Lawyers call for changes in Sacramento County jails

SACRAMENTO COUNTY, Calif. — Five people have died in Sacramento County jails since May, and now lawyers are raising the alarm in a lawsuit that led to federal oversight of those prisons.

Tonette Washington is the wife of 40-year-old Asaiah Washington, who died in the Sacramento County Main Jail on July 26. He and his cellmate were found unconscious. Narcan – the drug used to treat opioid overdoses – revived his cellmate, but Washington died.

“My husband should be here right now,” Washington said tearfully at a news conference outside the Sacramento County Main Jail earlier this month. “How can someone overdose in a Sacramento County Jail? Where did that come from?”

She and her lawyers spoke out after Washington became the fifth inmate to die in Sacramento County jails in three months.

Elwin Tolosa, 45, died on May 5; David Barefield, 55, died on May 12; Smiley Martin, 29, died on June 8; Juan Angel Rodriguez, 41, died on June 28; and Asaiah Washington, 40, died on July 26.

The Sacramento County Sheriff's Office (SCSO) oversees the county's two jails. Sacramento County Adult Correctional Health – independent of the SCSO – oversees all medical care in those jails.

Both entities are the subject of two letters provided to ABC10 by lawyers involved in the so-called Mays Consent Decree, essentially a legally binding performance improvement plan.

The agreement, approved by a federal judge in January 2020, outlines steps the county must take to improve mental health and medical care in its jails, suicide prevention among inmates and the use of solitary confinement, among other things. The county also agreed that reducing the jail population would help ensure compliance.

Four and a half years later, attorneys Patrick Booth and Margot Mendelson of the Prison Law Office and Aaron Fischer of the Law Office of Aaron J. Fischer wrote in a letter to Sheriff Jim Cooper this month: “We are deeply concerned about these (five recent) deaths…After reviewing surveillance camera and body cam footage of several recent deaths, we would like to use this letter to reiterate our deep concern about the SSO's failure to treat people in distress with humanity and decency…It is common practice in prisons for prison staff to ignore people in distress who press the emergency button in their cells and beg for help.”

In a letter to Sacramento County, medical experts involved in the case wrote: “Through review of medical records and video footage, we concluded that some of the recent deaths at the prison may have been preventable.”

The medical experts said the sheriff's office needs to retrain its patrol officers and all other arresting law enforcement agencies in the county “on the criteria for hospitalizing patients in need of emergency care.”

They said the SCSO must also train prison guards to “recognize signs of serious medical and mental illness.”

For the county's adult correctional health department, the list is longer and includes reviewing and strengthening all emergency response procedures and revising the medical admission screening process.

They said these were “critical issues that, if not addressed, will likely result in additional deaths.” The full list is at the end of this story.

Sergeant Amar Gandhi, spokesman for the Sacramento County Sheriff's Office, told ABC10: “At this time, we are still reviewing the letters and specifically how they relate to the Sheriff's Office and our jurisdictions. While we have found inaccuracies and other issues, we will comment further once our full review is complete.”

A spokeswoman for Sacramento County Adult Correctional Health, Elizabeth Zelidon, said:

“Sacramento County is aware of the recently released redacted report prepared by outside subject matter experts as part of the Mays Settlement Decree.

“The county is working to implement a series of action plans developed as part of the investigation into recent deaths at the jail. We are reviewing these plans with subject matter experts to ensure they effectively address the concerns raised and result in meaningful improvements. Early implementation of parts of the plan has already improved our response to medical emergencies.

“The mission of Sacramento County Adult Correctional Health has always been, and will continue to be, to provide comprehensive, effective, and efficient health care services to the adults in Sacramento County's correctional facilities. We remain focused on improving the health and well-being of each patient by providing high-quality services through integrated health care practices delivered with compassion and compassion.

“The district will continue to work hard to implement these improvements.”

Community Attorney Meg White of JUICE Sacramento (Justice Unites Individuals and Communities Everywhere) spoke to Asaiah Washinton's family at the press conference in early August.

“We need independent oversight. We need community resources. This prison is already under a federal warrant for inhumane and unconstitutional practices,” White said.

For more information, ABC10 reached out to law enforcement consultant Ed Obayashi, who is not connected to this case. He said Sacramento County is not the only county that has problems with health care in jails. Much of it has to do with money and staffing, he said.

Compared to the rest of society, prisoners typically have higher average health care needs, including chronic illnesses, serious mental illnesses, and substance abuse disorders.

If a county has trouble filling medical vacancies – and Sacramento County has several prison vacancies – then, Obayashi said, that will impact the quality of care.

Another death in Sacramento County Jail | What we know