Former Corrections Officer Convicted of Committing Perjury After Making False Statements During an Investigation into Use of Excessive Force at Prison

RALEIGH, N.C. – Richard Wargo, a former Sergeant at Pender Correctional Institution, pled guilty today to committing perjury before a federal grand jury in a civil rights investigation. Wargo, 37, faces up to 60 months in prison when sentenced later this year.

According to court documents and other information presented in court, the Federal Bureau of Investigation (FBI) began an investigation in 2022 into Pender Correctional Institution (PCI), in Burgaw, after receiving multiple allegations of officers using excessive force against inmates in the prior year.  During one incident, which occurred on November 17, 2021, PCI officers removed an inmate from a dorm room due to apparent intoxication and took him to a separate shipping and receiving building with no surveillance cameras.  The inmate was handcuffed and struck with a baton multiple times, resulting in lacerations on his legs and scarring.   

Wargo was working the night shift when the November 17, 2021, incident occurred and was tasked with preparing the incident report regarding the use of force.  In his report, Wargo omitted that he was present during or involved in the use of force. It was the prison’s policy that no one involved in the incident should prepare the incident report.

The FBI interviewed Wargo in August 2023.  When asked about the November 17, 2021, incident, Wargo described being the investigating officer but said he otherwise was in no way involved and was not even present for the use of force.  He appeared before a federal grand jury on August 22, 2023, and while under oath, gave the same account.  However, grand jury testimony from other officers and witnesses established that Wargo was present in the shipping and receiving building during the assault. Two officers testified that Wargo participated in the assault, striking the inmate with a baton, while another officer testified that he saw Wargo standing over the inmate.     

Wargo agreed to a second, audio recorded interview on February 26, 2024.  He again denied being present for or participating in the November 17, 2021, use of force incident.  But when confronted with evidence to the contrary, Wargo admitted that he had entered the shipping and receiving building during an ongoing use of force incident.  He further admitted that he had drawn his baton and witnessed other officers strike the inmate with batons.

Daniel P. Bubar, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the plea. The Federal Bureau of Investigation investigated the case.  Assistant U.S. Attorney Jake D. Pugh is prosecuting the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:24-cr-0043-BO.

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