SHERIFF’S DEPUTY FAULTED IN JAIL DEATH
Review board probe finds proper checks on inmate were not conducted
A Vista jail deputy failed to conduct proper checks on an inmate for up to 48 minutes before he was found unconscious and later died, an independent review of the death has concluded.
The Citizens’ Law Enforcement Review Board investigation cited two violations by the San Diego sheriff ’s deputy in the death of Luis Ahyule Gomez, who died in the Vista Detention Facility in March 2021.
“There was a preponderance of evidence that showed Deputy 1 was notified multiple times of concerns for Gomez’s well-being but failed to take action to summon medical aid,” according to the review board report.
“Based on (Sheriff’s Department) records, interviews and policy, a preponderance of evidence showed Deputy 1 did not conduct (a) hard count or COVID-19 temperature check in accordance with policy,” investigators wrote.
Gomez, who was 43, had been arrested in February 2021 on suspicion of assault with intent to commit a felony and attempted forcible rape, court records show. His last known address was in the East County community of Jamul.
After an internal investigation, the Sheriff’s Department announced in August that Gomez died from COVID-19-related pneumonia. He was the second of 18 inmates to die in San Diego County custody last year.
Nine people have died in Sheriff
’s Department jails so far in 2022.
The misconduct findings are the latest in a continuing series of missteps by jail deputies and medical staff.
It is unclear what penalty or consequence the county employees might face as a result of policy violations because their identities are not disclosed and disciplinary decisions remain confidential under the collective-bargaining agreements negotiated with labor unions.
Last year, however, District Attorney Summer Stephan filed criminal charges against a nurse in the
2019 death of Elisa Serna, who was left slumped and unconscious on the floor of her cell at the Las Colinas women’s jail and later died.
A preliminary hearing in the case against Danalee Pascua is scheduled in San Diego Superior Court next month.
The Citizens’ Law Enforcement Review Board investigation into Gomez’s death last year stopped short of finding that the deputy’s actions contributed to the fatality.
But the review found that the deputy failed to check Gomez’s temperature or confirm he was safe through the “hard count,” when guards are required to verify detainees’ health through verbal or physical contact.
“There was insufficient evidence to determine if the improper hard count or temperature check would have prevented Gomez’s death by summoning medical aid sooner,” the outside review stated.
But investigators found that the deputy violated two Sheriff’s Department policies. Specifically, the deputy failed to conduct the hard count needed to make sure Gomez was alive and well, and also failed to conduct a temperature check.
Review board investigators
said another inmate stated in a letter that he told the deputy Gomez was sick as lunches were being delivered.
“I also let the deputy know this is Mr. Gomez’s second time passing out,” the cellmate told investigators. “... (Deputy 1) verbally addresses Mr. Gomez several times unsuccessfully. He then closes the tray slot and continues the feeding.”
Investigators also found that the deputy violated policies requiring guards to check the temperature of inmates to make sure they are safe.
“His actions were not justified,” the report stated.
The findings were based in part on confidential information, according to the review board.
“Confidential information provided by Deputy 1 and a Departmental Information Source were considered in arriving at the recommended finding,” the report said.
Even so, the unnamed deputy did not answer questions from review board investigators.
“Deputy 1 exercised his option to decline participation in an interview pursuant to a long-standing agreement between CLERB and the Deputy Sheriffs Association,” investigators wrote.