Los Angeles Times

Smell leads officials to body of inmate

Man had been dead for days before he was discovered in his cell, autopsy report says.

- By Teri Figueroa teri.figueroa @sduniontri­bune.com Figueroa writes for the San Diego Union-Tribune.

An inmate at the state prison in Otay Mesa was dead for days last April before prison staffers realized it, according to a recently released autopsy report.

Staffers initially blamed the smell on the sewer system, and the man’s cellmate discourage­d people from checking on the dead inmate, who was under a blanket on his bunk at Richard J. Donovan Correction­al Facility.

The cellmate was serving time in connection with the death of his father, whose decomposed body had been found under a mattress in his home.

The medical examiner’s office, which released the report this month, said James Acuna’s cause of death was “undetermin­ed,” noting it was possible the 58-year-old inmate serving a third prison term died of natural causes.

Last year, Sheriff’s Department officials said Acuna had been dead two to three days before he was found.

The investigat­ive narrative and autopsy report — in which informatio­n gleaned from medical records is redacted — provides a glimpse into the death of Acuna, who was found in his cell on April 24, 2017, his blanket pulled over his head.

The report indicates that, at one point, the smell from Acuna’s two-man, second-floor cell brought complaints from other inmates and prompted staffers to put in a work order, suspecting there was a sewer problem.

But the report provides few specifics, including the identity of Acuna’s cellmate.

It is also unclear how staffers were unaware of Acuna’s death, despite daily routine head counts, including one during which inmates are required to stand at their cell doors.

Sheriff’s homicide detectives — who handled the investigat­ion — determined that no homicide had occurred.

Sheriff ’s Lt. Rich Williams said a number of factors went into that conclusion, including an absence of trauma to the body. Investigat­ors looked at Acuna’s medical and custodial history “as well as the overall totality of the circumstan­ces surroundin­g the death.”

Williams declined to provide details into what Acuna’s cellmate told investigat­ors, including why he did not report the man’s death to prison staffers, or whether the cellmate suffers any sort of mental illness.

A spokeswoma­n with the California Department of Correction­s and Rehabilita­tion, which runs the state’s prisons, also declined to identify or discuss the cellmate, citing privacy reasons.

It remains unclear what the cellmate’s conviction was or how his father died and ended up under a mattress. And as to how the death could have gone unnoticed for at least two days, the spokeswoma­n, Vicky Waters, said that question remains under scrutiny.

“Our internal and administra­tive investigat­ions are still ongoing,” Waters said, “and once they are concluded, we will hold staff accountabl­e if any wrongdoing is found.”

Inmates last saw Acuna on April 21, 2017, when he was playing soccer. At that time, he had no complaints, the autopsy report said.

The next day, an inmate stopped by Acuna’s cell, but Acuna’s cellmate shooed him away, telling him not to come in because Acuna — on the bottom bunk under a blanket — had the flu.

A day later came complaints of an odor from Acuna’s cell, followed by a workorder request by staffers.

On April 24, 2017, Acuna’s cellmate didn’t want staffers to come into the cell or check on Acuna, according to the report, but staff “made entry” into the cell and found his body decomposin­g.

The autopsy showed that Acuna had various ailments but documented no natural disease or traumatic injury. Although he was not showing any symptoms of illness when he was last seen, Acuna could have died of natural causes. The redacted report notes that a homicide could not be completely excluded.

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