Category: Medical Care

According to the custodial death report filed by the Cherokee County Sheriff’s Department in Rusk, Texas, Justin Lewis Pegues fled from police in a pre-custodial incident. As a result of the ensuing activity on January 14, 2021, Mr. Pegues was shot and died.

The following continues with findings from a report on police-involved shootings in Texas.

“Incident Cause” Categories

Reports on police-involved shootings are separated into five “incident cause” categories, those being:

1. Traffic Stop
2. Emergency/Request for Assistance
3. Executing a Warrant
4. Barricade/Hostage/Other Emergency
5. Other

In 638 reports, police-involved shootings have a single cause; this constitutes 84.2% of all incidents.

More than one cause is listed in 57 reports of police-involved shootings.

At 50.9%, more than half of the incidents are listed with Emergency/Request for Assistance as the cause.

Statistics on Civilians Shot in Police-Involved Shootings

In 2019, there was a 25.9% increase in the total number of citizens (civilians) shot in a police-involved shooting as compared to such incidents that occurred in 2017. As compared with 2018, the increase was 14.4%.

When the number of civilian shootings is analyzed according to severity type–meaning injury or death– the data indicates that each year, the number of civilians who died as a result of a police shooting increased.

The number of citizens’ deaths and injuries resulting from police-involved shooting incidents for each of the years included in the study follows:

• 2016: 83 civilian deaths and 93 civilian injuries; the survival rate for civilians was 52.8%
• 2017: 83 civilian deaths and 80 civilian injuries; the survival rate for civilians was 49.1%
• 2018: 102 civilian deaths and 71 civilian injuries; the survival rate for civilians was 41.0%
• 2019: 108 civilian deaths and 77 civilian injuries; the survival rate for civilians was 41.6%

See Part 1 and Part 2 of this three-part series.

Implying that any person or entity has been a participant in wrongs is never an intention on this website. Helping inmates in Texas county jails is the purpose of posts on this site.

–Guest Contributor

On January 15, 2021, the Cherokee County Sheriff’s Department in Rusk, Texas, filed a custodial death report on 26-year-old Justin Lewis Pegues, who died on January 14, 2021. Mr. Pegues was in the custody of Cherokee County law enforcement personnel but was fleeing arrest at the time of his death. 

A watchdog group released a report on police-involved shootings in the state of Texas that occurred over the course of four years–2016 thru 2019. Data from documents filed for shootings are analyzed in this report. The goal in preparing findings was to identify patterns and compare citizen (civilian) and officer injuries and fatalities during police-involved shooting incidents spanning a range of different variables.

Findings in a Study of Police-involved Shootings in Texas

• More than half of all Texas officer-involved shootings happened in the most highly populated counties, including Harris, Dallas, Bexar, Travis, and Tarrant.
• Over the years included in this study, there was an increase in both the total number of citizens shot in police-involved shootings and the number of citizens who were killed in those shootings.
• More than 50% of the citizens shot by law enforcement officers died, which reflects the finding that the survival rate of citizens shot in a police-involved shooting is decreasing.
• The survival rate of officers shot during police-involved shooting incidents is almost double the survival rate of citizens shot by police officers.

See Part 1 of this continuing series.

Making implications of misdeeds on the part of any individual or institution is never intended on this website. Posts are added to help prisoners now or previously incarcerated in county jails in Texas.

–Guest Contributor

Justin Lewis Pegues died in Rusk, Texas, at 26 years of age on January 14, 2021, following a pre-custodial encounter with law enforcement officers in Cherokee County, Texas. The manner of death listed on the custodial death report is homicide (includes justifiable homicide).

A study was done on the use of force both by police and against law enforcement personnel, and the use of excessive force was explored. It is a complex issue to tackle judgments that lead to excessive force, and many considerations are involved, per a report about the study.

Even the matter of judging what constitutes excessive force is complicated. The viewpoint of the person making a call about what excessive force is affects the definition. For example, judges apply legal standards, police administrators apply professional standards, and citizens use standards of common sense.

The following are questions that come into play when making judgments on the issue of excessive force and how to evaluate related actions:

• What role should the characteristics and actions of the suspect play?
• By what standards are the characteristics and actions of the law enforcement officer weighed?
• How do situational factors influence judgments – namely, location, time of day, and the number of bystanders?
• What are the opinions of the general public regarding professional and legal criteria for determining excessive force?

Learn more in this continuing series.

Implying that any person or institution has been involved in wrongdoing is never intended on this website. Posts are added to benefit inmates currently or formerly held in county jails in Texas.

–Guest Contributor

Jesse Daniel Davila was a suspect in an encounter with law enforcement officers with the Edinburg Police Department in Edinburg, Texas, Hidalgo County, on January 11, 2021. Mr. Davila, age 29, was shot and killed during that incident. The custodial death report shows that he had resisted arrest and tried to injure an officer.

The Texas Commission on Jail Standards (TCJS) has approved the use of restraints in circumstances when the behavior of inmates threatens harm to themselves or others. Restraint chairs are among the approved restraint devices. Continuing from earlier references to a study done on the use of force by and against the police, the following is information about restraints.

Restraints

The study included a survey form listing only three types of restraints, those being handcuffs, leg cuffs, and more severe restraints, including hobbles or body cuffs. As a result of the survey, it appears that restraints are frequently but not universally used. Handcuffs are predominant, but in approximately 1.3% of the arrests, more severe restraints were used. Applying handcuffs is not typically considered an act that involves force. Our understanding of force is associated with suspects being injured and, in some circumstances, even killed. 

Learn more in Part 1 and Part 2 of this three-part series.

There is no intention on this website to make an implication of misdeeds having been done on the part of anyone or any entity. This site provides information intended as helpful resources to help inmates now or previously incarcerated in Texas at a county jail.

–Guest Contributor

Jesse Daniel Davila was in the custody of law enforcement personnel with the Edinburg Police Department in Edinburg, Texas, when he reportedly tried to flee from arrest. The custodial death report shows that Mr. Davila tried to injure law enforcement personnel. He died from gunshot wounds on January 11, 2021, at the age of 29.

Weapons Continued

The data from all resources used in the aforementioned study combine to show the frequency with which officers report that certain weapons were used, displayed, or threatened to be used, as follows:

• Police officers did not use a weapon in 97.9% of all adult custody arrests. 
• During the same arrests, 99.3% involved a suspect that did not use a weapon, either. 
• As was previously mentioned, the weapon most frequently used by police was some form of pepper spray, mostly oleoresin capsicum, which was used in 1.2% or 88 of the arrests included in this study.
• Flashlights were the second most frequent weapon used, which came to 41 arrests or 0.5% of the arrests.
• In only 11 or 0.1% of the arrests examined in the course of the study, police used handguns.
• In 7 or 0.1% of the arrests, shotguns or rifles were used by the police. No officer reported that such use involved the discharge of a firearm.
• The weapon used by suspects most frequently was a knife. Knives were used in 18 or 0.2% of all arrests.
• Suspects used a handgun in 12 or 0.2% of the arrests.
• Suspects used shotguns or rifles in 5 or 0.1% of the arrests considered in this study.

Learn more in Part 1 and this ongoing series.

There is not an intention on this website to imply that any person or institution has participated in wrongs. The purpose of this site’s posts is to provide resources helpful to county jail inmates in Texas.

–Guest Contributor

The Hidalgo County jail, in Edinburg, TX, recently failed an inspection by the Texas Commission on Jail Standards (TCJS). The TCJS inspection occurred between November 8, 2021 and November 10, 2021. The Hidalgo County Jail is now listed as being non-compliant by the TCJS.

The TCJS inspector found that the Hidalgo County jail violated two minimum standards. First, Hidalgo County jail records failed to show that medications were being distributed in accordance with written instructions from a physician. The medication administration records should have shown that medications were provided to inmates as directed by healthcare providers. Our law firm has found that this is a significant issue in some jails across Texas, and we are in fact litigating a case against Red River County as a result of a jail death and have uncovered evidence of failure to show that medications were properly distributed in that jail.

The TCJS inspector also determined that the Hidalgo County Jail was apparently not providing inmates one hour of supervised recreation at least three days per week. Hopefully, the Hidalgo County Jail will bring itself into compliance with minimum standards.

On January 11, 2021, in Edinburg, Texas, 29-year-old Jesse Daniel Davila died after an encounter with law enforcement officers with the Edinburg Police Department. The custodial death report filed by the police department indicates that Mr. Davila died of gunshot wounds to the trunk. The manner of death was homicide, which includes justifiable homicide.

A police department in Texas participated in a study about force used against police and by police. The conglomeration of law enforcement managers who collaborated on this project wanted to promote the use of consistent measures in the process of drawing conclusions. Consistent findings across six jurisdictions show that in the course of most arrests, neither the police nor suspect used any type of force. 

The study also found that in situations where some level of force is used during an arrest, usually no weapon is either used, displayed, or threatened. The most frequent weaponless tactic of force used by police is grabbing only–not, for example, kicking, wrestling, or hitting.

Weapons

A strong consensus among the study’s participating agencies is that using a weapon constitutes force. If a handgun or rifle is used, those situations involve more force than other weapons, such as batons and pepper spray (oleoresin capsicum). The definition of “use” was also an issue of debate. For example, must a firearm be discharged to be “used”? 

It is not clear whether the threatened use, possession, or display of a weapon by law enforcement officers or by suspects constitutes force.

Learn more in this series.

Suggesting that any individual or entity has been a participant in wrongdoing is never an intention on this website. With the aim of providing potential assistance to inmates now or previously held in Texas county jails, posts are added to this site.

–Guest Contributor

The Lynn County Sheriff’s Office allegedly used pre-custodial force on 73-year-old Eustacio Gallegos in Tahoka, Texas, on October 29, 2021. This was shortly before his death on the same date, according to the state report about the death of Mr. Gallegos.

The Texas Commission on Jail Standards (TCJS) has approved various restraint devices for use in Texas county jails. Those devices include the standard handcuffs as well as a WRAP device and restraint chairs. The following is a continuation of the previous post in which restraint devices are described.

Descriptions of Restraint Devices Continued

The WRAP. The WRAP device was designed for the specific purpose of securing an individual’s arms, legs, and torso.

Stun Belt. A stun belt or stun gun, as it is more commonly known, is an electrical stun device. The belt is placed around an inmate’s waist. If the inmate needs immediate and serious control, deputies can turn on the stun device using a remote control. 

According to the document about restraints that is from a county outside of Texas, deputies use restraints to secure inmates during the pre-admission phase of the booking process; when transporting inmates to and from the jail and places such as the courthouse or hospital; during court hearings other than jury trials; and in other circumstances. 

Learn more in Part 1 and Part 2 of this series.

Making an implication that any person or entity has engaged in misdeeds is never an intention on this website. Helping county jail inmates in Texas is the purpose of the posts on this site. This applies whether the inmate is currently or previously detained in a county facility.

–Guest Contributor

In Tahoka, Texas, Eustacio Gallegos was in the custody of the Lynn County Sheriff’s Office when pre-custodial force was used on him, according to the custodial death report. Mr. Gallegos died on October 29, 2021, while he was still in pre-custodial status. He was 73 years old at the time of his death.

The Texas Commission on Jail Standards (TCJS) has approved the use of various types of restraint devices that can be used when inmates are exhibiting behavior that could be a threat to themselves or others. Details about various restraints are described below, and the descriptions are from an information sheet prepared by a county sheriff’s office outside of Texas.

Descriptions of Restraint Devices

Restraint. A restraint is a device that is used to control and secure the feet, legs, arms, hands, torso, and/or head of an inmate.

Hard Restraints. Leg braces, handcuffs, and leg irons are examples of hard restraints.

Police Officer Hold. When a law enforcement officer is taking a person into custody and there is probable cause to suspect that the person is a danger to himself or others and in need of immediate custody, care, or treatment for mental illness, a police officer hold can be used to restrain that person.

Emergency Restraint Chair. A restraint chair is a chair with straps that restrains the arms, legs, and torso of an inmate.

Learn more in Part 1 of this continuing series.

Suggesting that a person or organization has been engaged in wrongdoing is never intended on this website. Each post is added as a helpful resource for inmates now or formerly detained in county jails in Texas.

–Guest Contributor

Eustacio Gallegos was 73 years old on October 29, 2021, when he died in the custody of Lynn County Sheriff’s Office in Tahoka, Texas. In the custodial death report, the type of custody indicated at the time of the decedent’s death shows pre-custodial use of force. The report also indicates that Mr. Gallegos exhibited mental health problems.

The Texas Juvenile Justice Department provides Texas county jails with specific actions to take in consideration of inmates that are or may be mentally ill. This includes the chapter on the classification and separation of inmates. The idea is for inmates to be classified and housed in the least restrictive available housing without jeopardizing the safety of inmates, staff members, or the public. 

Potential risk factors are considered during this process, and those risk factors include such matters as escape history, current offense or conviction, stability factors, and drug and/or alcohol abuse.

There are minimum, medium, and maximum custody levels. Inmates must be placed in appropriate areas. Special units include mental and medical housing, disciplinary separation, protective custody, administrative separation, and inmates who are pregnant. 

Intake screening is important and must be completed immediately as inmates are admitted so that mental health, medical, and other special needs that require an inmate to be placed in special housing units can be identified. 

Learn more in this continuing series.

It is never an intention on this website to make an implication of wrongdoing on the part of persons or institutions. The purpose of each of the posts added on the site is to provide helpful information that might assist inmates currently or formerly imprisoned in a Texas county jail.

–Guest Contributor