Family plans lawsuits over Bend inmate’s death

The family of the Deschutes County inmate who died in December due to a meth overdose will pursue state and federal lawsuits against the sheriff’s office, according to Bend attorney Jennifer Coughlin.

Coughlin said Wednesday the family of Edwin Mays plan to file a wrongful death lawsuit in state courts and a federal civil rights lawsuit, claiming jail staff neglected 31-year-old Mays and left him to overdose and die in his jail cell the night of Dec. 14, 2014.

The lawyer made the comment one day after District Attorney John Hummel announced he asked them the state Department of Justice to step in and investigate the matter. Hummel also released jail security footage showing the last few hours of Mays’ life.

Coughlin told NewsChannel 21 the Mays family is pleased the investigation is moving forward and that the videos have been made public.

“The video is horrific and appalling, and nobody deserves to die on a jail floor after they’ve asked to go to the hospital,” Coughlin said.

NewsChannel 21 has viewed the tape and reviewed police reports conducted both by the lead agency, the Deschutes County Sheriff’s Office, and supporting investigators with Bend Police.

That review found apparent discrepancies between reports the sheriff’s office released earlier to the media and the videos, police reports and medical examiner’s documents.

Jail staff are seen laughing and mocking Mays several times throughout the night while they watch a football game.

One deputy says, “He is doing the zombie.”

Audio also picks up a deputy saying, “Who is dumber, him or Mays?” Another deputy answers, “I’m going with Mays right now.”

Shortly after 7 p.m., one of the jail staff comments, “He’s (Mays) saying he needs to go to the hospital.”

Another deputy answers: “Probably does.”

The video doesn’t show Mays receiving any medical attention for more than an hour.

Around 8:20 p.m., a deputy notices Mays has apparently injured himself.

“Did you see what he did to his head?” the deputy asks. “He split it wide open.”

The state medical examiner’s reports confirm Mays’ had cuts on his head. However, a press release from the sheriff’s office said, “The medical examiner found no physical injuries.”

Around 8:30 p.m., the security footage shows Mays lying on the floor of his cell. Deputies go in to check on him, but medical attention is not offered.

Just before 9 p.m., jail staff start performing CPR. EMTs show up shortly after — they try to save Mays’ life, but pronounce him dead shortly before 9:30 p.m.

Sheriff’s officers told NewsChannel 21 that Mays was alive when paramedics showed up. But police reports show Mays had no pulse before paramedics arrived and investigators’ interviews with EMT staff show “there was no heart activity” when they started life support.

The video and police reports do show jail staff asking Mays and his cellmate if Mays was on drugs. The reports claim Mays said, “No.”

Sheriff’s Capt. Shane Nelson said he cannot comment on the incident or Mays’ health condition because of the ongoing investigation, But he did call Mays’ death a “sad and tragic situation.”

“We are going to fully cooperate with the Department of Justice investigation, just as we have fully cooperated with the District Attorney’s Office investigation,” Nelson said.

Officials told NewsChannel 21 that the Department of Justice is reviewing the request to take the case. They estimate an investigation could last up to a few months.

NewsChannel 21 reached out to family members of Mays, who said Tuesday they were hit hard by the announcement.

Mays’ uncle, Bill Mays, said the family’s attorney has viewed the tape and offered to show the family the video. Bill Mays said family members have chosen not too watch it because of the pain it would cause.

“We don’t want to see it for a while,” Bill Mays said. “It would be a shock. It is a revelation for us on how bad the situation at the jail was.”

Documents provided to KTVZ by Hummel included a letter addressed to previous DA Patrick Flaherty from an inmate in the jail during the time of Mays’ death. who said there was no nurse working when Mays died. The inmate wrote she believed jail staff acted negligently and that Mays’ life could have been saved.

NewsChannel 21 learned the jail has certain policies and procedures it’s required to follow if an inmate is suspected to be intoxicated.

When inmates are booked, department policy requires staff to fill out a detailed intake screening, including health procedures.

If an inmate is experiencing or suspected to have medical problems, jail rules require the inmate to be put on “special watch.” Deputies are required to keep record of what’s called an ‘Inmate Round Record Form 402’ — in these instances, staff are required to perform and document frequent checks on inmates.

The document provided to KTVZ also showed that nursing staff are not on duty at the jail 24/7 and health-trained officers are used in the absence of other medical staff.

NewsChannel 21 requested all documents related to the incident, Mays’ booking and health, but was denied by sheriff’s officers who cited the still-ongoing investigation.