Second prison guard pleads guilty in case of Alabama inmate who died of hypothermia

BIRMINGHAM, Alabama — A second Alabama prison guard has pleaded guilty to federal charges related to her “minimal role” in the death of a mentally ill man who died of hypothermia after being held naked in a concrete cell.

Federal court documents filed Friday show Karen Kelly agreed to plead guilty to a federal court charge of depriving her of rights under the guise of the law. According to the agreement, Kelly was concerned that the conditions of the prison posed a serious threat to the man's welfare, but she did not alert authorities, except for her supervisor, because she feared retaliation.

Tony Mitchell, 33, died on Jan. 26, 2023, after being taken from the Walker County Jail to a hospital emergency room in serious medical condition. His death certificate listed the cause of death as hypothermia and sepsis due to medical neglect. The concrete cell, sometimes referred to as the prison's sobering-up cell, “was notoriously cold during the winter months and the temperature on the bare cement floor was even colder,” the settlement states. Much of the time, Mitchell was housed naked, without a mat or blanket.”

“My client has accepted full responsibility for her minimal role in this tragic death,” Kelly's defense attorney Brett Bloomston wrote in a statement to news agencies.

“The culture at the Walker County Jail was such that she could barely help this inmate without fear of reprisal. She sincerely hopes that this tragedy will lead to new policies and procedures to protect those housed in the jail.”

After Mitchell's death, Kelly released a video showing Mitchell being carried unconscious out of the prison, according to a civil lawsuit she filed. Her attorney wrote in the lawsuit that she released the video so that the “truth about what happened to Mitchell would not go to the grave with him.” Kelly was later released from prison.

Mitchell, who had a history of drug use, was arrested on Jan. 12 after a cousin asked authorities to check on his welfare because he was talking about portals to heaven and hell at his home and apparently having a mental breakdown. The Walker County Sheriff's Office posted a photo on its Facebook page, adding that Mitchell, whose face was painted black, “brandished a handgun and fired at least one shot at officers” before running into the woods.

He died two weeks after his arrest.

Kelly is the second prison guard to plead guilty in Mitchell's death. Joshua Conner Jones agreed to plead guilty to one count of conspiracy to deprive an inmate of his rights.

Prosecutors wrote in Jones' plea agreement that when Mitchell's deteriorating condition was mentioned, the co-conspirators would respond, “He's getting what he's getting for shooting cops” or something to that effect. The plea agreement said five co-conspirators were involved in the abuse that led to Mitchell's death, suggesting that the investigation is ongoing and more people could be charged in the death.