Category: Medical Care

The Randall County Sheriff’s Department, in Amarillo, Texas, filed a report regarding the custodial death of Tobe Lee Fluty, Jr. Mr. Fluty was only 42 years old at the time of his death. We provide in the post information we obtained from that report and make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety “Inmate Fluty, Tobe Lee, Jr DOB xx/xx/xxxx was arrested and booked on 01/19/2023 for four Amarillo Municipal charges. On 01/22/2023 Inmate Fluty reported having chest pains and possible cardiac issues and was transported to North West Texas Hospital. He was seen and tested by hospital staff and later cleared to return to the jail. On 01/23/2023 10:59AM Inmate Fluty was taken to medical at request of the Officer on duty in the housing area Fluty was assigned. At 11:15 Inmate Fluty was cleared by medical having normal vital signs. 11:29 Inmate Fluty was returned to medical by wheel chair after falling in the hallway outside of his housing location. At 11:35 it appears inmate Fluty is unconscious and life saving measures were started. At 11:50 inmate Fluty is loaded on the Ambulance’s gurney and loaded into the Ambulance for transport to North West Texas Hospital. CPR was being provided in the Medical area and as they were loading inmate Fluty into the Ambulance. Inmate Fluty regained a heartbeat either in-route to the hospital or on arrival emergency room and he was listed in critical condition. Randall County Sheriff’s Office was notified by North West Texas Hospital staff that inmate Fluty had died Custodial Death Report :: Page 7 of 7 01/24/2023 at 8:08AM. The Texas Rangers had already been notified on 01/23/2023 of the situation with inmate Fluty and Ranger Scott Swick began his investigation. He was also notified of inmate Fluty’s death and he went to the hospital to continue his investigation. Inmate Fluty’s autopsy is scheduled for 01/26/2023 at 8:30AM at Texas Panhandle Forensics in Lubbock texas.”

Mr. Fluty was apparently arrested only for failing to have insurance and control his speed.

Jails in Texas are required to provide appropriate medical care to detainees. If jailers and/or others fail to provide appropriate medical care, and a person dies as a result, then certain family members may be entitled to file a federal civil rights lawsuit. Our firm is litigating a number of such cases across Texas.

The Cameron County Sheriff’s Department at 7300 Old Alice Road in Olmito, Texas, promptly filed the custodial death report (CDR) on Johnny Gutierrez on January 31, 2023. Mr. Gutierrez made suicidal statements during intake, per the CDR. Tragically, he took his own life by hanging himself with his mattress cover. Mr. Gutierrez was pronounced deceased on January 27, 2023. He was only 39 years old.

Texas Prisons and Jails See an Increase in Suicide

Watchdog groups have cited inadequate staffing and insufficient provisions for mental health care as reasons for increasing numbers of suicides and attempts at suicide in Texas jails and prisons. Since supervision is recognized as an effective suicide prevention measure, the prevalence of understaffing in jails is a major concern.

Many suicides occur in single-occupancy cells and in solitary confinement, where suicidal behaviors are exacerbated.

Another Texas County Jail Prisoner Commits Suicide

On January 20, 2023, a 29-year-old inmate in a Texas county jail died as a result of suicide. According to jail records and discussions with jail staff, the decedent did not make suicidal statements or appear to have mental health issues before he took his own life. The inmate removed his jail uniform and secured it to the metal ceiling. He then used the clothing to hang himself by the neck.

Learn more in Part 1 of this ongoing series.

Providing helpful resources for Texas inmates detained in county and municipal jails is the purpose of this website. Making accusations against persons or institutions is never intended.

–Guest Contributor

The Cameron County Sheriff’s Department, in Olmito, Texas, filed a report regarding the custodial death of Johnny Gutierrez. Mr. Gutierrez was only 39 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.

The summary portion of the report reads in its entirety:

“On Thursday January 26 2023, Inmate Johnny Gutierrez (39) hanged himself using a mattress cover while in custody at the Old County Jail (Single Cell). Inmate Johnny Gutierrez was transported immediately to the Valley Baptist Medical Center In Brownsville by EMS. Cameron County Sheriff’s Office Criminal Investigation Division contacted Texas Department of Public Safety (Ranger Division) and notified them of incident. Texas Rangers responded to the Old County Jail and processed the single cell where the male inmate was housed. On Friday January 27, 2023, at approximately 1402 hours, Inmate Johnny Gutierrez died at the Valley Baptist Medical Center Brownsville TX.”

The report indicates that Mr. Gutierrez was arrested for only possession of marijuana. The report also indicates that Mr. Gutierrez exhibited mental health problems and made suicidal statements.

The 14^th Amendment to the United States Constitution requires jailers and others who have custody of pre-trial detainees to provide reasonable medical care, reasonable mental health care, and also to protect arrestees from themselves and others. This includes a requirement that such a person be protected from known suicidal tendencies. If the Constitution is violated, and a person dies as a result, then certain surviving family members may be able to file a federal constitutional rights lawsuit.

After hearing that Michael Joseph Tokos was possibly in some type of medical distress, the jailer on duty at Jim Hogg County Jail in Hebbronville, Texas, noted the inmate’s shallow breathing. He immediately summoned emergency medical services. When the paramedics arrived, they placed Mr. Tokos in an ambulance. The coming installments of this series will provide additional insights about the November 19, 2022, jail death of Mr. Tokos.

Details on Deaths at a County Jail Outside Texas Continued

According to a researcher, between April 2020 and November 2022, at least 15 inmates have died in the custody of this county jail outside Texas.

A Heart Condition Causes an Inmate’s Death

A 48 year old inmate was discovered in an unresponsive state while he was being detained in a county jail. The jail medical staff proclaimed that he was deceased a short time later. The Medical Examiner’s Office completed an autopsy, and the results showed that the man’s death was attributed to an enlarged heart.

An Inmate Dies from the Effects of Fentanyl, Meth, and Other Toxic Substances

A 39 year old inmate died at the jail in the summer. Few details were provided, but the results of an autopsy indicated that it was an accidental death caused by the combined toxic effect of various substances, including methamphetamine and fentanyl.

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

Providing resources of benefit to Texas prisoners who are or have been incarcerated in municipal and county jails is the purpose of this website. Accusing entities or individuals of taking part in wrongdoing is never intended.

–Guest Contributor

The Gladewater Police Department, in Texas, filed a report regarding the custodial death of Sean Caleb Denison. Mr. Denison 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.

The summary portion of the report reads in its entirety:

“Subject removed his jail uniform and secured the uniform to expanded metal ceiling and placed his weight on the clothing and used gravity to hang himself by the neck.”

Thus, the report provides no information at all about events leading up to the apparent death by suicide, whether Mr. Denison had been evaluated by a mental health professional, what if anything was learned during jail booking and intake, or other issues which would provide more context. The report does indicate that Mr. Denison was arrested only for public intoxication.

Our Texas jail neglect law firm is litigating a number of suicide cases across Texas. We likewise are litigating a number of cases where medical care was denied to detainees in Texas jails. An unfortunate pattern has developed with our cases—people being arrested for low-level offenses. It is common to see arrests for public intoxication and/or criminal trespass. Criminal trespass tends to be, in our experience, situations in which a person with significant drug and/or mental health issues might be lingering at a convenience store.

The United States Constitution requires jails in Texas to protect inmates from their suicidal tendencies. It also requires jails to provide reasonable medical care. If these constitutional guarantees are violated, and a person dies as a result, then certain surviving family members may be able to file a federal civil rights lawsuit.

The Jim Hogg County Sheriff’s Department, in Hebbronville, Texas, filed a report regarding the custodail death of Michael Joseph Tokos. Mr. Tokos was 55 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“ON 9 19,2022 THE DECEASED WAS LAYING IN BED AND ACCORDING TO THE BUNK MATES HE STARTED TO SHAKE AND ALMOST FELL OUT OF THE BUNK HE WAS IN , INMATES CALLED JAILER ON DUTY AND JAILER SAW THAT DECEASED WAS BREATHIN SHALLOW AND JAILER IMMIDIATELY CALLED FOR AN AMBULANCE, AMBULANCE REMOVED THE DECEASED FROM THE BINK AND PLACED HIM IN THE STREATCHER AND PUT HIM IN THE AMBULANCE AND STARTED ATENDING TO HIM AND DROVE OVER TO THE HALO PAD WAITING FOR THE AIR AMBULANCE WOULD ARRIVE. AIR AMBULANCE ARRIVED AND WORKED ON THE DECEASED AND EVENTUALLY STOPPED DUE TO NO PULSE , THE COUNTY JUDGE PRONOUNCED HIM DEAD AT 12:00 NOON ON 09-19-2022.”

The post provides no information about any ongoing medical issues, how often if at all Mr. Tokos had been monitored, and/or any context regarding his medical issues which resulted in his death.

It is important that government officials provide the public notice of custodial deaths. However, with regard to Mr. Tokos, the Jim Hogg County Sheriff’s Department appears to have not complied with the law. The law requires a sheriff’s department to report a custodial death to the attorney general of Texas within 30 days after the death. Jim Hogg County Sheriff’s Department apparently failed to make such a report until January 23, 2023. This was months after Mr. Tokos’ September 19, 2022 death. The Jim Hogg County Sheriff’s Department provides no explanation in the custodial death report as to why it took so long, well beyond the 30-day window, to file the report.

The United States Constitution requires jails and jailers to provide reasonable medical care to inmates. If an inmate has serious health conditions, and jailers are indifferent to those conditions, and fail to obtain medical care, and a person dies as a result, then certain family members may be able to file a federal civil rights lawsuit. Our jail neglect and abuse law firm is handling a number of such lawsuits across Texas.

During the booking process at Travis County Jail on January 10, 2023, it was noted that Israel Resendiz Molina appeared to be intoxicated on drugs or alcohol. He also exhibited mental health problems. On the morning of his death, January 14, a jailer observed that Mr. Molina appeared to be experiencing hallucinations in his single-occupancy cell.

Victor Rene Gonzales Dies on his 4^th Day in Travis County Jail

Victor Rene Gonzales was booked into Travis County Jail at 500 W. 10^th Street in Austin, Texas 78701 on September 1, 2022. During intake, it was noted that he didn’t seem to have a medical problem and there was no appearance of being suicidal, intoxicated, or mentally disabled.

A custodial death report (CDR) about Mr. Gonzales was filed by the Travis County Sheriff’s Department on September 21, 2022. The CDR indicates that he was seen lying naked in his single cell at about 10:00 AM on September 3. At that point, he was alert and conscious. He was scratching his body. Minutes later, Mr. Gonzales communicated through the intercom that he was having trouble breathing. He did not know what the cause was, he said. He only knew that he could not breathe.

Mr. Gonzales was soon told to get dressed so that he could be escorted to be seen by medical staff. At 10:20 AM, he began gasping for breath and became unresponsive when another officer joined in the attempt to get him moved to medical.

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

This website is intended as a resource for inmates detained in Texas municipal and county jails. Suggesting that any person or institution has been a participant in misdeeds is never intended on this site.

–Guest Contributor

The Travis County Sheriff’s department, in Austin, Texas, filed a report regarding the custodial death of Israel Resendiz Molina. Mr. Molina was 47 years old at the time of his death. We provide information we obtained from that report, and we make no allegation of any wrongdoing against anyone.

The summary portion of the report reads in its entirety:

“On January 14, 2023, at approximately 0740 hours, decedent was experiencing hallucinations in his single person jail cell, prompting a medical evaluation request. A short time later, Medical Staff arrived to complete the evaluation and located the decedent on the cell floor, unresponsive. Staff administered life-saving measures until relieved by EMS staff who transported the decedent to the Hospital where continued life-saving measures were unsuccessful.”

The report provides no information at all regarding what led to Mr. Molina experiencing hallucinations, what if any medical care he had been receiving, and/or what if any mental health evaluations had occurred. The report indicates that Mr. Molina was arrested for driving while intoxicated, and entered the Travis County jail on January 10, 2023 at 8:37 p.m. The report also indicates that Mr. Molina exhibited mental health problems.

Texas jails continue to house mentally ill people, when such a solution is far from adequate. The United States Constitution requires Texas jails to provide both reasonable medical care and mental health care to detainees. If jails fail to do so, and jailers and/or medical personnel are deliberately indifferent to medical and/or mental health needs, and it results in a person dying in a jail, then certain surviving family members may be able to file a federal civil rights lawsuit. Our Texas jail neglect law firm is litigating a number of such cases across Texas.

Michael Tokos, who was a recent inmate of Jim Hogg County Jail in Hebbronville, Texas, has died and appears to have been in the jail’s custody at that time. A Jim Hogg County Jail custodial death is mentioned in a special jail inspection report dated November 21, 2022. However, a custodial death report has not been filed, though it was due within 30 days of the tragic event.

Jim Hogg County Jail is Cited for Noncompliance with Rule §273.5(a)(1)

In a jail inspection report dated January 5, 2022, Jim Hogg County Jail was cited for four alleged violations of minimum jail standards. Details on one of those alleged violations follows.

Rule §273.5(a)(1)-Training

Under guidelines for the Mental Disabilities/Suicide Prevention Plan, Rule §273.5(a)(1) states that training guidelines must be established. Staff members must be trained to recognize, supervise, document, and handle inmates who are at risk either because they are potentially suicidal or they are mentally disabled. The jailers who are involved with intake screening must also receive supplemental training on these topics.

• The inspector with the Texas Commission on Jail Standards (TCJS) who prepared this jail inspection report, Earnestine Sanders, noted that interviews with jail staff were conducted. The staff members said that, in the last 12 months, they have not been provided with the required Suicide Prevention Training in accordance with the Suicide Prevention Plan and Mental Disabilities Plan.

See Part 1, Part 2, and Part 3 of the ongoing series.

This website seeks to provide resources that can be helpful to Texas inmates incarcerated in county or city jails. Making accusations that wrongdoing has occurred on the part of persons or entities is never intended on this site.

–Guest Contributor

On the Texas Commission on Jail Standards (TCJS) website, Llano County Jail in Texas has been listed as a Non-Compliant Jail due to a failure to meet minimum jail standards, per a December 19, 2022, jail inspection report.

TCJS Complaints Inspector Richard Morgan has cited Llano County Jail for three alleged violations of minimum jail standards. The address of Llano County Jail is 2001 TX-16 A, Llano, TX 78643.

TCJS cited Llano County Jail for non-compliance with RULE §259.157-Remote Controls, which is in a subchapter entitled New Maximum-Security Design, Construction, and Furnishing Requirements. The jail is also allegedly noncompliant with §275.1-Regular Observation by Jailers under a chapter titled Supervision of Inmates. The third standard the jail was cited for is §271.1(f)- Objective Classification Plan in a chapter titled Classification and Separation of Inmates.

§259.157-Remote Controls

Doors to dormitories, day rooms, multiple occupancy cells, and single cells must be capable of being locked and unlocked individually by control means located remote from the cell area, and all remote door controls shall be secure.

• Complaint Case ID: 30579 was investigated, and it was found that the remote control doors of Llano County Jail are inoperable. Per the vendor, the doors are not expected to be repaired and operable for three months.

§275.1-Regular Observation by Jailers

At all times, two-way voice communication capability is required between inmates on the one hand and bailiffs, licensed peace officers, staff, and jailers on the other. Closed-circuit television is allowable but cannot take the place of personal observations.

• In the investigation of Complaint Case ID: 30579, the intercom system at Llano County Jail was found to be inoperable and, per the vendor, is not expected to be repaired and operable for at least three months.

§271.1(f)- Objective Classification Plan

Per this minimum jail standard, female inmates must be separated by sight and sound from male inmates. Males and females may participate in program and work activities simultaneously when under direct visual and proximate supervision.

• It was also discovered during the investigation of Complaint Case ID: 30579 that a female and male inmate were permitted to have in-person visits with no direct visual and proximate supervision. These visits were intended to improve inmate behavior and not as participation in program or work activities.