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'Sound like he is having a heart attack': La Salle County settles for over $1 million with family after inmate’s in custody death

More than an hour passed before jailers acted to help an inmate who eventually became unresponsive while in custody.

LA SALLE, Texas — La Salle County and the family of James Dean Davis – an inmate who died in the county’s custody – have settled a federal lawsuit for $1,150,000, according to documents obtained by KENS 5. 

'Moaning on and off all through the night'

The federal complaint filed by Davis’s father, and the Texas Attorney General’s custodial death report filed by La Salle County, state Davis was arrested on July 31, 2017 around 2 p.m. on “an outstanding warrant” for theft between $100 and $750. The AG’s report says Davis “was placed in a holding cell pending booking process,” and that he was “accompanied by two other male subjects.” 

During interviews with the two individuals who were in James’s cell that day, they stated that “James had not been feeling well and had informed the on shift jailer that he needed help.”

The same report states that during the interview with the jailer “she was informed that James had been detoxing, coming off an unknown narcotic substance,” and that “James did tell her that he was ill and wanted to see a doctor.” According to the state’s report, the “jailer did not call a supervisor or jail administrator and did not provide medical attention” to Davis, and that Davis “was moaning off and on all throughout the night.” 

Davis was found by the two other inmates the next morning and pronounced dead just before 7 a.m. by Justice of the Peace George Trigo. Davis was 42. Davis was born in Houston in 1975 and attended school in Channelview, according to the federal suit. 

The Attorney General’s Custodial Death Report lists Davis’s official death as an “accidental drug overdose.” 

Booking

According to the federal complaint, filed in June of 2019, during the booking process the on duty booking officer – identified as Jailer Hernandez – and Sergeant Martinez, also working at the jail that day, did not adequately fill out the required “Screening Form for Suicide and Medical/Mental/Development Impairment” provided by the Texas Commission of Jail Standards (TCJS). 

Attached as part of the federal lawsuit is the form Jailer Hernandez and Sergeant Martinez filed that day that only contains Davis’s name, gender and birthday. The remainder of the form, with exception to the date, who filed it and the county – La Salle – is empty. 

Some of the questions on that form ask the booking officer to identify whether the inmate will have “withdrawal symptoms”, has any chronic ailments, if they are taking medication, and several mental health questions. The form also stipulates that if the answer is “yes” to several of the questions – including if the inmate will experience withdrawals – the booking officer must “notify medical or supervisor immediately”. The instructions for that form – available on TCJS’s website – state, “Per Minimum Jail Standard §273.5, an intake screening form must be completed on all inmates immediately upon admission into the facility.” 

The federal lawsuit alleges that “if Ms. Hernandez and/or Sergeant Martinez had completed the intake form, by law, they would have been required to complete the magistrate form based upon Mr. Davis’s condition at the time of intake – serious and significant intoxication and/or impairment,” and that the “failure to complete the State-required forms, and conduct the book-in process, showed deliberate indifference to Mr. Davis’s known serious medical issues.” 

'Sounds like he is having a heart attack'

Records obtained by KENS 5 from the Texas Department of Public Safety show at least nine other arrests throughout Texas before Davis’s 2017 arrest. The listed charges, beginning in 1993 and running until 2014, contain misdemeanor charges like possession of marijuana, driving while intoxicated, driving with a suspended license and terroristic threat. They also include several felonies like theft, unauthorized use of a vehicle and burglary of a habitation.

Two of those nine charges were in La Salle County. 

The Texas Rangers report – “Questionable Death/La Salle County/Victim: James Dean Davis” -- is cited in the federal lawsuit. According to the lawsuit, Texas Ranger Randy Garcia was contacted by the La Salle County Sherriff’s Office shortly before Judge Trigo pronounced Davis dead. 

It goes on to state Ranger Garcia immediately began his investigation and questioned witnesses – including Jailer Hernandez. He found Mr. Davis as he “laid face-up on a green mattress in a jail hallway,” and that EMTs had provided medical treatment to Mr. Davis. 

As part of his investigation, Ranger Garcia obtained audio and video recordings from inside the jail. 

Ranger Garcia, according to the federal lawsuit, observed in the video recordings he obtained from the county jail that Davis wore gray shorts and shoes, “a white cut off shirt and appeared to have blood on the left chest,” at the time of his booking, 2:13 p.m. James walked into the jail, unassisted, and thanked Sergeant Galvan who gave him water after asking for some because he was “overheated”. Davis stated he hadn’t eaten and “needed to lie down”. Sergeant Martinez – at 2:22 p.m. – placed Davis into his cell. 

The suit states approximately 12 minutes later, Jailer Garza placed another inmate into the same cell Davis was in – holding cell two – where “a man’s voice could be heard moaning when Jailer Garza opened the door to the cell.” The video then shows Jailer Garza placing a blanket through the door slot a minute later. Another 12 minutes pass and Davis is seen waving for attention when he asked, “Hey, can I please get some water?” 

At 3:22, Ranger Garcia’s report states – according to the lawsuit – that “Sergeant Martinez told Jailer Garza and Encinal Police Department Chief of Police Roy Vallejo, ‘We need to do something about Mr. Davis.’”, and that “A male’s voice was heard from the cell and stated, ‘Get this mother[xxxx]r out of here!’ Jailer Garza then hollered, ‘Davis!’”

Garcia’s report, cited in the lawsuit, continues with several instances of Davis calling for help, and Sergeant Martinez responding. In a memorandum provided to KENS 5 by La Salle County, to Michael Shaunessy – the attorney representing the county – a list of “comments made by Jail staff in response to Davis’ moaning and complaining,” found in a Texas Rangers report illustrate the back and forth between several jailers. The exchanges include two other jailers, Jailer Garza and Dispatcher/Jailer Murray. The memo does not identify the time period these exchanges took place. These alleged exchanges are also cited in the federal lawsuit, under Ranger Garcia’s report, between 4:57 p.m. on July 31, 2017 and 6 a.m. the next morning. (KENS 5 has redacted some of the exchanged out of respect for parties involved.)

   Garza: “Davis is back, he’s not even eating anything either because he’s      coming down from what ever the hell he had.”

   Garza: “Davis is saying he needs EMS, he needs to go to the hospital!”

   Martinez: “For what?”

   Garza: “Isn’t he just withdrawing?”

   Martinez: “The man is taking *** medication, he should have taken care of himself.”

   Murray: “He having a baby?”

   Hernandez: “Is he puking in there again?”

   Hernandez: “’They’re pissing me off, they’re about to piss me off.’ [in response to inmates banging in the background to get the officers’ attention]”

   Hernandez: “Asked another inmate ‘That guy, still crying, right?’”

   Hernandez: “On the phone ‘That he needs to go to the hospital. I go no, you need to sweat whatever you have inside, you to sweat all that out, then we can take you to the hospital.’”

   Hernandez: “Referring to Davis ‘the one that’s all uuugggghhh, that one.’”

   Murray: “After Davis moaning and stating that he needs an ambulance ‘Sounds like he is having a heart attack.’”

   Garza: “’Oh my God, it’s freaking annoying.’ She then mimicked Davis’ moaning and stated, ‘Like shut up!’ In response, Hernandez laughed.”

   Martinez: “’This man is going to blow me away.’ [in Spanish]”

   Garza: “’I’m surprised they haven’t told him to shut up, the other guys in there.’ She then turned the radio up.”

   Martinez: “This dude sounds like he is in f**king heat.”

Ranger Garcia observed in the county jail’s video – according to the federal lawsuit – that Davis’s moaning continued until 6:13 a.m., the morning he died. The suit goes on to state that Ranger Garcia observed “At approximately 6:29 a.m., the intercom was activated and Sergeant Martinez got up from the chair in the control room and answered it. The video skipped from 6:29:17 to 6:29:31. Sergeant Martinez put gloves on her hands and stated, ‘I don’t know, I need to go out of the holding cell, huh, inmate’s breathing.’”

A minute later, the Texas Rangers’ report cited in the lawsuit states, “Sergeant Martinez entered H2 Holding Cell and stated, ‘Mr. Davis, Mr. Davis, Mr. Davis, Mr. Davis!’ Sergeant Martinez then yelled, ‘Hey, page out EMS, we have a non-responsive inmate!’” Jailer Garza is then observed entering the call and telling a dispatcher, “I don’t feel a pulse.” 

Settlement

Davis’s family and La Salle County notified the court that both parties had come to a settlement on July 20 of this year. The settlement, obtained by KENS 5, states the parties agreed to a $1,150,000 sum, and dismissal of the federal lawsuit. It also stipulates that “for payment of the Settlement Funds, Plaintiff hereby FOREVER RELEASES, ACQUITS, AND FOREVER DISCHARGES Defendants from All Claims,” and that the plaintiffs – Davis’s family – were responsible for all medical bills and expenses. 

The Texas Association of Counties (TAC) – an association that provides counties in Texas with training, legal representation (including law enforcement liability), and advocates on counties’ behalf – is listed as a defendant. La Salle County Judge Joel Rodriguez confirmed to KENS 5 that TAC paid 75% of the suit, leaving the county to cover the remainder. When asked for comment, their response was, “TAC does not comment on lawsuits or settlements.” 

KENS 5 also reached out to the attorney representing the Davis family, T. Dean Malone, but they declined to comment. 

When asked for comment regarding the settlement and the events that led up to Davis’s death, La Salle County Judge Joel Rodriguez stated, “The sheriff is the keeper of the jail. It’s one of those things where he [Davis] had a past history of being in and out of jail. He had a past history of addiction. He was screened by EMS, but he refused. It was still their responsibility to call.” Judge Rodriguez added, “Two jailers were indicted, and one is currently in pre-trial. That’s for failing to document records properly.” 

Judge Rodriguez concluded with, “He’s somebody’s family. He has a significant other in town, a girlfriend who filed a federal lawsuit in Laredo. She received a small settlement of $30,000. It’s sad that this happened. What some of the jailers said was uncalled for.” 

As of deadline, the La Salle County Sheriff’s Office has not responded for our request for a comment. 

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