TYC forces out advocate for pepper spray

Assistant director had expanded use of controversial method

An architect of the Texas Youth Commission's controversial pepper-spray policy that landed the agency in court and drew national criticism was forced out Thursday.

Billy Humphrey, 39, a former state prison warden and 18-year corrections veteran who was an assistant director at TYC, resigned late in the afternoon, effective immediately, said agency spokesman Jim Hurley.

"He was asked to do so by the new conservator," Hurley said. "It was (because of) an assessment that Mr. Humphrey wasn't probably someone who was going to be needed to take us where we want to go.

"We appreciate his service to the state."

Humphrey was a top aide to Dimitria Pope, the agency's acting executive director, who approved the controversial "spray first" policy.

Conservator Richard Nedelkoff, who was appointed in December by Gov. Rick Perry, could not be reached for comment.

Humphrey also could not immediately be reached.

The resignation was the latest administrative change to hit the agency that oversees state juvenile corrections programs.

Last spring, the top management was replaced amid allegations that incarcerated teens were sexually molested by employees and that little was done to stop the abuse.

Humphrey was among several officials who were brought in to rebuild the troubled agency. As deputy director for residential services, he was responsible for lockups, halfway houses and contract-care centers.

Humphrey soon clashed with juvenile corrections experts over expanding the use of pepper spray to control unruly youths and for allegedly retaliating against employees who complained about violations of youths' rights.

He and Pope were the chief defenders of the expanded use of pepper spray, which they insisted was needed to reduce injuries to both youths and staff.

In July, Humphrey instructed TYC employees to begin using pepper spray before physical restraint, contrary to a long-standing policy. Pope issued a directive on Aug. 2 affirming his order.

In September, two advocacy groups filed suit in Travis County on behalf of three youths, alleging that the practice is illegal.

Two weeks later, the agency agreed to suspend Pope's directive.

Within weeks, advocates filed to reopen the case, alleging that the agency had not complied with the earlier agreement. They alleged that Humphrey had issued a memo hinting that the change should be ignored.

At a November court hearing, witnesses said incarcerated teens were getting sprayed by guards when they refused routine orders and while on suicide watch, not just when they posed a threat.

In October, Teresa Stroud, superintendent at the Brownwood lockup, filed a grievance alleging that Humphrey had retaliated against those who questioned his decisions.