2008 Deaths in Custody: The Drowning of Jesse Garcia

 Amnesty International

(circa 1980's)

I received the following letter from a former AZ DOC officer this spring, who I also spoke to at some length. I have since verified that Jesse Garcia (43305), a prisoner from ASPC-Tucson/Manzanita, died on 12/31/08 at Kino Hospital . The cause of death was ultimately documented by the AZ DOC as being due to complications of emphysema, with a contributing factor of lung cancer.

I don't know why there is no record of Jesse Garcia's existence in the AZ DOC on-line database, but I obtained the record at the bottom of this post directly from the AZ DOC myself. In any case, this is the story of just how Jesse died. If anyone out there knows how to contact his family, please get this post to them and have them contact me (Peggy Plews) at arizonaprisonwatch@gmail.com or 480-580-6807.

----------from former AZ DOC officer N. Duran--------

May 2, 2012

Peggy Plews:

Here’s my story, I pray that God will intervene where the justice system failed or just didn’t care about another dead inmate.


On 12-31-08 at 9:45 pm, Sgt R. Lopez briefed graveyard staff at ASPC-T-Manzanita Unit that an Inmate was in need of a breathing treatment.  He said that the inmate was a problem and just wanted attention.

When I arrived in Housing Unit 6 (Terminally Ill) Facility, I noticed inmate Jesse Garcia 43305 was sitting in a wheelchair in an awkward twisted position, struggling to breathe.  It appeared he had a blueish discoloration to his skin & tongue.  He was propped next to the officer’s desk, gasping for air and grabbing his chest.

I heard the Swingshift Officer trying to get inmate Garcia medical attention.  To no avail, Swingshift Officer informed me that Sgt. Lopez refused to transport Inmate Garcia to Rincon 9 for Medical attention.  He told me that Sgt. R. Lopez said that he has enough medication and that he was probably faking, besides it’s New Years Eve and he didn’t want to deal with the paperwork.

The Swingshift Officer also informed me that Inmate Garcia had four breathing treatments throughout the day and recently he ran out of albuterol.  With medical a no show, (we) myself & SPA-Porter assisted Inmate Garcia to his bed with aid of an oxygen machine.  Throughout the night Inmate Garcia was having difficulty breathing.

At approximately 1:30am I witnessed Inmate Garcia wheel himself down the hallway to the medical doors.  He appeared panicking and was in distress.  His wheelchair was pinned up against the medical doors.  He was twisting back & forth with his eyes bulging and his tongue protruding out of his mouth.  He was desperately clawing at the doors trying to pry them open.  He appeared he was unable to breathe.  He was desperately clawing at the doors, his finger tips appeared to have blood coming from them due to his desperate attempt to claw the doors open.

ICS was initiated and Inmate Garcia was violently twisting gasping for air while his head was banging against the medical door attempting to breathe.  Inmate Garcia then turned towards me violently grabbing at my uniform shirt with fear and desperation.  I asked Inmate Garcia what he needed.  He tried to say medicine in Spanish.

Myself & SPA Porter attempted to remove Inmate Garcia from his wheelchair and place him on the floor.  We placed a laundry bag under his head so he would not suffer any head trauma.  The video operator was on site and Sgt. Lopez arrived later.  He was contacting Rincon Medical to advise them of a transport.  I told Sgt. Lopez that the inmate needed to go to St. Mary’s Hospital.  With lack of empathy he sarcastically refused and said he was going to Rincon 9.

At that instant Inmate Garcia managed to sit up and violently vomit blood & tissue.  Sgt. Lopez then requested an ambulance to transport Inmate Garcia to the hospital.  What seemed like a lifetime of vomiting blood, it appeared Inmate Garcia stopped breathing.  I guided his head to the floor where Inmate Garcia laid unresponsive his eyes appeared glazed with blood coming out of his nose and mouth he appeared not breathing.

Myself, the video operator & Sgt. Lopez appeared to be the only security in the unit with also 15 inmates.  I turned to Sgt. Lopez and I asked him to help me with CPR.  He yelled at me and stated, “I’m on the phone.”  I told him the inmate stopped breathing and I needed help with CPR.  Again he yelled “I’m on the F______ phone.”  I then turned to the video operator and asked her for assistance with CPR, noticing she was still video taping.  She refused.

I asked her for a mouth piece, at that moment another officer arrived on unit to assist me with CPR.  The officer was administering chest compressions I was trying to attempt rescue breathing. Due to the large amount of blood on the mouth shield I was provided with extra one and I continued to conduct rescue breathing until the Tucson Fire department arrived and relieved us with the CPR attempt and they continued until they were able to get a pulse.

A request was made by me for a blood sample & test of any HIV-AIDS-Hep viruses.  Due to the bodily fluid exposure I was provided medication to fight any viruses that entered the system.  The medication made me violently ill and I was out of work for over a week.  When I returned to work I was informed that Sgt. Lopez never requested a blood test.  I spoke with the Nurse Supervisor at Kino.  He stated there was never a request from any supervisor to get a blood test from deceased Inmate Garcia.

I was told by the COII (sp?) from our unit that Inmate Garcia was cremated because he had no family.  I was later informed by a Wardens assistant that Inmate Garcia did have family because they authorized the cremation.  I asked her what he died of, she informed me the death certificate stated cancer.

I would like the expose the truth.

Jesse Garcia 43305 suffocated and drowned in his own blood.  The incident was videotaped and his death was negligent and covered up.  His family needs to know the truth.  I’ve exhausted every option to reveal the truth.

Like all officers we swore an oath to protect the public, staff and inmates.  The cause of death was falsified.  In the yard office hung a ridiculous sign, “Inmates are students of our behavior!”  If that’s the case the inmate population has not chance of rehabilitation.

Former officer of 15 ½ years -

N. Duran
 

---------------------

 

arizona department of corrections

Prepare the prey for prison profiteers: New 5,000-prisoner RFP Released.

Via the good folks at KTAR.com. What a bizarre headline.

Funny they don't mention the Christmas Eve escape attempt at ASPC-Tucson/Manzanita. Think that still hasn't hit the mainstream press? No one ever talks about it...

More on all this another time. Here's just the news, for now.

----------------

Prison break prompts call for more prison beds

KTAR.com
AP - January 27, 2011

PHOENIX -- State officials have released a revised request for 5,000 additional private prison beds following a months-long review prompted by three inmates' escape from a privately operated state prison near Kingman last summer.

Corrections Director Charles Ryan canceled the original request for proposals last September, saying it needed stronger requirements on security and operations to avoid repeats of the July 30 escape.

The three violent offenders who broke out have been apprehended. Two face charges of murdering an Oklahoma couple in New Mexico while on the loose.

Ryan has said the Kingman prison was riddled with security flaws that the department's oversight failed to detect.

The department released the new 186-page request for proposals for providing beds for minimum- and medium-security male inmates on Monday. A 14-page amendment was released Wednesday.

The new request includes detailed provisions on security, including ones requiring both random and scheduled perimeter checks of prisons. The original, now-canceled version didn't have those specifics.

The Kingman escapees were able to avoid the prison's scheduled perimeter patrol by timing its movements, enabling them to cut through fencing. They had made getaway arrangements with an alleged accomplice by using a telephone tossed into the prison yard, authorities said.

Also, the department said the revision include new requirements for reporting of problems, expanded evaluation criteria for proposals additional sanctions for violations, including those that pose a risk to public safety.

Under the state's request, proposals can be for the entire 5,000 beds or submitted in increments of 500. It said the state wants 2,000 beds available by April 2013 and an additional 3,000 by April 2015.

The request said the state could provide state-owned land at existing prison complexes in Florence, Buckeye, Litchfield Park and Yuma available for use.

The deadline to submit proposals is Feb. 24.

The Kingman escape became an issue in last year's gubernatorial race, with Democratic nominee Terry Goddard running a television spot attacking incumbent Gov. Jan Brewer in connection with the Kingman prison break.

Two of the three escapees and an alleged accomplice are charged with murdering Gary and Linda Haas of Tecumseh, Okla., in eastern New Mexico's Guadalupe County, and the Goddard ad questioned whether Arizonans should feel safe with Brewer as governor.

Brewer, a Republican, was elected to a full term on Nov. 2.

The 5,000-bed expansion program was authorized under a 2009 law.

Arizona's prison system houses approximately 40,000 inmates, including nearly 5,300 in private facilities. Those include 2,200 at the Kingman prison. The state's public prisons house approximately 34,700 inmates, above the design capacity of just over 31,000.

ASPC-Tucson 2010: Christmas Day Escape.

It was foiled before they got anywhere. This attempt happened at ASPC-Tucson right after we left Saturday...this is good coverage, from what I know so far, from the Guardian.  A few things went down there that day. 


The ACPOA saw this coming and warned the Governor, by the way, for those of you just now tuning in. She stands behind her man.

Now what about the prisoner from Lewis?

Deaths in Custody: Anthony Clayton Lester.

This is the beautiful young man who reportedly killed himself at ASPC-Tucson/ Manzanita on July 12 of this year. I didn't know anything about him at the time he died except for the short press release the Arizona Department of Corrections put out, which is always limited to the prisoner's name, ADC number, age, crime, and sentence.

I did a little more digging after speaking to his family tonight, though, and came across this obituary. Whenever I can I like to include things about prisoners who pass away that speak to who they were, instead of just the "criminals" the ADC feels a need to portray them as when they die. Just because Tony had been criminalized does not mean he was a bad man. By his aunt's account, he was a very good soul.

I'll have more on this young man's story at some point down the road; his actual cause of death has yet to be determined, it appears. For now, please just think good things for his grieving family - especially for the little girl who he never even had the chance to hold.

-------------------------------

Name:

Anthony Clayton Lester

Date:

June 16th, 1984 - July 12th, 2010

Obituary:

Anthony Clayton Lester, born June 16, 1984 in Tucson, AZ, left our presence July 12, 2010 in Tucson, AZ after spending most of his short 26 years in Scottsdale, AZ. He was a music enthusiast, an extremely talented writer, a caring shoulder to cry on, a protector from all evil and an adoring father. He was preceded by Uncle Clayton Lester. He is missed and loved by his daughter Dawn, mother Eleanor, fiancée Samantha, Aunt Patti, grandparents, aunts, uncles, cousins, friends, and puppies. Memorial/viewing services will be held July 20 from 6 - 10pm @ Memorial Hall @ SRPMIC, Scottsdale AZ. Mass on July 24 @ 10am @ OLPH Scottsdale, AZ and funeral services to follow at St. Francis Cemetery, Phoenix, AZ. Arrangements by Bunker’s Garden Chapel. "Lord, I am the bruised reed, the smoldering wick. May I believe more deeply in your compassionate guidance."

ASPC-Tucson: Prisoners neglected in cages, again.

This is despicable. This makes the failure of the Maricopa County Attorney's Office to prosecute anyone from the Arizona Department of Corrections for Marcia Powell's death all the more disturbing. Clearly they think they are untouchable, like most agents of the law. In essence, the higher ups at ASPC-Tucson slapped them on the wrist for this one and kept it all under wraps. It was only because the prisoner and his wife (and finally Donna Hamm) complained that it got anyone's attention.

The investigation reads something like the one on Marcia's death - everyone pointing their finger at someone else, or just not being able to recall who did what. It went on through three shifts, evidently, so it's not like it was just the guard who was pissed off who locked the guy up and left him there. And it wasn't just prisoner Solis who got left in the cages that day - four other guys were left there too long, as well. I bet it's a routine thing that prisoners just don't often complain about because they're used to being treated like dirt. They're probably glad they aren't still getting hogtied and left in the sun as punishment.

I'm glad Ryan at least nailed his administrators - including Sonberg - though the punishments for the rest still hardly fit the crime. They're all implicated in suppressing reports of neglect and abuse that I hear about from prisoners - things that just get handled "in-house".

As far as I'm concerned, it's not the breakdown in staff discipline that's the problem so much as it's the dehumanization that allows ADC officers to treat prisoners as they do. If there wasn't an entrenched culture that tolerates and even encourages the humiliation, depersonalization, and trivialization of prisoners' needs so thoroughly - which comes from the top down (through policies that seek to discourage people from seeking medical care, for example, to save the department money) - abuse and neglect wouldn't be so commonplace at their prisons...

I have more to say but won't say it here - read the investigative report Stephen links to for yourself. I think I'm going to ask the Attorney General tomorrow why the state can't prosecute Marcia's killers since the county won't. The neglect and abuse of prisoners needs to be treated as a crime and the victims need to be seen as human beings worthy of protection, or this will just keep happening as a casual occurrence that no one thinks they should even be disciplined for.

-------------------------------------

Could Marcia Powell Happen Again? Prisoner Kept in Tucson Cage Overnight, Warden Sanctioned

By Stephen Lemons, Tue., Sep. 7 2010 @ 2:01PM

A warden, a deputy warden, and a regional director have all been suspended several days without pay as a result of an inmate being kept in an outdoor cage overnight at the Arizona State Prison Complex in Tucson.

According to a Department of Corrections investigation of the incident, inmate Elisio Solis was confined to an outdoor cage for 19 hours from around 9:45 a.m. on April 29 of this year to around 5 a.m. the following morning.

This is in violation of policies regarding such enclosures, policies that were revised in the wake of Marcia Powell's 2009 heat-related death at Perryville Prison in Goodyear.

ADC policy now prohibits a prisoner from being confined to an outdoor cage for more than one hour without the approval of a deputy warden. (Inmates can be in the cages for no longer than two hours max.) The policy also forbids the enclosures from being used for disciplinary purposes.

But these restrictions were transgressed in the case of Solis, who was placed in the outside enclosure after a verbal altercation with a corrections officer, who called Solis a "motherfucker."

According to the ADC investigation, when Warden Sandra Walker learned of the violation, she advised underlings that the matter was to be handled "in house."

ADC Director Charles Ryan did not learn of Solis' treatment till August 5, after receiving an e-mail complaining of the matter from prison reform advocate Donna Hamm of the Phoenix-based organization Middle Ground Prison Reform. Ryan then ordered an investigation into the incident.

The inquiry shows a breakdown in discipline, with corrections officers finding excuses for not following ADC guidelines, showing ignorance of ADC policies and generally shirking responsibility for their actions.

Their supervisors don't fare much better in the report.

"Supervisors failed to follow DO 704 [the policy regarding outside enclosures]," the report states. "And [they] `passed the buck' to each other during their interviews. Staff interviewed had memory issues related to their shift on April 29, 2010."

You can read the ADC report, minus its attachments, here.

During the investigation, ADC Regional Director Shelly Sonberg, who has to sign off on supervisor complaints, admitted that she doesn't read them all because there are too many. Instead, she selects one at random to read "cover to cover," and relies on her staff to make sure the complaints are complete.

Sonberg was recently suspended 40 hours without pay. Warden Walker received the same sanction. Deputy Warden Keith Hartsuck was suspended for 80 hours without pay.

ADC spokesman Barrett Marson denied that Walker had wanted to cover-up the Solis matter, only that she had kept the investigation at the complex level. Still, Marson called the breach of policy a "significant incident," which is why punishment was meted out.

"The director believes this should have elevated up the chain of command," Marson told me.

Solis, who is doing 19 years on a murder conviction in Maricopa County, complained that he was sick after his outdoor confinement and claimed he had to beg for a blanket. Temperatures had dipped to 48 degrees Fahrenheit by the time he was transferred from the cage in the early morning hours of April 30, according to the report.

Unlike Powell, Solis did not have to contend with the heat, as the high for April 29 in Tucson was 75 degrees, and there was shade in the cage. He had access to food and water, and was allowed bathroom breaks.

Solis' life was not endangered. But the fact that prison officials didn't want to alert higher-ups should tip you off to the importance of the Solis incident. Moreover, the ADC report notes that four other inmates were confined to the cage that day for longer than the time period allowed.

"Given the fact that this was originally scheduled to be handled `in house,' [Director Ryan] was never supposed to find out about it," observed Hamm, whose e-mail sparked the investigation. "You have to wonder how many incidents in other locations, or even in that location, have been deemed in-house and that Ryan never knew about."

Hamm believes the practice of holding prisoners in outside cages for long periods of time as punishment is widespread. She fears this could lead to another Marcia Powell-like incident, and she faulted the ADC's lack of discipline.

"Look, this is a paramilitary organization," she said of the ADC. "And that means that people pretty much don't get to question policy. You follow it.

"But people are not following policy all the way up and down the chain of command. They're winking at the policy. And that's just unacceptable."

She said she's suggested that Ryan name a unit after Marcia Powell as a way of reminding his staff of the importance of following ADC policies on outside enclosures. She said she also may ask the U.S. Justice Department to investigate ADC's practices regarding the cages.

That Ryan acted so swiftly in this matter is laudatory. However, the fact that he had to find out about it from an outside source is unsettling, as are the accounts of staff shiftlessness and complacency in the ADC's own report.

ADC: Who Decides who Lives and Dies?

On August 3, 2009 Bennie Tucker (090399) passed away on the Manzanita Unit at the Tucson state prison complex. Not a peep out of the ADC about it; nothing on Google, even. Now, I try to give my friends at the ADC the benefit of the doubt, but as this story unfolded I became increasingly disturbed.This is the second ADC prisoner death I've heard about in three weeks (Michael Broom, Kingman, July 20) that wasn't announced on ADCs website.

Perhaps there was no fanfare over Tucker because he was doing time for multiple counts of child molestation and they figured no one would care. Maybe his family asked to keep it low key - I don't know. Nevertheless, for the sake of institutional transparency it seems that if the ADC is going to post some death notices, they ought to post them all, lest they leave us with the impression that either there aren’t as many in-custody deaths as there really are, that some prisoners deserve to be neglected, or that the ADC is culpable in some of these deaths. The way Tucker died demands that the ADC provide some sort of public explanation. As is noted below, there were no medical staff even on a unit of terminally ill men, while it was my understanding that every prison had medical personnel someplace on the grounds 24/7.

This does not bode well for transforming that whole place into a prison for people with medical needs.

I discovered this in a prisoner’s blog, by the way, which I'm posting excerpts of below so as not to identify the author. I have also left out the name of the CO who refused to help him: but I’ll be sharing that with the ADC. Either they are not aware of COII “B”s actions in this matter, or they don’t think they constitute serious enough of a concern to suspend and investigate him. In either case, in addition to posting this I’ll be forwarding it on to ADC administration with a request for clarification on whether or not it is acceptable practice to withhold medical attention from dying men if one finds their crimes to be hideous enough. I think they will agree that it is not.

--------------(Prisoner's blog below)-----------------------------

Another Death on Manzanita

Another prisoner on Manzanita Unit has died. Despite Housing Unit 6 being a medical unit with dying inmates, no medical staff were on the unit to help. Ironically, the deceased worked in HU6, but lived in HU4. The orangeman who passed, I had known for many years and although not a 'friend' of mine was a friendly man who was opposed to drugs and was a peaceful, passive guy. The following account of the incident is based on numerous witness statements:

On August 02, 2009 at around 11:15 p.m., inmate Tucker approached the HU4 control room clutching his chest and told COII “B” that he was having chest pains and his left side was partially numb. Tucker requested medical care. COII “B” did not get Tucker medical attention, essentially dismissing him.

At around 12:50 a.m., Tucker woke his bunk mate and asked him to get COII “B”. Tucker was feeling bad and thought he was experiencing a heart attack. His bunk mate immediately went and told COII “B” about Tucker's medical problem. “B” told Tucker's bunk mate that if Tucker was having problems, Tucker needed to tell him, himself. Tucker's bunk mate told “B” that Tucker needed immediate medical care; “B” did nothing.

Meanwhile, another COII entered the door to do his nightly security walk. Tucker's bunk mate informed this COII of Tucker's medical emergency. This COII immediately checked on Tucker, who was unresponsive, and began CPR; he also directed COII “B” to call 911. “B” did nothing, while another COII responding to the medical emergency the 2nd COII initiated, dialed 911.

After half an hour of being revived by CPR multiple times by the COII and being unconscious for around an hour, Tucson Fire Rescue arrived.

Tucson fire rescue took measures to save Mr. Tucker's life, but were unsuccessful. It was to late. Tucker was dead.

COII “B” did NOTHING to prevent Tucker's death.

On August 03, 2009, less than 24 hours after callously disregarding Tucker's life and health, “B” was working HU1 control room (where I live).

Local news has announced that the ADOC plans to relocate thousands of Tucson complex prisoners in order to make the Tucson complex a "Medical / Mental Health" hub for ADOC. Not only is this complex severely lacking trained security staff able to deal with the seriously ill inmates, lacking medical / mental health staff adequate to manage the general population, let alone an ill population, but the conditions of the units themselves are atrocious.

Top state officials are doing and will do anything to pinch a penny right now; everything except releasing non-violent offenders who post little risk to the public. Shame!

It would be interesting to see what amount of tax-dollars are being spent on Tucson Fire Dept. responding to the Tucson prison complex to provide emergency care to prisoners that ADOC neglects. TFD is at the prison complex often enough to have a station across the street. I guess it is cheaper to let Tucson Fire and Rescue provide care than to let ADOC do it... at least for ADOC it is.