 at 10:45 AM Report abuse
cGhlcmFsZHN1a3M%3D said...
Really Press Herald? Geez Trevor, that's some story. You must be a proud complete idiot. The women in there are criminals. Ones who have drug addictions, emotional and psychological problems, and you're trying to clear the name of their babysitters. Drug addicts lie, prisoners cajole. Look up rehabilitation. The question should be how many of these icidents have and do occur. Basic criminal psychology should have kept this from happening, and MCC employees should be held to a higher standard of professionalism. Do an article on the shotcomings of our correctional systems, instead of reporting on what the inmates did or did not do. Are you kidding me. The Press Herald should be held in contempt when it allows such sensationalism. This woman is being rehabilitated. She is doing time for a crime. It's inneffable to me that someone would write this article, which attempts to clear the name of a complete and utter disgrace of a human being, let alone a corrections officer.Fire Trevor Maxwel
July 27, 2010 at 4:59 PM Report abuse
c3dlZXRwZWU%3D said...
Well lets remember, who runs the jail?? Oh yeah Major Breton, who has kids who frequent the jail, oh yeah the Major, wow, no brainer, lets make sure the officers treat those inmates with TLC.
July 27, 2010 at 9:00 PM Report abuse
c3dlZXRwZWU%3D said...
Hey lets all just go jump in the county vehicles and go to PARKERS and have a drink.. All is good..
July 27, 2010 at 9:33 PM Report abuse