In an exclusive statement to Radar, Peterson said she is in fear for her son's life, especially after what she alleges was a premeditated attack by another inmate on Oct. 9, 2019 that left Waring with multiple stitches on his face and chest.
"My heart is broken and I am destroyed," Peterson told Radar on Tuesday. "He has been forced to continue his trial due to the numerous acts of government misconduct and numerous violations of his civil rights beginning on his first day of incarceration. Josh does not feel he will live to see his trial."
Waring, who spoke to Radar exclusively the day after the attack, said the other inmate had makeshift blades and slashed him multiple times. Waring had injuries to his face to his jawline, and had to get at least 20 stitches on his chest.
Waring, who has been locked up at the Orange County jail since June 2016, alleges other inmates have placed a "hit" on him, and the Sheriff's Department has done little to protect him while he awaits his murder trial.
Peterson claims last month's incident was not the first time her son has been attacked in jail.
"When I initially learned of the attack on Josh I was so scared, broken hearted, concerned as I couldn’t speak to him or see him until normal visitation," the former RHOC star said.
Thoughts of her son being murdered behind bars was a real fear for the reality star. "I was so thankful that he hadn’t been killed, which has been a concern of his for many, many months now. So much that just this September, he filed an application for a TRO in the federal court asking for protection as his life was in danger due to guards putting him in contact with 2-5er gang members."
The distraught mother was disappointed the jailhouse rules weren't followed. "At the time of his TRO (temporary restraining order) filing, Josh declared that he had been attacked two times when guards had put him in with these gang members despite the fact that he is classified as Protective Custody and all inmates in this class are to never be in contact with each other and always housed and moved separately from each other."
Waring was arrested on June 20, 2016 after he was accused of shooting a man in front of a sober living home in Costa Mesa. Waring maintains he is innocent of the charges.
Officials with the Orange County Sheriff's Department told Radar an investigation is pending regarding the Oct. 9, 2019 incident between Waring and the other inmate, along with an internal administrative investigation.
Meanwhile, Joel Garson, Waring's attorney, said a judge could rule as soon as tomorrow, Nov. 6, 2019, on whether or not a protective order will be lifted on video footage related to a separate 2018 incident where deputies allegedly fired pepper ball bullets at Waring.
Garson has asked the court to order the County of Orange and the Orange County Sheriff's Department to release at least 10 hours of video footage taken from inside the jail from June 24 to June 28, 2018 — the dates when Waring claims he was targeted by deputies, who allegedly fired the pepper bullets into his cell.
Garson said he plans to call two deputies, who were allegedly involved in the June 2018 pepper ball incident, to the stand at tomorrow's hearing.