The Jasper County Sheriff’s Office filed, on June 18, 2019, a custodial death report with the Attorney General of Texas regarding the death of Charles Thomas Merkelz. Mr. Merkelz passed away on March 21, 2019. Thus, it appears that the Jasper County Sheriff’s Office violated Texas law by not filing the custodial death within 30 days after Mr. Merkelz’s death. We are uncertain why it took the Jasper County Sheriff’s Office nearly three months to file that report. Regardless, we make no allegation of any wrongdoing related to Mr. Merkelz’s death but are simply providing in this post some information obtained in that report.
Mr. Merkelz was only 34 years old at the time of his death. Mr. Merkelz was incarcerated in the Jasper County jail at 101 Burch Street in Jasper, Texas, on February 15, 2019, at approximately 1:16 p.m. On March 20, 2019, at approximately 1:25 p.m., Mr. Merkelz asked a jailer for an ice pack for a throbbing toothache. The jailer asked Mr. Merkelz, “Why an ice pack?” The jailer told Mr. Merkelz to put in a nurse request and obtain something for the pain if it was that bad. Mr. Merkelz then asked for the nurse, but the jailer told Mr. Merkelz that the nurse was not there. The jailer then went to the kitchen and gave Mr. Merkelz an ice pack.
There is a further description of a jailers, who was working book-in, making visual checks of prisoners. However, the date reads “03/2019.” Therefore, we are unable to determine when those checks occurred.
On March 21, 2019, a jailer knocked on the door of the cell in which Mr. Merkelz was being held. Mr Merkelz did not respond. Therefore, the jailer asked for his cell door to be opened. After the door was opened, the jailer called Mr. Merkelz’s name, he was still unresponsive. EMS was ultimately called to the scene and Mr. Merkelz was pronounced deceased at some point.
Mr. Merkelz left a suicide note, found by an investigator and a Texas Ranger investigating the custodial death.
The standard custodial death report form contains a series of questions regarding whether a decedent, at any time during the incident causing death and/or entry into the law enforcement facility, did or said certain things. In answer to a question whether Mr. Merkelz appeared intoxicated by alcohol or drugs, the reporter typed “Unknown.” In answer to a question whether Mr. Merkelz exhibited any mental health problems, the reporter typed “Unknown.” In answer to a question whether Mr. Merkelz exhibited any medical problems, the reporter typed “Unknown.” However, in the narrative portion of the report, the reporter wrote, “I was advised by jail staff that Merkelz had a history of attempting suicide and that he had been placed in a facility in Port Arthur, TX for his mental issues.” Therefore, it appears that jail staff were aware that Mr. Merkelz was a suicide risk.
It is likely that the Texas Commission on Jail Standards conducted a custodial death investigation.
Without regard to Mr. Merkelz’s situation, Texas prisoners have the right to be protected from themselves and others. This right, for pre-trial detainees, arises from the 14th Amendment to the United States Constitution. If jailers, a county, or a city violate this right, they can be liable to certain family members surviving a person who commits suicide. Most such cases are filed in federal court.
