Misdemeanor charges are set to be dismissed against three prison guards who allegedly assaulted an incarcerated man at Garner Correctional Institution.
A Danbury Superior Court judge recently accepted requests to place the three men into an accelerated rehabilitation program, a pretrial diversionary program for people facing first-time, low-level offenses that allows for criminal charges to be dropped after defendants serve a period of probation.
The three guards pleaded not guilty last year to assaulting a man at Garner, a high-security prison located in Newtown. Their case records are now sealed; however audio recordings reviewed by Connecticut Public describe the judge’s rulings.
Police said previously that correctional officer Anthony Marlak punched an incarcerated man who was making verbal threats.
Speaking in court in October, Danbury State's Attorney David R. Applegate said the victim provoked prison guards prior to the alleged assault. Marlak “lost his temper a bit too quickly,” and threw punches at the man’s midsection “after the victim had clearly put his hands up,” Applegate said.
“I believe that it's the type of job, much like being a police officer, where you have to have a very thick skin to being provoked,” Applegate said.
Marlak’s lawyer said in court that Marlak is a 20-year military veteran who was trying to protect another correctional officer who was being threatened.
Danbury Superior Court Judge Charles M. Stango ordered Marlak to perform 100 hours of community service and serve two years on probation, the maximum term provided in the accelerated rehabilitation program. Stango said during the hearing that Marlak should have known better.
“You of the three were the instigator here,” he said. “You were the one that actually threw punches.”
Prison officials said Marlak retired from the Department of Correction in April. Efforts to contact him and his lawyer were unsuccessful.
The judge ordered two other guards, Joshua Johnson and Patrick McGoldrick, to serve six months of probation and perform 25 hours of community service, after which the charges against them will be dismissed.
Johnson allegedly punched the inmate during the alleged assault in 2023, and McGoldrick was accused of kicking the prisoner while he was on the floor, according to police records filed in court.
Applegate, the state’s attorney, said during the October hearing that the two correctional officers may not have known how the altercation started when they rushed to assist.
“They see what looks like a fight break out between one of their colleagues, another corrections officer, and an inmate,” he said, “and it may not have dawned on them that their colleague threw the first punch.”
“The idea that they would rush to the aid of another corrections officer, in a lot of ways, is what they were supposed to be doing,” he continued. “So we're holding them to a really high standard there in a split second decision that they had to make.”
Applegate said he spoke with the victim, who agreed the pretrial diversion program was an appropriate resolution for all three guards.
During his hearing, Johnson thanked the judge for his compassion.
“It’s a huge learning experience, for sure,” he said.
McGoldrick’s attorney, Greg Cerritelli, told Connecticut Public his client is satisfied with the judge’s decision.
“He’s grateful that this will result in a dismissal,” Cerritelli said. “I think given all the circumstances this was probably the best result.”
McGoldrick’s father and several of his former co-workers spoke on McGoldrick’s behalf during the hearing. One said he has known McGoldrick for six years, and described him as “a man of courage and kindness.”
McGoldrick’s father said his son is a devoted husband and father who served in the military, and previously volunteered to be deployed overseas.
All three guards were placed on paid administrative leave after the 2023 incident. Prison officials said Marlak and McGoldrick are no longer employed by the Department of Correction.
The department restored Johnson to his position at Garner in June after an extensive administrative review, according to his lawyer. He and McGoldrick are scheduled to return to court in April 2025 after finishing probation. Marlak is scheduled to return in October 2026.