David Lee Tumey Dies in Medina County, Texas Jail

The Medina County Sheriff’s Office, in Hondo, Texas, filed a report with the Attorney General of Texas regarding the death of David Lee Tumey. Mr. Tumey was 54 years old at the time of his death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“Medina County Deputy Preston Moebius arrested David Tumey (W/M, DOB: XX-XX-1967) on 02-10-2022 for Injury to the Elderly and Possession of Marijuana less than two (2) ounces and booked him into the Medina County Jail. Deputy Moebius indicated that Tumey was intoxicated, so jail staff placed Tumey alone in the violent holding cell so he could detox. Medina County Jail staff conducted twenty (20) minute observation checks while Tumey remained in custody. On 02-13-2022 at approximately 8:00 pm, Sergeant Antonio Morales was performing inmate observations when he found Tumey unresponsive in the cell. Sergeant Morales entered Tumey’s cell and began performing CPR. Sergeant Morales ordered that EMS to be contacted to assist with medical treatment. EMS arrived and took over CPR. EMS determined that Tumey was dead and stopped CPR. Jail staff secured the cell for the pursuing investigation. Medina County Chief Deputy Gilbert Rodriguez contacted me, Texas Ranger Daniel McMillon, and requested I conduct a custodial death investigation. I arrived at the jail at approximately 9:22 pm. I photographed Tumey and the cell. I observed that Tumey was lying face up with his head positioned towards the cell door. Tumey was naked with four (4) defibrillator patches on his torso. Tumey’s face appeared very red, and his hands were clenched. I did not see any obvious signs of trauma other than some minor abrasions to Tumey’s knees. Medina County Justice of the Peace Judge Clyde “Bubba” Howse arrived and pronounced Tumey dead at 8:35 pm. Judge Howse ordered an autopsy conducted at Central Texas Autopsy by Doctor Susan Dana. On 02-13-2022, Medina County had three (3) corrections officers working when Tumey was found dead, Sergeant Antonio Morales, Officer Jessica Zaragoza, and Officer Nichole Lutz. I interviewed each officer separately, beginning with Sergeant Morales.”

Thus, while it appears that jailers were looking into Mr. Tumey’s cell on a periodic basis, the summary does not provide any information at all regarding whether anyone ever entered Mr. Tumey’s cell during the period of his incarceration. The summary portion of the report also does not provide any information as to what the Medina County Sheriff’s Office means when it refers to Mr. Tumey being able to “detox.” Detox for a person addicted to drugs and/or alcohol is a serious matter. There are certain medical protocols which should be followed for a person who is truly detoxing from such substances. The report provides no information regarding any such protocols being used.

The 14th Amendment to the United States Constitution guarantees the right of those who are arrested and held in Texas county jails to receive reasonable medical care and mental health care. If jailers are deliberately indifferent to a person’s needs, or a county’s policies, practices, and/or customs are implicated, and a person dies as a result, then certain surviving family members may be able to file lawsuit for violation of the person’s constitutional rights. These claims are typically filed in federal court pursuant to a federal statute allowing assertion of constitutional rights.

Written By: Dean Malone

Dean Malone

Dean Malone is the founder of Law Offices of Dean Malone, P.C., a jail neglect civil rights law firm. Mr. Malone earned his bachelor's degree at the University of Texas at Dallas, graduating summa cum laude with a 4.0 GPA, and from Baylor University School of Law with a general civil litigation concentration. Mr. Malone served in several staff positions for the Baylor Law Review, including executive editor. Mr. Malone is an experienced trial lawyer, trying a number of cases to jury verdict and also handling arbitrations through final hearing. He heads the jail neglect section of his law firm, in which lawyers litigate cases involving serious injury and death resulting from jail neglect and abuse. Lawyers frequently refer cases to Mr. Malone due to his focus on this very complicated civil rights practice area.