A federal judge has ruled against all of the claims double murderer Nicholas Roos’ made in a lawsuit filed against employees of the Arkansas prison system.Roos’ complaints included his unhappiness with soggy tofu, an inability to adhere to the rules of his religion, sleep deprivation and the lack of nutritional value in the vegan meals he says he must eat on religious grounds.
He alleges, for example, that he is not getting enough time to worship the Sun God Surya outside which is required by his religion. He also claims he is sleep deprived because breakfast is served at such an early hour.
A two-day bench trial was held in the Federal District Court for the Eastern District of Arkansas in Little Rock beginning April 6 with Judge Billy Wilson presiding.
At the end of the bench trial, Judge Wilson took the case under advisement. His ruling against Roos and in favor of members of the prison staff was filed April 13.
PRISON VIOLATING RELIGIOUS RIGHTS
Roos contended that he is an adherent of Raja Yoga Hinduism and that his religion requires him to maintain a “vegan diet” in which tofu is a staple ingredient.
The many grievances Roos has against the prison system in general and the Varner Unit in particular starts with the tofu and the way it is served.
*The tofu is not drained before being frozen making the product “a soggy, spongy, rubbery and virtually inedible substance” once thawed and put on a tray.
*The make up of the vegetarian meals served by the prison do not allow Roos to maintain his health.
*That many of the foods he is served should not be on a vegetarian diet.
In his ruling, Judge Wilson said evidence in the case showed that Roos “does not always adhere to the requirements related to a vegan diet.” Evidence showed that he had purchased nearly 450 non-vegan food items from the prison commissary, despite substitute vegan items being available.
The judge said Roos’ claim that vegan meals prepared by prison staff are nutritionally deficient is not supported by the facts. He wrote that Roos reported to prison weighing 150 pounds and has consistently maintained a weight of 200 pounds since being behind bars.
There was testimony given during the trial that certain detrimental health effects might result from an insufficient diet.
Judge Wilson noted, however, that Roos produced no evidence that he has been diagnosed with any of the conditions as a result of alleged insufficient nutrition.
CAN’T WORSHIP SUN GOD
*Roos claims his religion requires him to “pay homage” to the sun god “Surya” outside. He alleged in his lawsuit that he often goes “weeks and months” without direct exposure to the sun.
In his ruling, Judge Wilson said prison staff did not prevent Roos from “performing ‘sun salutations’ through his window,” and that Roos presented no evidence other than his opinion that his religion requires “sun salutations” to be done outside.
*The food he is required to consume by his religion is being prepared and served in what Roos alleges are unsanitary conditions, including the presence of rodents and insects.
Judge Wilson said most of Roos’ complaints regarding alleged unsanitary conditions are “isolated incidents and insufficient to prove his claim.”
Roos complains of other prison conditions that stand in the way of his religious practice.
*Roos claimed in his lawsuit that breakfast is served so early at his prison unit he is left sleep deprived and unable to meditate as required by his religion.
In his ruling, Judge Wilson wrote, “while conditions in prison might not be ideal for meditation, they are not intentionally set up to deprive Roos of sleep.
In addition, Judge Wilson wrote, “the prison setting is not intended to work around the plaintiff’s preferred schedule.”
If Roos wants to get seven-or-eight hours of sleep before breakfast is served, Judge Wilson suggested “he needs to go to bed earlier.”
Roos’ punitive damage claim with varying amounts to be assessed to the various prison staff member named as defendants in the suit had been dismissed earlier.
Department of Correction staff members named as defendants in Roos’ suit had denied each-and-every claim he made.
SHOT AND KILLED ELDERLY COUPLE
Roos was sentenced to life in prison without parole in 2016 after pleading guilty to charges stemming from the killing of an elderly Midway couple in November 2015.
Roos has appealed his life without parole sentence in the murder case all the way to the U.S. Supreme Court. The justices refused to even hear his arguments.
Roos pleads guilty to Rice murders,receives life sentence
Nicholas Ian Roos, one of three people charged with capital murder and arson in the death of an elderly Midway couple, Donald and LaDonna Rice, and the burning of their home in early November last year, changed his plea to guilty on a number of charges that have been lodged against him in the case and other cases in which he is the defendant and was sentenced to life in prison without parole.
The 24-year-old Roos appeared before Circuit Judge Gordon Webb Tuesday. The state had announced in early January that if the case went to trial, evidence would be presented to the jury that would enable the panel to return a death sentence.
The defendant, wearing a dark blue suit, no tie and a red shirt, stood at the podium during sentencing flanked by his lawyers. The attorneys representing Roos had filed a motion in he case requesting that their client be in street clothes and without restraints for court appearances.
He answered every question in a soft voice. At one point, Judge Webb asked if Roos had “engaged in actions with a firearm causing the death of two people — the Rice’s. Roos admitted that he had.
Judge Webb asked twice if Roos had anything to say on his behalf and twice he answered no.
Roos, 24-year-old Zach Tyler Grayham and 21-year-old Mikayla Jordan Mynk were arrested just days after the crime. They are represented by two attorneys from the staff of the State Public Defender Commission, or lawyers appointed by the commission. Roos is represented by Teri Chambers and Katherine Streett who are both on the staff of the Public Defender Commission and were both in the courtroom Tuesday.
According to court records, investigators determined that the three young people allegedly arrived at the Rice residence on Saturday, November 7th, killed the couple, both in their 70s, took property from the house, including a large screen television set, and torched the house.
It was alleged that they took a 2015 GMC Sierra Denali pickup truck belonging to the couple. The vehicle was found burned near Bruce Creek off County Road
1. Investigators believe that the truck was used to haul items from the Rice home.
The fire at the Rice’s spacious two-story home located on County Road 508, was initially reported when a motorist flagged down an Arkansas State Trooper just after 7:30 p.m. on November 7th. The structure was fully engulfed when fire crews arrived. The Trooper, Jackie Stinnett, said as he approached the house there were flames shooting out of the left dormer on the roof. As the Trooper made his way to the back of the house, there was a dog in the yard and the back door to the house was standing open.
Stinnett was unable to enter the residence because of the intense heat and heavy smoke.
As soon as the fire was extinguished and the large amount of rubble had cooled sufficiently, law officers from a number of agencies — including specialized arson investigators from the Arkansas State Police — picked through the large amount of debris with help from heavy equipment provided by the County Road and Bridge Department. Human remains were found and identified as the bodies of the Rice couple by the State Medical Examiner’s Office.
Baxter County Sheriff John Montgomery said early in the investigation, that lawmen had concluded that the Rice home had been robbed. He said both garage doors were open and the GMC pickup which was later found burned was missing. A second vehicle belonging to the couple was destroyed in the house fire.
Roos had other Circuit Court cases in addition to the murder/arson charges, and sentences in those cases will run concurrent with his life sentence.
Roos was arrested on November 11th on charges related to break-ins. The arrest led officers to evidence, including property which, according to court records, belonged to the Rice couple and which helped tie Roos, Grayham and Mynk to the November 7th murder/arson.
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