IPSO cleared and sued

BY JIM MUSTIAN
THE DAILY IBERIAN
Published/Last Modified on Friday, October 16, 2009 2:08 PM CDT

The Iberia Parish Sheriff’s Office deputies who forcefully subdued an unruly inmate moments before he died in custody will not face criminal charges, prosecutors said Thursday.

The family of the inmate, however, filed a wrongful death lawsuit accusing the deputies of choking and beating Michael Jones to death as he lay naked and shackled on the concrete floor.

The 16th Judicial District Attorney’s Office ruled out bringing the case before a grand jury, a decision Iberia Parish Sheriff Louis Ackal said vindicated his steadfast assertion that his deputies followed protocol in detaining Jones.

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“I knew that our guys didn’t do anything,” Ackal said. “It’s a thing that you go through in this type of business … especially in corrections you’re going to have incidents like this.”

The deputies appear to be off the hook on the criminal level but could be held liable for Jones’ death in civil court. The wrongful death claim seeks an unspecified amount of damages from the deputies as well as Ackal and Warden Frank Ellis.  

Prosecutors determined from a Louisiana State Police investigation into the Feb. 13 death that charges would be “unwarranted.” But the lawsuit, drawing from two previously undisclosed autopsy reports, offers the most detailed account to date of the injuries Jones sustained during a violent struggle with deputies.

Iberia Parish Coroner Dr. James Falterman Sr. this summer said he detected in Jones a significant amount of heart disease and listed a number of related complications that could have contributed to his death. But Falterman’s autopsy left the manner of death undetermined.

According to excerpts of Falterman’s report, Jones was subjected to blunt force trauma to the head and body. He received a number of bruises, abrasions and neck compressions that caused bleeding of the thyroid gland. 

The lawsuit alleges Jones died while a deputy applied a choke hold around his neck, citing the compressions as evidence of strangulation. The wrongful death claim also revealed the findings of Dr. Emil M. Laga, a pathologist hired to conduct a private autopsy.

Laga found bleeding in Jones’ throat, a left jaw fracture, broken teeth, brain congestion and swelling and widespread internal bleeding.

“The killing of Michael Jones lasted from five to 10 minutes,” the lawsuit alleges. “During this time, Michael Jones experienced extreme pain, suffering and mental anguish.”

The lawsuit accuses the jail officials of using excessive force in responding to Jones’ erratic behavior in the cell, depicting an agonizing death in which several deputies stood on Jones’ limbs while another held a hand over his mouth to prevent him from breathing.

“This caused Michael Jones to make a loud gurgling sound which was heard by everyone,” the lawsuit alleges.

“Michael Jones also continued to choke on his own sputum.”

The narrative of the lawsuit is not attributed to witnesses or investigators, and it was not clear what evidence the plaintiffs would use to substantiate their claims. Jarvis J. Claiborne, the Opelousas lawyer representing the Jones family, declined to comment Thursday.

Jones was arrested in Abbeville the morning of his death on charges of creating a drunken disturbance. As is common with arrested on misdemeanors in Abbeville, Jones was transferred to the Iberia Parish Jail to be booked after he was cleared at Abbeville General Hospital.

The lawsuit, which refers to Jones as a “mental patient,” alleges Jones was not cleared by the psychiatric department and that he arrived in New Iberia in a psychotic state.

Shortly after Jones was placed in his cell, authorities said he began exposing himself and making strange sounds. According to authorities, Jones bit Ellis in the chest when the warden tried to attend to him.

But the lawsuit alleges Jones only bit Ellis after he was “severely beaten for no justified reason.”

Comments

    J B wrote on Oct 28, 2009 10:27 PM:

    " sounds like Dave Robicheaux needs to get his job back with the department... "

    Protect and serve wrote on Oct 22, 2009 11:39 AM:

    " They did it, no doubt in my mind!!! Just a bunch of losers abusing the little bit of power they were given. I hope that family wins and collects millions!!!! Somebody needs to get that whole department in check, every single one of them from the bottom to the top. "

    Real Story wrote on Oct 22, 2009 8:56 AM:

    " For those of you who want a real depiction of what really occurred in this case look in the Baton Rouge paper. The Daily Iberian refuses to print anything confrontational especially when it involves Ackal. I feel certain this won't even post. "

    Informed wrote on Oct 17, 2009 12:30 PM:

    " I know these officers involved & know what they went through, and believe me, these people would never do such vicious things. What's really sad is that after this traumatic event, these brave officers had to endure constant harassment of the low lifes at IPJ, as these criminals accused the officers of murder. What would happen if anyone accused them of committing a crime? The inmates would cry 'innocent until proven guilty'.

    I will continue to pray that these officers get over this hurdle, so that they can go on with their lives. "

    joey wrote on Oct 16, 2009 8:28 PM:

    " Thanks to our brave deputies that have to put up with this trash every day. They deputies need to file a counter suit for their mental anguish worrying about the diseases they may catch from this criminal biting them. "

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