Category: Custodial Death

The Roanoke Police Department filed a custodial death report with the State of Texas regarding the death of John Allen Ellingwood. Mr. Ellingwood was 46 years old at the time of his death. We provide in this post information we obtained from that report, and we do not allege that anyone did anything wrong and which caused Mr. Ellingwood’s death.

The summary portion of the custodial death report was relatively short, and it read in its entirety:

“Ellingwood was arrested for Possession Controlled Substance PG 1 < 1G and Evading Arrest Detention. He was placed into double locked handcuffs and seated in the back right seat of the patrol unit. Ellingwood was then transported to the Jail Facility where Medics were called for a possible overdose. Ellingwood did not disclose what he ingested. He was released from custody and transported to the hospital.”

The report says nothing regarding the time period during which events in described in the summary portion occurred. Further, the Roanoke Police Department failed to provide any information in the following fields in the report: Death Code; Custody Code; Code of Charges; Intoxicated; and Medical Treatment Description. The Roanoke, Texas Police Department did indicate that Mr. Ellingwood did not make suicidal statements, did not exhibit any medical problems, and did not exhibit and mental health problems.

The 14^th Amendment to the United States Constitution guarantees the right of pre-trial detainees to receive reasonable medical care and mental health care. This is an important right, because people in custody no longer have control over their ability to obtain medical care. Thus, if someone dies in a Texas jail, and jailers are deliberately indifferent to, or act unreasonably regarding, a prisoner’s medical needs, then those jailers could be liable to certain surviving family members. These cases are typically brought in federal court.

The Reeves County Sheriff’s Department, in Pecos, Texas, filed a custodial death report regarding the death of Norma Barrera Avila. Ms. Avila was only 54 years old at the time of her death. We provide in this post information obtained from that report, and we make no allegation of any wrongdoing against anyone.

Our Texas civil rights law firm frequently reviews custodial death reports regarding those dying in Texas county and city jails. The report regarding Ms. Avila is perhaps one of the shortest we have ever reviewed.

The summary portion of the report regarding Ms. Avila’s death literally reads, “Summary can not [sic] be completed until autopsy results are returned.” Therefore, the Reeves County Sheriff’s Department decided not to provide any details at all as to what led to Ms. Avila’s death, whether she had been checked by jailers, or any other material information regarding any illness and/or other occurrences which led to her death.

The Reeves County Sheriff’s Department also failed to provide any information in response to the following fields in the report: Death Code; Manner of Death Description; Custody Code; Code of Charges; Intoxicated; and Medical Treatment Description. The Reeves County Sheriff’s Department did indicate that Ms. Avila did not make suicidal statements, did not receive medical treatment, did not exhibit any medical problems, and did not exhibit any mental health problems.

We know very little regarding Ms. Avila’s death, with the sparse information provided in the report. However, it is our experience that the Texas Rangers investigate deaths such as Ms. Avila’s.

Texas county jail inmates have the right, pursuant to the United States Constitution, to receive reasonable medical care and mental health care. If someone does not receive such care, and dies as a result, then certain surviving family members may have claims as a result of the death.

The Bee County Sheriff’s Department, located in Beeville, Texas, filed a custodial death report with the State of Texas regarding the death of Bryan Lee Nix.  Mr. Nix was only 31 years old at the time of his death.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing related to Mr. Nix’s death.

The new format for custodial death reports in Texas requires only a 2-page form, as opposed to the older 6-page form.  This is unfortunate, because the public is not provided as much information regarding deaths occurring in custody.  Regardless, the 2-page form regarding Mr. Nix’s death provided very little information.  It did indicate that Mr. Nix did not make suicidal statements, and did not exhibit any mental health problems.  Fields regarding Mr. Nix’s manner of death, death code, custody code, any medical treatment, and whether Mr. Nix was intoxicated, were left blank.  Further, the summary portion of the report was relatively short:

“At 8:57pm the doctors at Spohn Bee County Emergency Room ruled inmate Bryan Nix passed away at the emergency room at Spohn Beeville at this time due to unknown reasons. He was brought in to the Bee County Jail at approximately 6:00 pm, by the Beeville Police Department, and was having trouble breathing. Bee County Jail staff performed CPR until EMS arrived and was transported to the emergency room at Spohn Bee County where he later passed away. Investigation is being conducted by our criminal investigation division and the Texas Rangers.”

Federal law, arising from the United States Constitution, provides that people who are arrested in Texas and jailed, whether in a city holding facility or a jail, or a county jail, are entitled to reasonable medical care.  If a jailer and/or arresting officer fails to obtain such medical care, and in doing so is deliberately indifferent and/or acts in a unreasonable manner, then such person(s) may be liable to family members surviving a person who dies as a result.  Likewise, a Texas city, town, and/or county can be liable for such a death, if a policy, practice, and/or custom caused the death.