Jesse Lewalter Pritchard Dies After Arrest by Kermit Police Department in Texas
The Kermit Police Department, in Winkler County, Texas, filed a custodial death report regarding Jesse Lewalter Pritchard with the Attorney General of Texas. Mr. Pritchard was 39 years old at the time of his death. We provide information in this post which we obtained from that report, and we make no allegation of any wrongdoing against anyone related to Mr. Pritchard’s death.
The report indicates that several officers were involved in arrest of Mr. Pritchard, who was apparently arrested for public intoxication. Our Texas civil rights law firm frequently reviews custodial death reports in Texas, regarding those who die either in county jails or shortly after arrest. Some such reports are written in favor of law enforcement and omit material and important details. Clearly, we are uncertain as to whether the report regarding Mr. Pritchard’s death includes most material details. However, the narrative section is longer than what we typically see, and reads as follows:
“On Wednesday May 13, 2020, at approximately 2048 hours, Officer’s responded to a 911 emergency call at 316 Bert St in reference to an intoxicated person, who was naked outside of his residence. Officer Reynolds and Officer Wood were the 1st officer’s on scene, officer’s made contact with the intoxicated/naked suspect. Officer’s determined Pritchard was intoxicated on an unknown substance, and determined Pritchard was danger to himself and or others. Officer’s advised Pritchard’s father if he could get Pritchard some clothes to put on. Officer Reynolds gave Pritchard the opportunity to put clothing on, Pritchard refused.
Officer Reynolds, and Officer Wood tried placing handcuffs on Pritchard, Pritchard pulled away, Pritchard was placed against a chain linked fence in standing position. Officer Reynolds and Officer Wood assisted Pritchard to the ground, Pritchard had his hands in front of his body underneath his stomach area, and refused to put his arms behind his back. Officer Reynolds advised Sgt. Sanchez back up was needed. Sgt. Sanchez arrived at said location, Sgt. Sanchez gave Prichard commands, and if Pritchard did not follow the commands he would be tased. Prichard did follow Sgt. Sanchez commands and placed his hands behind his back to be handcuffed, Prichard was never tased.
Officer’s tried to get Pritchard to walk voluntarily to Officer Reynolds patrol unit, Pritchard refuse to walk to the unit. Sgt. Sanchez and Officer Reynolds carried Pritchard by his arms to Officer Reynolds patrol unit. Officer’s asked Pritchard to get in the back seat of the patrol unit, and Pritchard refused. Officer’s assisted Pritchard into the back seat of the patrol unit. Sgt. Sanchez contacted Sheriff Darin Mitchell to get confirmation to accept Pritchard to the Winkler County Jail due to Covid 19 restrictions. Sheriff Mitchell did confirm he would accept Pritchard into Winkler County Jail. Officer Reynolds and Officer Wood transported Pritchard to the Winkler County Jail, where Officer Reynolds states Prichard was banging his body against the metal divider during transport.
When officer’s assisted Prichard out of the unit they laid him on the ground waiting for chair to transport Pritchard into the jail. When helping Pritchard into the chair, officer’s noticed Pritchard was pale, and laid him back on the ground handcuffs were removed. Jailer Oscar Castillo begin CPR, Sgt. Sanchez called for EMS. EMS arrived at jail sally port, and transported Pritchard to Winkler County Hospital Emergency Room. Sgt. Sanchez was advised Pritchard had a pulse and was being transported to Medical Center Hospital in Odessa Tx, by Aero Care.
On Monday May 18, 2020 Lt. Richard Abalos was contacted by Ector County Medical Examiner Investigator Robin Wood. Lt. Abalos was advised by Wood Pritchard was on a ventilator and had no brain activity. Wood advised Lt. Abalos the family wanted to remove Pritchard from the ventilator. Wood asked Lt. Abalos if Kermit Police Department was requesting an autopsy on Prichard. Lt. Abalos advised KPD would be requesting an autopsy. Phone number was given to Wood, to contact Justice Of The Peace Precinct 1 Keri Jones, to set up autopsy in Lubbock Tx, South Plains Forensic Pathology. On Tuesday May 19, 2020 Lt. Abalos was informed autopsy for Prichard was set for Wednesday May 20, 2020 at 8:30 AM. On Wednesday May 20, 2020 at 8:30 AM, Lt. Abalos was present at Pritchard’s autopsy, at South Plains Forensic Pathology, Lubbock Tx. Autopsy performed by Dr. Thomas Parsons. Pending pathology report.”
When reading this case, it reminded our firm of another case recently decided by the Fifth Circuit Court of Appeals. the Fifth Circuit Court of Appeals is a federal appellate court which has jurisdiction over Texas, Mississippi, and Louisiana. Even though the cases are somewhat similar, once again, we are not alleging in this post any wrongdoing related to Mr. Pritchard’s death.
In that case, the parents of a young man who was arrested and died after his arrest, as representatives of his estate, filed suit against paramedics and police officers asserting that they were deliberately indifferent to injuries resulting in their son’s death, occurring from self-inflicted head trauma while in police custody. The court dismissed claims against the paramedics but retained claims against the officers.
The young man in that case, after being arrested, and while being driven to the police station, violently bashed his head over 40 times against the interior of a patrol car. The family member bringing the lawsuit alleged, through her attorneys, that police officers’ failure to act showed deliberate indifference to the young man’s serious medical needs.
The court determined that a reasonable jury could find that the officers were aware that the young man, “in the grip of a drug-induced psychosis, struck his head violently against the interior of [an officer’s] patrol car over 40 times in route to jail and thereby sustained severe head trauma.” The court also noted that one or more officers told a jail sergeant that the young man had been “medically cleared at the scene.” Ultimately, the court determined that a reasonable jury could find that the man’s injuries, from which he died within roughly 24 hours, were so severe, and the cause being so evident to the officers, that the officers acted with deliberate indifference by failing to seek medical attention, by failing to inform jail personnel about the man’s injuries, and by informing jail personnel only that he had been “medically cleared” before arriving at the jail.
Without regard to either case, as a general matter, the United States Constitution guarantees the right of pretrial detainees and arrestees to receive reasonable medical care. Police officers cannot be deliberately indifferent and/or act objectively unreasonably regarding an arrestee’s self-harm and/or need for medical care. If officers are deliberately indifferent and/or act in an objectively unreasonable manner, and a person dies as a result, then certain surviving family members may be able to bring a lawsuit against the officers and/or their employer.
Dean Malone
Dean Malone