30-Year-Old Man Dies in Starr County Jail in Rio Grande City, Texas
The Starr County Sheriff’s Department, in Rio Grande City, Texas, filed a custodial death report with Ken Paxton, Attorney General of Texas, regarding the death of Alberto Pena. Mr. Pena was only 30 years old at the time of his death. Information in this post was obtained from that report, and we make no allegation of any wrongdoing against anyone related to Mr. Pena’s death.
Mr. Pena was originally incarcerated in the Starr County jail on August 13, 2020, at approximately 3:31 p.m. He was arrested merely for Criminal Mischief. A summary of events leading to Mr. Pena’s death, obtained from the report, reads:
“On Thursday August 13, 2020 at 3:31 pm Starr County Sheriff’s Deputies brought in a detainee by the name of Alberto Pena date of birth XX/XX/XXXX from . . . Rio Grande City Texas 78582 for the offence Criminal Mischief. Alberto Pena was placed in the Starr County jail detox holding cell alone. During his stay Alberto was violent and uncooperative with jail staff. At one point while jail supervisor is trying to calm Alberto he hits himself on the cell door with is forehead. The shift Sergeant and other jailers enter the cell and talk to Alberto Pena to calm him down. Later on the same evening at 6:53 p.m. Alberto becomes aggressive again and subsequently the shift Sergeant in view of the camera places Alberto Pena in the Wrap Restraint System and sits Alberto in the roll cart for the Wrap. The Roll cart is placed inside detox cell directly in front of the cell camera. While Alberto is in the wrap he is constantly fighting the Wrap system and at 7:50p.m. he manages to get himself out of the roll cart and makes his way to the cell door to kick it. Alberto Pena is then again placed in the roll cart and is asked to calm down by the jail staff. At 8:00pm shift change and the next crew shows up for duty under the supervision of the shift Sergeant . At 8:50 p.m. jail staff bring Alberto’s cousin who is down the hall in a max cell who also attempts to calm Alberto Pena who is still combative and fighting with the wrap restraints. Alberto made no outcry or notified the jail staff that of any medical distress or trouble breathing. The last cell check was at 8:53p.m. At 9:12p.m. Jailer conducting cell checks sees that Alberto is not moving and goes to the picket for backup. Jail staff immediately remove Alberto from the roll cart and the wrap and start emergency first aid CPR. EMS and Fire respond to the jail within minutes and Alberto Pena is transported to the hospital where is pronounced dead at 10:07p.m. by the attending doctor. Texas Rangers are notified by Chief Jose R. Molina of the situation and Ranger Donato Vela Arrives and takes over the investigation. Hospital staff did advise that Alberto Pena’s toxicology showed cocaine, marijuana, and alcohol in his blood work. After reviewing the cell video Alberto Pena Chief Molina and Ranger Vela noticed that Alberto stopped moving at 9:01p.m. The autopsy was conducted the following day by Dr. F.P. Salinas, M.D., P.A. from McAllen Texas at Elizondo Mortuary & Cremation 3220 N. Conway Ave. Mission Texas 78574. Autopsy # A-20-20 Authorized by Justice of the Peace Luis Garcia who listed the time and date CDR Reports :: Page 3 of 3 of death at 1:06AM 08/14/2020. The autopsy preliminary report shows that the cause of as cardiorespiratory arrest while under the influence of mixed drugs and the manner of death as accidental with pending toxicology report.”
There is no way to determine from reading the summary whether Starr County policies, practices, and/or customs were sufficient to treat Mr. Pena appropriately at the jail. It appears that he had significant issues which likely should have been treated by medical and/or mental health personnel. Mr. Pena was entitled, pursuant to the Fourteenth Amendment to the United States Constitution, to receive reasonable medical care and/or mental health care. The United States Constitution also guarantees the right to Mr. Pena to not have excessive force used against him.
If Mr. Pena died as a result of deliberate indifference or objective unreasonableness by jailers, or as a result of excessive force, or as a result of unconstitutional policies, practices, and/or customs at the Starr County jail, then certain surviving family members might be able to bring a lawsuit related to his death. Once again, by providing this information, we are not alleging any wrongdoing. We are simply providing information regarding Mr. Pena’s death, and potential claims related to that death, as well as potential claims related to the death of any other person in a county jail in Texas whose constitutional rights are allegedly violated. These cases are usually filed in federal court.
Dean Malone
Dean Malone