Emmitt Earl Byrd Dies by Suicide in Bexar County Jail

The Bexar County Sheriff’s Office, in San Antonio, Texas, filed a report regarding the custodial death of Emmitt Earl Byrd. Mr. Byrd was only 44 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The report indicates that Mr. Byrd was originally incarcerated in the Bexar County jail at 7:30 a.m. on April 17, 2022. It further indicates that he passed away at 10:17 a.m. on April 21, 2022. The summary portion of the report reads in its entirety:

“On April 21, 2022, at approximately 0950 hours, a Code One Blue (medical emergency) was initiated in Unit AF by Officer K. Vazquez #4456, after he observed Inmate Byrd, Emmitt Earl #1097213 hanging from a sheet tied around his neck, with the other end tied around an interior hinge of the cell door. Deputy Vazquez immediately opened the cell door and assisted Inmate Byrd by lifting him up, while cutting the sheet, utilizing the rescue cutting tool. Deputy Vazquez assisted inmate Byrd to the floor, laid his body down, and began to administer life saving measures. Medical Personnel arrived to the location and began chest compressions on inmate Byrd. At approximately 1000 hours, San Antonio Fire Department EMS arrived and continued life saving measures on Inmate Byrd. At approximately 1017 hours, per Dr. McClure #18, inmate Byrd was pronounced deceased.”

Therefore, the report does not provide any information regarding whether Mr. Byrd was on a continuous watch and, if not, how often observations were made of him. The report does indicate that Mr. Byrd allegedly did not exhibit any mental health problems or make any suicidal statements.

The United States Constitution requires jails to protect inmates who are at serious risk of harming themselves. This “failure to protect” obligation arises from the 14^th Amendment. If a person is likely suicidal, and a jailer or jail puts that person into a cell with tie-off points and items with which the person can form a ligature, and the person dies as a result, then certain surviving family members may be able to bring a lawsuit. Jailers cannot be deliberately indifferent and/or act objectively unreasonably regarding known medical or mental health needs of inmates.

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.