Gary Watland killed a fellow inmate amid a struggle between white supremacist gangs seeking to control the yard at a federal prison in Florence, according to a court document.
Watland’s lawyers last week filed a motion to dismiss his indictment in the murder of Mark Baker, a member of the Nazi Low Riders prison gang, saying the government destroyed videotaped footage of the prison yard taken Aug. 10, 2008, the day of Baker’s death.
U.S. Attorney’s Office spokesman Jeff Dorschner said Wednesday that prosecutors have not yet responded to the defense motion.
Prosecutors are seeking the death penalty for Watland.
Watland was doing life at the high-security penitentiary at Florence when he stabbed Baker to death as Baker sat playing cards. Two other white supremacists were assaulted on the same day, according to the motion.
It isn’t clear what was shown in the videotapes the defense claims the government destroyed.
During a 2011 court hearing, a lawyer for Watland said jurors would see videotape of Watland stabbing Baker multiple times, both while the victim was sitting and as he lay on the floor bleeding.
The stabbing happened less than four months after a brawl involving more than 200 inmates broke out when white supremacists celebrating Adolf Hitler’s birthday taunted black prisoners.
In the wake of the riot, 63 inmates were transferred from Florence, and another 350 inmates transferred into the prison, the motion said.
“Documents provided by the government … would support the conclusion that the Baker homicide occurred in the context of a power struggle regarding whether white supremacist gangs would control the yard at USP Florence following the shake-up in inmate population resulting from the inmate transfers,” according to the motion.
The attack on Baker was the third assault on Aug. 10, and all involved white supremacists and unaffiliated white prisoners, according to the document.
“Finally, between 2:55 and 2:59 p.m. … Mr. Watland, an unaffiliated white inmate, killed Mr. Baker, who was a member of the Nazi Low Riders,” according to the document.
Defense lawyers have told Senior U.S. District Judge John Kane that Watland is gay, according to a court transcript.
Around the time Baker was stabbed, Nazi Low Riders were trying to force another gay inmate at Florence off the yard, according to the transcript.
“He wouldn’t be allowed to recreate with the other inmates or, essentially, live in general population,” defense lawyer Gail Johnson told Kane, according to the August 2011 transcript.
Watland is now incarcerated at the federal supermax prison in Florence. He is expected to go to trial early next year.
Tom McGhee: 303-954-1671, tmcghee@denverpost.com or
