Category: Medical Care

The Nueces County Sheriff’s Office, in Corpus Christi, Texas, filed a report with the Attorney General of Texas regarding the death of Eddie Garcia. Mr. Garcia was only 29 years old at the time of his death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone regarding Mr. Garcia’s death after being in the Nueces County jail.

Apparently, the Nueces County Sheriff’s Office was not careful when filing a report regarding Mr. Garcia’s death. The report indicates that Mr. Garcia was initially in custody and/or involved in the incident leading to his death on June 10, 2021 at 1:19 a.m. The report also indicates that Mr. Garcia passed away at 7:16 p.m. on June 12, 2021. However, the summary portion of the report indicates that Mr. Garcia was not discovered until June 18, 2021 – 6 days after his supposed June 12, 2021 death. The summary portion of the report reads in its entirety:

“On June 18, 2021 at 18:20 hours, Correctional Officer Stephen Williams discovered inmate Eddie Garcia (housed in Cell 28 of Unit DSC at the McKinzie Jail Annex) to be kneeling under a shelf with something tied around the shelf and around Garcia’s neck. Officer Williams opened the cell door and called out to Garcia and received no response. Officer Williams called a Signal 35H (Inmate Hanging) over the radio for emergency assistance. Officer Williams lifted Garcia’s body to support its weight and removed the linen from the shelf to place him on the floor. the linen was removed from Garcia’s neck and no pulse could be located. Sgt. Wesley Perez, who responded, called 911 for EMS. Nurse H. Schober arrived on scene and began life saving measures (CPR and AED). At 18:30 hours, Corpus Christi Fire Department paramedics arrived in the unit. At 18:40 hours, EMS staff departed with inmate Garcia to Christus Spohn Hospital Shoreline. At 19:16 hours, inmate Garcia was pronounced deceased at the hospital At 18:33 hours, Captain Patrick Whitmore (on-call Jail Captain) and Capt. Roberto Garza (CID) were notified of the death in custody. Shortly thereafter, Capt. Whitmore, CID Sgt. Timothy Revis arrived at the McKinzie Annex. Texas Rangers, Rodney Henderson and Steve West, also arrived to begin their investigation.”

Aside from the obvious errors regarding dates and times, the custodial death report did not contain any information in the fields in response to the following: death code; manner of death description; custody code; code of charges; intoxicated; and medical treatment description. The report did indicate that Mr. Garcia allegedly did not make any suicidal statements, did not exhibit any mental health problems, and did not exhibit any medical problems.

The report does not indicate anything regarding whether Mr. Garcia was appropriately observed in accordance with Texas Commission on Jail Standards requirements. Certain observations must occur, at certain time intervals, depending on the status of a particular pretrial detainee. Our Texas civil rights law firm sees far too many situations in which jails fail to comply with minimum standards. If inmates are not properly observed, then serious injury and/or death may occur.

Further, we continue to see far too many suicides in Texas jails. Our law firm has litigated and is litigating a number of suicide cases. If jailers know that a person has significant mental health issues, and/or is clear about an intent to harm himself or herself, jailers must continuously observe that inmate. It takes just a few minutes for a person to commit suicide, and inmates typically do so through use of a ligature. Therefore, aside from just observation, jailers must assure that inmates do not have in their cells things with which they can commit suicide.

The right of a person to be protected from himself or herself, while incarcerated in a jail, is guaranteed by the 14^th Amendment to the United States Constitution. A federal statute allows certain family members to sue if an inmate dies as a result of deliberate indifference or unreasonableness on behalf of jailers and others. Further, the same statute allows potential claims if a policy, practice, and/or custom of a Texas city, town, and or jail leads to a death in such circumstances.

When allegedly trying to force an exit from his Galveston County Jail cell during a struggle with jail staff members, 47-year-old Ariel Ledesma was pushed back and struck his head. On December 14, 2020, Mr. Ledesma died of a head injury resulting from that incident.

One way county jails are to help prevent the deaths of inmates is by addressing the problem of suicide. In virtually every jail in the U.S., suicide is the leading or second leading cause of death. Jail staff members receive training on how to detect and prevent inmate suicide.

The following statistics demonstrate the importance of understanding the threat of suicide in Texas jails. These statistics were provided by the Texas Commission on Jail Standards (TCJS), which establishes minimum jail standards for county jails.

Of the suicides in Texas jails:

• 24% happen within the first 24 hours that an inmate is incarcerated.
• 27% occur between the second and 14^th days of incarceration.
• 20% of the suicide victims are intoxicated when they take their own life.
• 93% of the suicides happen using hanging as the method.

The following statistic highlights the importance of inmate supervision, a topic spotlighted in the first segment of this series:

• 31% of suicide victims are discovered more than 60 minutes after the last face-to-face observation.

See Part 1 of this ongoing series.

Providing assistance to Texas county inmates is the purpose of the posts on this website. There is no intention to infer that misdeeds have occurred on the part of persons or institutions.

–Guest Contributor

Ariel Ledesma died of a head injury in Galveston County Jail at age 47 on December 14, 2020. He had been incarcerated for 16 days at that time. The summary of the cause of death in the custodial death report indicates that jail staff was attempting to secure the cell as Mr. Ledesma tried to exit and he was pushed backward and struck his head.

Although it is required that jail staff members help to protect inmates against violence, it is not uncommon for inmates to become victims of brutality. Numerous studies have found that when jail staff members are perceived as diligently monitoring the activities of inmates, assaultive behavior is reduced.

The Texas Commission on Jail Standards has provided minimum jail standards that include specific time frames for supervising inmates with face-to-face contact. The following is from the Texas Administrative Code.

TITLE 37; PART 9; CHAPTER 275-Supervision of Inmates; RULE §275.1

Around the clock, each Texas county jail must be staffed with the appropriate number of jailers. Face-to-face observation of inmates is required as follows:

• All inmates must be observed at least once every 60 minutes at most.
• The requirement for supervising inmates who are potentially suicidal, mentally ill, assaultive, or who have behaved in a bizarre manner is to make a face-to-face observation every half hour.

Learn more in this ongoing series.

The purpose of this website’s posts is to help prisoners currently and formerly detained in county jails in the state of Texas. It is never intended on this site to suggest that individuals or organizations engaged in wrongdoing.

–Guest Contributor

The Hale County Sheriff’s Department, in Plainview, Texas, filed a custodial death report regarding the death of Rick Dillion Criswell. Mr. Criswell was only twenty-five years old at the time of his unfortunate death. We provide in this post information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

Mr. Criswell was originally incarcerated in the Hale County, Texas jail on April 10, 2021. He passed away on or about June 22, 2021. The summary portion of the report reads in its entirety: “Subject had been in our custody for 74 days when he was found hanging (by jail stuff) in his cell when it was subject’s time to be called for outside rec.”

The report indicates that Mr. Criswell did not make suicidal statements or exhibit any mental health problems. Therefore, it is uncertain as to whether jailers had any knowledge that Mr. Criswell might harm himself.

There are unfortunately far too many suicides in Texas county jails and city holding facilities. The 14^th Amendment to the United States Constitution guarantees the right of pre-trial detainees to be protected from themselves and others. It also requires that reasonable medical and/or mental health care be provided when necessary. If the Constitution is violated, and a person dies as a result, certain family members might be able to bring claims in a lawsuit. This is general information and, once again, we have no information indicating that Mr. Criswell’s death was a result of any wrongdoing.

The minimum jail standards set out by the Texas Commission on Jail Standards (TCJS ) include many guidelines designed to keep inmates and others safe. The results of inspections of Texas county jails found to be in noncompliance result in Jail Inspection Reports that are made public. It is sometimes troubling to see the alleged minimum jail standards violations that are related to inmate safety. For instance, in a report for June 1, 2021, an inspector reported that jailers at a county jail in Texas had failed to entirely complete a document that helps to identify whether an inmate may be suicidal or have mental impairments. The following is another example.

Noncompliance: Checking Inmates in Restraints

Some of the rules related to restraints were covered in Part 2 of this series. One requirement that was not mentioned was that every 15 minutes at most jailers must check an inmate who is being held in restraints. During these checks, the circulation of the inmates’ extremities must be examined to ensure that blood circulation has not been cut off. A TCJS inspector made the following note about noncompliance in a report dated June 7, 2021:

• On two separate occasions in April 2021, jailers failed to conduct the quarter-hour face-to-face observations of inmates in restraints.

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

This website’s posts purpose to assist Texas inmates in county jails. There is no intent to suggest that persons or institutions have been involved in misdeeds.

–Guest Contributor

The Parmer County jail in Farwell, Texas, failed an inspection by the Texas Commission on Jail Standards (“TCJS”). The TCJS conducted the inspection on June 15, 2021.

The Parmer County jail failed to comply with, in our opinion as a Texas law firm handling jail death cases, a serious requirement of the TCJS. The inspector determined that Parmer County jail staff exceeded the 30-minute welfare check requirement by as little as one minute and by as much as up to ten minutes – on a continuous basis. The TCJS requires that inmates confined in a holding cell or detoxification cell be observed by jail staff at intervals not to exceed 30 minutes.

We have unfortunately handled a number of cases in which the primary issue is the failure of city of county jail staff to properly observe inmates. Inmates who are intoxicated, have medical issues, or have self-harm issues, must be properly observed. If jailers fail to properly observe inmates, then serious injury and/or death can occur.

Medical issues are addressed in the rules of Texas county jail operations in connection with restraints. It’s just another way in which jails are commissioned to protect the health of inmates. The following requirements set out by the Texas Commission on Jail Standards (TCJS ) apply when inmates are placed in restraints:

• The medical condition of an inmate should be assessed by an appropriate member of the jail staff prior to placing him or her in restraints.
• Restraints are used in jails when inmates are endangering themselves or others by the behavior they are exhibiting. Inmates’ movements must only be restricted to the extent necessary to prevent injurious behavior.
• Any physical infirmities that an inmate has must not be exacerbated by the manner or position in which he or she is restrained.
• After every two hours at most, inmates in restraints must receive medical care. During this time, they must be able to change positions, exercise their extremities, and use toilet facilities.  Their vital signs must be taken, and they must be offered food and drink.

See Part 1 of this continuing series.

This website’s posts purpose to assist Texas inmates in county jails. There is no intent to suggest that persons or institutions have been involved in misdeeds.

–Guest Contributor

Savion Vashon Hall was 30 years old when he was booked into Midland County Jail in Midland, Texas, on June 21, 2019; and he was pronounced dead on July 19, 2019. The custodial death report reflected that he had breathing problems.

A foundational duty of Texas county jails is to ensure that inmates are protected from harm and receive necessary medical care. Preventing custodial deaths is a priority addressed by the Texas Commission on Jail Standards (TCJS ) in minimum jail standards, which provide guidelines for operation in all county Texas jails.

According to minimum jail standards, provisions are supposed to be made for inmates who need to see a doctor for health reasons.

TITLE 37, PART 9, CHAPTER 273, RULE §273.2-Health Services Plan

The following are among the procedures each jail is required to include in a Health Services Plan, per the Texas Administrative Code cited above:

• Ensuring routinely scheduled sick calls;
• Referrals for inmates to receive mental, medical, and dental services;
• Prompt and efficient care for emergency and acute occurrences;
• A method for controlling, distributing, securing storage of, inventorying, and disposing of syringes, prescriptions, needles, and hazardous waste containers;
• A method for distributing prescriptions per doctors’ written instructions by way of an individual designated by the sheriff or his or her designee; and
• Ensure that adequate first aid and patient evacuation equipment is at all times on hand.

See this continuing series to learn more.

The posts on this website purpose to assist inmates now or previously incarcerated in county jails in the state of Texas. There is no intention to infer that any person or entity has been involved in wrongs.

–Guest Contributor

What was the cause of death of 40-year-old Abdullahi Mohamed in Fort Worth, Texas? Mr. Mohamed had been an inmate at Tarrant County Jail for nine days when he was pronounced dead. The Medical Examiner ultimately reported that his cause of death was unknown and the jail only seemed to reveal that he had been recognized as possibly mentally ill.

The seriously mentally ill inmates in county and city jails throughout the U.S. were the subjects of research conducted in recent years. The following are some of the resulting statistics:

• 20% of the 744,600 prisoners in city and county jails had a serious mental illness, which totaled 149,000 that year. The number has only grown.
• Mentally ill inmates at a particular jail outside Texas were typically incarcerated longer than other prisoners, with the average inmate stay being 42 days except for the mentally ill, who stayed, on average, for 215 days.
• It costs more to house mentally ill prisoners than other prisoners. Psychiatric medications constitute a significant portion of the increased cost for the mentally ill.
• The challenge of behavioral management is another element of the high cost of housing mentally ill inmates.
• Compared to other prisoners, mentally ill inmates are more prone to commit suicide.

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

The aim of posts on this website is to provide help for county jail inmates in Texas, whether currently or formerly incarcerated. It is never intended to suggest that wrongdoing has occurred on the part of persons or entities.

–Guest Contributor

When Abdullahi Mohamed died in Fort Worth, Texas, at Tarrant County Jail on June 25, 2020, he was only 40 years old. The medical examiner did not find a cause of death, according to the custodial death report. The only potentially helpful information released on Mr. Mohamed is that he likely suffered from mental health problems.

A watchdog group in Texas has acknowledged the fact that jails and prisons in Texas have become mental health warehouses. Counties struggle to provide care for the chronic needs of mentally ill prisoners. Treatment programs are far better equipped than jails to provide a stabilized situation for mental health issues. There is critical underfunding, however, of programs that can better make effective recommendations for medical treatment, supervised regimens of medication, and recommend programs to address mental health problems.

The watchdog group prepared a study and made the following suggestions and more:

• Compel behavioral health authorities in local jurisdictions to better prioritize individuals caught in the criminal justice system.
• Make sure that inmates in a mental health crisis have ready access to beds in a treatment area.
• Improve the system of information exchange between practitioners in the criminal justice system and local probation departments as well as parole agencies. The goal is to integrate a system of continuous care by providing substance abuse treatment, mental health services, and other medical services that are needed.

Learn more in Part 1 and this continuing series.

With the goal of helping inmates now or formerly held in a county jail in Texas, posts are provided on this website. There is never an intention to implicate persons or entities in wrongdoing.

–Guest Contributor