Category: Custodial Death

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. 

       The Aransas County Sheriff’s Department, in Rockport, Texas, filed a custodial death report with the Attorney General of Texas regarding the death of Thomas S. Kitchens.  Mr. Kitchens was 66 years old at the time of his death.  We make no allegation of any wrongdoing against anyone regarding Mr. Kitchens’ death but instead are simply providing information.

       On October 26, 2019, Mr. Kitchens was arrested by the Texas Department of Public Safety for driving while intoxicated in Aransas County.  He was then transported to the Aransas County Detention Center. At approximately 9:35 p.m., he was received in jail intake. 

       At 9:43 p.m., after telling one or more jailers that he needed medications, and that he had pre-existing medical conditions, Mr. Kitchens was provided with a telephone to call an unknown person to bring his medications.  Three minutes later, he was placed into a holding cell.

       At approximately 4:28 a.m. the next day, Mr. Kitchens was provided breakfast.  At approximately 4:40 a.m., he was brought out to be fingerprinted.  At approximately 4:55 a.m., he was placed into a cell and then ultimately allowed to make phone calls using the inmate telephone system. 

       At 6:58 a.m., Mr. Kitchens was authorized to make a phone call to attempt to have someone to bring his medications.  At approximately 7:05 a.m., Mr. Kitchens was moved to a general population cell along with seven other inmates who were already in the same cell.  At approximately 8:22 a.m., Mr. Kitchens was found unresponsive when officers entered the cell block.  The report does not indicate whether periodic face-to-face observations were being made.  Mr. Kitchens was ultimately pronounced deceased by a justice of the peace at 9:01 a.m. 

       The report indicates that preliminary results from the Nueces County Medical Examiner indicated that Mr. Kitchens was found to have scar tissue from a previous heart attack and signs from a recent heart attack and kidney damage.  The report regarding Mr. Kitchens’ death was not file for several months after his death.  This is a violation of Texas law, requiring a custodial death report to be filed no later than 30 days after a custodial death.

The Angelina County Sheriff’s Department filed a custodial death report regarding the death of James Laverne Denmond.  The Angela County jail is in Lufkin, Texas.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing related to Mr. Denmond’s death.  Mr. Denmond was only 47 years old at the time of his death.

Mr. Denmond was in the custody of the Angelina County Sheriff’s Department, in the Lufkin jail, on January 19, 2020.  At approximately 2:57 p.m. that day, a jailer was conducting a visual observation in the Separation Hallway.  The jailer discovered Mr. Denmond sitting on the floor of the housing unit directly in front of a toilet.  The jailer called for other officers and a nurse.  The nurse responded. 

Mr. Denmond was allegedly responsive and coherent, but he said that he was weak.  The nurse began to assess Mr. Denmond but was unable to obtain a blood pressure reading.  The report reads, “Since no immediate, apparent cause for concern existed, due to this Inmate’s history of similar behavior, the officers exited the cell.”  The report does not indicate why officers exited the cell if no blood pressure reading for Mr. Denmond was obtained. A mattress was placed beside Mr. Denmond to lay on, so that he did not fall off of his bunk accidentally.

At 4:30 p.m., the same jailer was conducting cell checks.  He noticed Mr. Denmond was laying over on the mattress, with his hands drawn up in front of his chest, and his eyes rolled up into his head.  EMS were called, and Mr. Denmond was taken to a local hospital.  Mr. Denmond passed away on January 20, 2020.

Jailers and medical personnel have an obligation not to be deliberately indifferent to medical needs of people in Texas County jails.  If they are deliberately indifferent to those needs, then they may be liable to certain family members of a person who dies as a result.  Once again, we make no allegation that this occurred with regard to Mr. Denmond.  We are simply providing information regarding claims pursuant to the United States Constitution.

The Anderson County Sheriff’s office filed with the Attorney General of Texas a custodial death report regarding the death of Rhonda Gay Newsome.  Ms. Newsome was 50 years of age at the time of her death.  Information in this post was obtained from that report, and we make no allegation of any wrongdoing against anyone.

Ms. Newsome was originally incarcerated in the Anderson County Jail on March 9, 2018.  She passed away on June 15, 2018.  The summary of what resulted in her death is relatively short, as compared to other custodial death reports our law firm has reviewed.  It indicates that Ms. Newsome was in a holding cell due to being nauseated, and was found unresponsive at approximately 5:00 p.m. on June 15, 2018.  The report also indicates that Ms. Newsome passed away as a result of complications of Addison’s Disease, hypertensive and atherosclerotic cardiovascular disease, obesity, and pulmonary emphysema.

Texas counties are required by law to file custodial death reports within thirty days of the death of an inmate.  It is uncertain as to why it appears that, with regard to Ms. Newsome, the report was not filed within the legally-required time.

Texas county jail inmates have rights to receive reasonable medical care.  If jailers are aware of serious medical needs, and fail to take appropriate actions by including but not limited to having an inmate transferred to a local hospital, then jailers can be liable as a result.

Once again, we make no allegation regarding any wrongdoing related to Ms. Newsome.  We are simply providing information about Texas prisoners’ constitutional rights.

The Travis County Sheriff Department filed a custodial death report with the Attorney General of Texas regarding the death of Naquan Jamar Carter.  Mr. Carter was only 23 years old at the time of his death.  We make no allegation that anyone did anything wrong, but instead are simply providing information in this post obtained from that report.

Mr. Carter entered the jail facility on November 12, 2017, and the report indicates that he had exhibited mental health problems.  On July 24, 2018, Mr. Carter was found in his cell unresponsive.  Life-saving efforts were ineffective, and Mr. Carter was pronounced deceased the same day.  The Texas Rangers are very likely investigating the incident, as is customary when an inmate dies in custody in Texas.

The Jasper County Sheriff’s department filed a custodial death report with the Texas State Attorney General regarding the death of Joel Christian Parker.  Information in this post was obtained from that report.  We make no allegation of any wrongdoing, but we are instead simply providing information.

The report does not indicate Mr. Parker’s age at time of death.  Mr. Parker, on June 6, 2018, some time between 10:30 a.m. and 11:00 a.m., became incoherent while he was picking up trash on the side of the road as a purported volunteer.  He was then transported by EMS to a hospital in Beaumont for possible heat exhaustion/stroke.  The report does not indicate whether and/or when water was provided to Mr. Parker while he was working on the side of the road.   On June 7, 2018, at approximately 10:30 a.m., the Sheriff was contacted by the Jail Administrator and notified that Mr. Parker had passed away.  An autopsy has been ordered, and the Texas Rangers are conducting an investigation.

Valorin Michele Rodriguez, 42 years of age at the time, passed away on February 5, 2018 while being held in the Winkler County Sheriff’s Department Jail in Kermit, Texas.  Information in this post was obtained from a custodial death report filed by the Winkler County Sheriff’s Department.  We make no allegation of any wrongdoing but are instead simply providing information.

Ms. Rodriguez was allegedly serving a 10-day sentence.  The report does not indicate that Ms. Rodriguez had any pre-existing medical or mental health issues.  The report indicates that Ms. Rodriguez was found at approximately 10:35 p.m. on October 5, 2018 in a physical state which indicated that there was clearly something wrong.  Ms. Rodriguez ultimately was found unconscious, and she later passed away.  The report indicates nothing about what if anything jailers had observed in Ms. Rodriguez prior to this incident, and/or what substances (if any) she might have been given that could have caused her death.

Alejandro Morales, Jr., 48 years of age, died on or about November 1, 2017 after being in the custody of the Colorado County, Texas Sheriff’s Department.  Information in this post was obtained from a custodial death report filed by that sheriff’s office with the Attorney General of Texas.  The report provides very little information regarding Mr. Morales’ death.  Mr. Morales was 48 years old at the time.  The report indicates that Mr. Morales asked that his blood pressure be checked.  Local EMS then appeared at the jail to assist, and a decision was made to transfer Mr. Morales to an emergency room at a local hospital.  During transport, Mr. Morales experienced complications.  He ultimately passed away at the hospital.

On November 15, 2017, Jerry Louise Hill passed away after being in the custody of the Galveston County Sheriff’s Department.  Information in this post was obtained from a custodial death report filed by the Galveston County Sheriff’s Department with the Attorney General of Texas.  We make no allegations of any wrongdoing in this post but are simply providing information based on that report.

The report indicates that Ms. Hill began her incarceration at the Galveston County, Texas Jail on August 8, 2017.  Allegedly, on November 12, 2017, at approximately 9:36 p.m., while in the Galveston County Jail, Ms. Hill displayed signs of heavy breathing.  An on-duty deputy contacted jail medical personnel for assistance.  EMS was also called after jail medical personnel examined Ms. Hill.  EMS transported Ms. Hill to the University of Texas Medical Branch (“UTMB”), and Ms. Hill was admitted to the ICU.  Ms. Hill passed away three days later at UTMB.

Our firm has no information regarding the cause of death for Ms. Hill.  However, heavy breathing is a symptom of a common problem in jails – sepsis.  Sepsis is a serious illness that, if not treated properly and promptly, can cause death.  There are a number of other sepsis symptoms, including confusion and low blood pressure.  Jails should have in place specific criteria for determining whether inmates have sepsis, so that inmates can receive emergency medical treatment in a local hospital.  Once again, as referenced above, we have no indication as to what caused Ms. Hill’s death, and are making no allegation that she died of sepsis.  Information about sepsis in jails is provided simply as a public service.

Stephen Roshard Gayle, a 40-year-old man, died on September 28, 2017 while in the custody of the Temple Police Department.  We make no allegations in this post that anyone did anything wrong or inappropriate.  Instead, information obtained in this post was extracted from a custodial death report filed by the Temple Police Department with the Attorney General of Texas.

On Thursday, September 28, 2017, at approximately 7:30 p.m., the Temple Police Department received a call about a man near an apartment complex.  Several patrol officers responded to the scene, and Mr. Gayle was allegedly screaming and yelling at children playing football in the area.  Police officers ultimately decided to arrest Mr. Gayle for alleged public intoxication.  They handcuffed Mr. Gayle without resistance.  Allegedly, after Mr. Gayle was put into the police vehicle, he resided attempts to secure him into the vehicle.  Officers then hit Mr. Gayle with their hands and/or knees, and moreover physically restrained Mr. Gayle’s feet in a three-point restraint system.  Officers then removed Mr. Gayle from the vehicle and allegedly placed him on his back in the grass next to the roadway.  Police officers then allegedly called for emergency medical services to check Mr. Gayle’s well being.  Allegedly, Mr. Gayle became unresponsive while emergency personnel were assessing him.  Mr. Gayle was ultimately transported to Baylor Scott & White Hospital in Temple, where he died.