An Orange County Superior Court judge Friday temporarily blocked a move to transfer the son of a former “Real Housewives of Orange County” cast member from the Santa Ana jail back to the custody of the Orange County Sheriff’s Department while he awaits trial on attempted murder charges.
Santa Ana jail officials want to evict Joshua Waring and return him to the sheriff, who would house him in an Orange County jail, but Waring objects because he fears he would be attacked by deputies or other inmates.
The move to Santa Ana’s jail was a compromise to end Waring’s legal maneuvering based on claims that sheriff’s deputies and guards were not protecting him. However, Waring said since his transfer to Santa Ana’s jail in November, he has been in solitary confinement, prompting him to file several grievances.
Orange County Superior Court Judge Jonathan Fish said in court Friday that he is unsure if Waring lacks any legal standing to object to the city’s serving 14-day notice to evict him. The 14-day notice was part of a contract between the city and the county when the city agreed to house Waring in November.
Waring’s attorney, Joel Garson, and the city’s lawyers will file arguments on the issue before returning to court Feb. 4 for another hearing on the matter. In the meantime, Waring will remain in Santa Ana’s jail, and Fish ordered that the defendant get the “appropriate” medication and dental treatment he needs.
Waring’s attorney said his client has been told by dentists that he needs oral surgery and has an exposed nerve, but it hasn’t been done as there is a dispute about who would pay for it.
Garson said Waring was placed on a prescription for medication to ween him off opioids, but that it must be dispensed progressively to work, and jail officials in Santa Ana have been giving him the wrong dose.
Garson argued the city’s desire to transfer Waring back to the Orange County Jail is “retaliatory” because Waring has filed multiple grievances related to his dental care, medication and what he says is a lack of time out of solitary confinement, where he was placed for protection.
“At most he gets out an hour every two days,” Garson told the judge. “These conditions are not humane… He’s gone six days without any time out of his cell.”
Garson also argued that his client is concerned that one of the deputies Waring has named as a defendant in a federal civil lawsuit that he and other inmates filed against the county will seek revenge if Waring is taken back to one of the county’s jails.
“We’re concerned he will be placed in an off-camera place and be attacked by deputies or other inmates,” Garson said.
Attorney Kyle Nellesen, representing the city, told the judge he did not believe that Waring enjoys status in the dispute over his housing as a “third party beneficiary.”
But Garson argued that his client was never given the contract or signed on to it, and that they had an oral agreement with the county that Waring would be housed in Santa Ana through his trial in March.
Jaime Manriquez, the manager of Santa Ana’s jail, testified that the minimum standard for free time for inmates in solitary confinement is three hours a week, but that the city has a policy extending it to five hours a week. Garson grilled Manriquez on how the city could offer five hours a week given the number of inmates at the jail.
“With 16 inmates there’s no way they’re getting five hours a week. The math doesn’t work,” Garson said.
Manriquez said not all of the 16 single-man cells are always occupied.
In a phone call to City News Service on Thursday, Waring said the planned eviction appears to be payback for the grievance, and he has threatened to continue his attempts to have sheriff’s deputies testify about their alleged role in an incident in which he and others were assaulted with pepper balls in the Orange County Jail.
One of Waring’s attorneys pushed to get Waring out of solitary confinement, “and they responded by reneging on the contract,” Waring said in a call from Santa Ana’s jail. “We might have to litigate the sheriff’s issues if they try to put me back (in the Orange County Jail). They left me in the hole and said you’re not going to leave the hole so we filed a grievance and they said, fine, we don’t want you here.”
Waring said he has gone “sometimes two weeks without coming out of my cell.”
Waring accused Santa Ana jail officials of not allowing him access to medication he needs.
“I said I can go into really bad seizures if they stop this medication,” Waring said.
Waring was attacked Oct. 9 by a blade-wielding inmate in the Intake-Release Center in Santa Ana. Jose Jesus Guzman was charged in the attack and is awaiting trial.
Waring sought a bail reduction after the attack, claiming sheriff’s deputies were incapable of protecting him.
Waring is charged with three counts of attempted murder for allegedly shooting then-35-year-old Daniel Lopez outside a home in Costa Mesa on June 20, 2016. Two other people escaped injury in the drive-by attack.
Waring is the son of Lauri Waring Peterson, who has appeared on 50 episodes of the unscripted Bravo cable series “Real Housewives of Orange County,” mostly between 2006 and 2008. Her last two appearances on the show were in 2016.
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