Johnny Ray Ximenez Dies After Being in Live Oak County, Texas Jail

The Live Oak County Sheriff’s Department, in George West, TX, filed a custodial death report with the Attorney General of Texas regarding the death of Johnny Ray Ximenez. Mr. Ximenez was only 54 years old at the time of his death. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“On November 7, 2021, Ximenez, Johnny was booked into the Live Oak County Jail, charged with Public Intoxication. On November 8, 2021, the decedent was housed in a separation cell at approximately 7:04 P.M. Security checks were preformed within the Texas Jail Standards time frame. A check was completed on inmate Ximenez at approximately 8:33P.M. At which time the inmate appeared to be fine. The inmate appeared to have a medical issue at approximately 8:46P.M., which I later saw on the surveillance footage from Ximenez’s cell. The next security check was completed at approximately 8:51P.M. During the security check, at approximately 8:51P.M., the jailer noticed that the inmate was mostly on the floor, with his neck and head on the bunk. The jailer tried to get the inmate’s attention without any success. The jailer called for assistance, another jailer arrived at the cell at approximately 8:53P.M., then both jailers entered the cell. The inmate was assessed by the jailers. The jailers then placed the inmate flat on the floor, and began chest compressions on the inmate, until Emergency Medical Staff arrived at the jail and took over the scene. The inmate was pronounced deceased at approximately 9:44P.M.”

It is our experience, as a Texas jail abuse law firm handling civil rights cases, that the Texas Rangers are likely to conduct an investigation of Mr. Ximenez’s death. The Texas Rangers typically investigate deaths occurring in jails in smaller- to medium-sized counties. However, the Texas Rangers will only investigate regarding any potential criminal conduct resulting in or contributing to Mr. Ximenez’s death. The Texas Rangers do not investigate whether there is any civil liability under the United States Constitution.

If jailers fail to provide reasonable medical care to a person in a Texas jail, and the person dies as a result, then certain surviving family members may be able to bring a lawsuit. The claims in the lawsuit are brought pursuant to the United States Constitution. The 14^th Amendment to the United States Constitution guarantees the right of pretrial detainees to receive reasonable medical care.

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.