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Saturday, Oct. 24, 2009

Inmate's family sues county over death at jail facility

The parents of a 38-year-old inmate who collapsed and died after a fight last year at the John Latorraca Correctional Center have filed a wrongful death lawsuit against Merced County.

The suit alleges that their son was several weeks overdue for release when the incident happened. A county spokeswoman, however, dismissed the lawsuit's claims Friday, saying that correctional officers did everything they could to save him.

Craig Scott McBride of Merced died shortly after a fight with another inmate on Oct. 12, 2008, inside a 25-man dorm at the jail.

When the death was reported, Merced County Sheriff's investigators said the fight started because of an argument between McBride and 43-year-old Bryan Scram over jailhouse clothing that had been distributed.

After McBride collapsed during the brief physical fight, correctional officers responded and began administering medical aid for about 30 minutes. The officers tried to resuscitate McBride, who was unconscious and without a pulse, using CPR.

He was pronounced dead at the scene, according to sheriff's investigators.

According to the lawsuit, filed by parents Thomas and Brenda McBride in Merced County Superior Court on Oct. 13 this year, their son was scheduled to be released from the jail 32 days before he died.

McBride was arrested on Sept. 2, 2008, and was being held at the jail on suspicion of violating a court order -- in addition to a felony stolen property warrant in Tuolumne County, the sheriff's department reported last year.

The lawsuit alleges McBride was scheduled to appear at a Merced County Superior Court hearing on Sept. 10, 2008, where a judge ordered him to be released from the jail on his own recognizance. McBride's attorney claims, however, that he wasn't at that hearing because sheriff's officials failed to bring him to court. As a result, McBride was unaware that he was supposed to be released from jail -- and the sheriff's department held him at the jail for another month after he was supposed to be set free, according to the lawsuit's claims.

Commissioner Ralph Cook ordered McBride's release on the defendant's own recognizance, regarding the violation of a court order charge, according to a Sept. 10, 2008, court minute order.

Orestes Cross, a Bay Area-based attorney representing Craig McBride's parents, believes his clients' son would still be alive if he'd been released on time from the jail. Cross said the sheriff's department violated McBride's constitutional rights by holding him at the jail more than a month past his release date. "(McBride) should have been released from jail and he wasn't," Cross said. "This is a fact no matter what they do, that they can't get around."

Cross added that McBride died "while on (the sheriff's department's) watch."

According to the lawsuit, McBride collapsed after the fight around 7:10 p.m., after having difficulty breathing. Another inmate notified correctional officers and administered CPR.

The lawsuit also alleges that sheriff's deputies were negligent, waiting six minutes to call for an ambulance and 18 minutes before administering a heart defibrillation machine.

An ambulance arrived at the jail around 7:30 p.m. and McBride was pronounced dead at 8 p.m., according to the lawsuit.

Brenda McBride, the 61-year-old mother of Craig McBride, said her family is still reeling from his death. "They didn't respond to him like they should have. He was treated like a dog, instead of a person, McBride said. "It has devastated our family."