Tag: criminal charges

  • Family Of Woman Who Died While Detoxing In Jail Files Lawsuit

    Family Of Woman Who Died While Detoxing In Jail Files Lawsuit

    Prosecutors declined to charge the deputies involved with the case so the family decided to take another route to justice. 

    Following a year-long probe, Nevada investigators have decided that the deputies involved in a jail inmate’s July 2017 death should be criminally charged for the way they handled a woman who was in medical distress.

    The Mineral County deputies were aware of the inmate’s condition, according to the 300-page report. Kelly Coltrain, 27, who was jailed for outstanding traffic tickets, had informed jail staff that she was dependent on drugs and suffered seizures when she went through withdrawals, according to the Reno Gazette Journal.

    Coltrain was visiting Nevada from Austin, Texas to celebrate her grandmother’s 75th birthday. But instead of spending time with her family, she spent four days in Mineral County Jail until she died in her cell on July 23, 2017.

    According to investigators, who produced a 300-page report on Coltrain’s death, jail staff violated multiple policies when they denied Coltrain medical care. Based on Coltrain’s history of seizures, jail staff should have cleared her with a doctor before keeping her in jail; and as she suffered withdrawals, they should have been monitoring her vitals.

    Instead, when Coltrain asked that she be taken to the hospital, which is about a two-minute walk across the street from the jail, according to the report, Deputy Ray Gulcynski told her, “Unfortunately, since you’re DT’ing (referring to the detoxification process), I’m not going to take you over to the hospital right now just to get your fix. That’s not the way detention works, unfortunately. You are incarcerated with us, so… you don’t get to go to the hospital when you want. When we feel that your life is at risk… then you will go.”

    Surveillance video of Coltrain’s jail cell shows her being ordered to clean up her own vomit with a mop. Less than an hour later, she was dead, and remained in her cell for more than six hours before a deputy noticed her lifeless body. He did not try to revive her or call for help, and Coltrain was left in her cell until the morning, when state officials arrived at the jail to investigate.

    Investigators with the Nevada Division of Investigation recommended that the deputies involved face criminal charges, but Lyon County, where the case was forwarded, refused to prosecute.

    “The review of the case, in our opinion, did not establish any willful or malicious acts by jail staff that would justify the filing of charges under the requirements of the statute,” said Lyon County District Attorney Stephen Rye.

    Coltrain’s family, however, believes her death was preventable. “(Jail staff) knew Kelly Coltrain had lain for days at the jail, in bed, buried beneath blankets, vomiting multiple times, refusing meals, trembling, shaking, and rarely moving. Defendants knew Kelly Coltrain was in medical distress,” according to a federal lawsuit filed by the family last week.

    View the original article at thefix.com

  • Parents Reunited With Son After Losing Custody For Treating Epilepsy With Marijuana

    Parents Reunited With Son After Losing Custody For Treating Epilepsy With Marijuana

    The teenager must undergo monthly drug tests and is not allowed to use the smokeable marijuana that helped his ailments. 

    After treating their chronically ill son’s debilitating seizures with smokeable marijuana, Matthew and Suzeanna Brill lost custody of 15-year-old David for more than a month and faced criminal charges as well as a possible prison sentence.

    But as High Times reported, the Georgia couple has been reunited with their son with help from the American Civil Liberties Union (ACLU). The organization appealed to the Twiggs County Juvenile Court in support of the family and their son’s health issues; in response, the court issued a 12-month protective order, which allows the family to stay together, and may ultimately lead to dismissal of the criminal charges against the Brills.

    David Brill suffers from constant and severe epileptic seizures that, according to the Brills, did not respond to the marijuana extract cannabidiol (CBD) oil, which has been suggested by some clinical trials as an effective treatment for such a condition.

    Concerned for their son’s health, the Brills gave him smokeable marijuana—possession of which is considered a misdemeanor in the state of Georgia—which, they claimed, allowed him to live without seizures for nearly three months.

    The Brills said that they never forced David to smoke marijuana, and informed their doctors, a therapist and the police about their decision. 

    A visit from the police led to David’s removal from his family’s home by Georgia’s Division of Family and Children’s Services (DFCS) for more than 30 days, during which his seizures returned, while the Brills spent six days in jail on reckless conduct charges. Upon their release, the Brills launched a GoFundMe campaign to offset the cost of a lawyer to advocate for David’s return and their pending charges.

    But in late June 2018, the Georgia branch of the ACLU stepped in to file an amicus brief to reunite David with his parents, which argued that the Brills’ use of marijuana was done only to provide relief for their son and in a manner supported, albeit indirectly, by the Georgia Legislature, which allows the possession and use of 20 fluid ounces of low THC oil for specific medical conditions, including seizure disorders.

    In response to the ACLU’s efforts, the Twiggs County Juvenile Court issued a 12-month protective order, which reunited David with his parents on condition that the family checks in twice a month with the DFCS and provides them with his medical records.

    David must also undergo monthly drug tests, but will be allowed to continue to take cannabidiol along with other epilepsy medication to treat his seizures.

    If David does not test positive for THC and his parents cooperate with the DFCS, the juvenile court can terminate the protective order and dismiss the charges against Matthew and Suzeanna Brill. A review is scheduled for December 13, 2018.

    View the original article at thefix.com

  • Overdoses Increasingly Lead To Criminal Charges

    Overdoses Increasingly Lead To Criminal Charges

    Family members and the public aren’t convinced that prosecuting friends—who are often on drugs themselves—is the best use of resources. 

    When someone dies from an overdose it is undeniably a tragedy, but is there someone to blame? Increasingly, the answer—legally speaking—is yes.

    It’s becoming more common for authorities to charge family members, friends and dealers with homicide for their role in securing drugs, or even their presence when the drugs were taken, according to a report by The New York Times

    “I look at it in a real micro way,” Pete Orput, the chief prosecutor in Washington County outside Minneapolis, told the paper. “You owe me for that dead kid.”

    Mark S. Rubin, a county attorney in Minnesota who has brought charges related to overdoses, said that the situation is complicated, but ultimately there is criminal responsibility. 

    “People agree, you know, there’s nobody forcing someone to take the controlled substance. But somebody might agree to take it from their friend or their boyfriend or girlfriend and they end up dying because of it,” Rubin said. “We feel that constitutes a crime of possibly murder in the third degree, but at least manslaughter in the second degree.”

    The Times found that in 15 states that keep records, there have been more than 1,000 charges of homicides related to overdose deaths since 2015. Between 2015 and 2017, prosecutions of this nature nearly doubled.

    While law enforcement officials say that this tough approach is justified and will stem the use of drugs, family members and the public aren’t convinced that prosecuting friends—who are often on drugs themselves—is the best use of resources. 

    “It’s kind of like blaming the leaves on the tree, you know?” said Michael Malcolm, of Breckenridge, Colorado, whose younger son was charged with the death of his brother, who overdosed on drugs that the boys had bought together online. “What about the roots?”

    The Times investigation found that charges are brought under a variety of laws. Twenty states have specifically made delivering drugs that result in death a crime. Others use standard homicide and manslaughter charges. In some cases, friends and family have been charged with dealing or distributing drugs, even if they did not exchange drugs for money with the person who died. 

    “State laws vary, but drug ‘distribution’ or ‘delivery’ is generally not limited to selling,” the Times reporters wrote in an accompanying question and answer piece. “It can include sharing drugs, giving them away, or having a friend pay you back for drugs you bought.”

    Many states have Good Samaritan laws, which are meant to protect the person who calls 911 when someone is overdosing. Often, these laws protect someone who may also be using, but if that person was involved in securing the drugs that caused the overdose they can still be charged, according to the report. Vermont and Delaware are the only states that explicitly protect callers from prosecution.

    View the original article at thefix.com

  • Farrah Fawcett's Son Blames Recent Arrest On Parents, Not Drugs

    Farrah Fawcett's Son Blames Recent Arrest On Parents, Not Drugs

    Redmond O’Neal claims his troubled life is a result of the expectations and attention placed on him for being the son of the famous couple.

    Redmond O’Neal, son of Farrah Fawcett and Ryan O’Neal, blames his recent arrest not on drug problems, but because of the pressure of having famous parents.

    After many speculated that his alleged robbery of a 7-Eleven convenience store earlier this month may have been tied to his struggles with drugs, he claims that the root cause is deeper.

    “It’s not the drugs that have been a problem, it’s the psychological trauma of my entire life—my whole life experiences have affected me the most,” O’Neal revealed to RadarOnline. “Fighting with my father, being kicked out and living on the streets, going to jail, being put in a psychiatric ward, being embarrassed all the time, just because of who my parents are.”

    The celebrity son has been charged with six crimes following the incident, including assault, drug possession, second-degree robbery, possession of a smoking device, and possession of an injection/ingestion device.

    At the time of the arrest, O’Neal reportedly had heroin and methamphetamine on him.

    “The pressure that came with that set off a time-bomb in my head. I never asked for any of this, I never wanted any attention,” he said.

    He pleaded not guilty and the judge denied him bail.

    “This last arrest, something happened to me. I’m not doing good. I can’t go back, no way can I go back. I just can’t do it,” he said. “I hated prison, it wasn’t good. I don’t do well in there. In my mind, I’ve lost all hope.”

    Things don’t look good for O’Neal as the felony complaint also alleges that “the defendant personally used a deadly and dangerous weapon, a knife, during the commission of the robbery.”

    According to authorities, O’Neal held up the store clerk and took an undisclosed amount of money before fleeing around 2:30 in the morning. He was soon arrested with the knife that matched the description of the one the store clerk described being brandished in the robbery.

    The incident is yet another in the long line of troubles O’Neal has found himself in. In 2015, he escaped having to serve a three-year sentence when his trial judge credited him a year served. He has also had probation revoked multiple times, having struggled with drugs for most of his adult life.

    This includes a 2015 incident in which he lost his probation when a judge found he used drugs and did not go to his doctor’s appointments.

    View the original article at thefix.com