Family files wrongful death suit over man’s suicide
Parents allege negligence, say guard fell asleep during shift in control room
The parents of a man who died by suicide at the Penitentiary of New Mexico outside of Santa Fe in 2023 have filed a wrongful death lawsuit saying their son would still be alive had guards done their jobs.
The suit, filed recently in state District Court against the state Corrections Department and several prison guards, says 33-year-old Alejandro Valdez was able to kill himself in his cell sometime between May 26, 2023 and May 27, 2023 because a guard on duty had fallen asleep in the control room and “did not wake up until 5:30 a.m.”
The woman started performing her rounds at 5:30 a.m., according to the complaint, but by then it was too late — she found Valdez around 5:36 a.m.
The complaint says Valdez had told another guard he was going through a hard time because he had just lost someone close to him. Had the guard conducted her assigned rounds, the complaint says, “she could have noted signs of distress from inmate Valdez and prevented his death.”
“The Code of Conduct for Correctional Officers does not permit Officers to sleep while on duty,” the lawsuit says.
The lawsuit accuses the state of negligent training and supervision and seeks an unspecified amount of damages.
A report regarding the incident which The New Mexican obtained from the Corrections Department doesn’t indicate any wrongdoing on behalf of staff. A portion of the report which calls for the documentation of any “employee action/inaction” was left blank.
Another portion of the report which calls for review of staff actions notes: “Good job, all staff responded quickly and appropriately.”
The report seems to indicate checks were done according to protocol on May 27, but it doesn’t includes details of checks performed on May 26.
Eight pages of the 53-page report were redacted in their entirety. A department spokeswoman said the information on those pages was withheld because it was “medical” in nature.
Court records show Valdez was serving an 18-year sentence after pleading guilty to assault on a peace officer, conspiracy to commit a violent felony on a peace officer, tampering with evidence and criminal damage to property in connection with an incident in which he exchanged gunfire with officers after being pulled over in an allegedly stolen car. He was hit in the shoulder by a bullet while escaping the scene but was apprehended later a private residence in Albuquerque, according to a criminal complaint.
Valdez left behind several letters in his prison cell, including one to his parents, which was included in the report.
In it he says he’s moving on to a better place and asks them to “tell my daughter that I passed a different way.” “I’ve been dead to everyone already anyway,” the letter says. “I want to be cremated, it’s cheaper,” Valdez added. “I also don’t think anyone would go to my grave anyway.”