Man Dies After Being in McAllen, Texas Police Jail
The McAllen Police Department, in McAllen, Texas, filed a custodial death report with the Attorney General of Texas regarding the death of Johnathan Gustavo Lucio. Mr. Lucio was only 21 years old when he passed away. We provide information from that report, and we do not make any allegation against anyone related to the cause of Mr. Lucio’s death.
On January 24, 2020, McAllen police officers responded at 12:56 a.m. to a location near 17th Street and Chicago Avenue. A person reported that Mr. Lucio had approached him in a an aggressive manner demanding money. Mr. Lucio was described as wearing a light in color sweater that had blood throughout. Responding officers located Mr. Lucio, and the reporting person identified Mr. Lucio as the described person.
Responding officers had the opinion that Mr. Lucio was under the influence of narcotics. They therefore placed him under arrest and charged him with public intoxication. He was then booked into the McAllen Police Department jail at 1:33 a.m.
Information in this paragraph was not contained in the report but is instead provided as general information. The Texas Commission on Jail Standards oversees county jails in Texas, to assure that they act appropriately with regard to prisoners and comply with State regulations. Unfortunately, the Texas Commission on Jail Standards does not have authority over city jails. Most Texas cities prefer to call their jails “holding facilities.” Our Texas civil rights law firm believes that they do so because they recognize that they are not equipped to hold prisoners for any lengthy period of time.
At 8:15 a.m. on January 24, 2020, Mr. Lucio requested medical attention and complained of drug side effects. He stated that he had taken too many drugs prior to apparently his arrest. EMTs were summoned, and Mr. Lucio was transported to South Texas Health Facility at 3700 Nolana in McAllen, Texas. The report shows nothing about what if any checks of Mr. Lucio were done at the jail during the night.
Interestingly, at 11:04 a.m., while Mr. Lucio was at the South Texas Health Facility, the responding officer issued a citation to him for public intoxication. The officer then released him from custody. Police departments frequently release people from custody when they are receiving medical care to avoid having to pay for the medical care.
At 1:21 p.m. on that date, a nurse at Edinburg Regional Hospital called the McAllen Police Department and requested a police officer to report that Mr. Lucio had died at the hospital. The police officer told the hospital that Mr. Lucio was not in the custody of the McAllen Police Department and had been released when he was at South Texas Health Facility. Mr. Lucio had apparently been transferred from South Texas Health Facility to Edinburg Regional Medical Center.
The report indicates that the death investigation will be conducted by the Edinburg Police Department. Hopefully, Texas Rangers will also conduct an investigation.
Without regard to what happened to Mr. Lucio, the United States Constitution guarantees the right of jail prisoners, who have been convicted of nothing, to be protected from themselves and others and to receive appropriate medical care. Jailers cannot be deliberately indifferent to known medical needs. If jailers are indifferent, and someone dies as a result, jailers can be liable to certain surviving family members pursuant to federal law. Most such claims in Texas are filed in federal court, and claims are asserted through 42 U.S.C. § 1983.
Dean Malone
Dean Malone