The Columbus Dispatch

Family demands answers in Richland jail death

- Lou Whitmire

MANSFIELD - It’s been more than than 15 months since Alexander Jose Rios died after being forcefully subdued by correction­al officers in an incident captured on video at the Richland County Jail.

Since then, his family members say they’ve been kept in the dark.

The special prosecutor said Friday he told the man’s stepfather he could not give him updates because it would be “inappropri­ate” and stressed he would not rush the case.

The Ohio Bureau of Criminal Investigat­ion and the Federal Bureau of Investigat­ion are conducting separate investigat­ions.

Rios, 28, was arrested on Sept. 18, 2019, at the Wakeman home of his parents, Don and Toni Mould, after a domestic incident involving an ex-girlfriend and taken to the Mansfield jail on an outstandin­g warrant, records show.

The next day, the Richland County Sheriff’s Office reported that it was investigat­ing an incident involving an inmate who had tried to commit suicide. The Sheriff’s Office said the Hispanic father of two boys, who was not identified at the time, had been standing on a half wall in a holding cell, shouting to jail staff through a door window, and officers said they believed he was going to try to take his own life. Sheriff’s Office video obtained recently by the News Journal shows the entire incident starting with correction­al officers trying to enter Rios’ cell to place him in a restraint chair.

But when they opened the door, Rios bolted out, racing past the deputies who pursued him and tackled him in a nearby hallway.

Eight days later he would be dead, with the coroner ruling he died of “excited delirium” and noting that he tested positive for amphetamin­es.

‘Sloppy’ tactics: Video of officials subduing Rios under investigat­ion

A criminal justice expert who reviewed the video for the News Journal questioned the tactics used by correction­s officers.

Dr. Philip Stinson, a professor of criminal justice at Bowling Green State University, called the officers’ efforts to subdue Rios “sloppy” and said they “demonstrat­ed a gross disregard for the value of human life.”

S. Forrest Thompson, the Medina County special prosecutor assigned to the case, said he told Mould he would not be able to provide updates on the investigat­ion.

“I certainly understand their frustratio­n. This is a very difficult situation — a very difficult situation with a lot of unanswered questions. You know that I brought BCI in and asked them to coordinate the investigat­ion. And that work is ongoing,” Thompson said.

“So as why is it taking so long? Well, there’s any number of reasons, none of which are within my control,” he said. “The investigat­ion will take as long as it needs in order to get it right.”

Thompson said the investigat­ion is ongoing and that his office takes it “very, very seriously.”

Video shows deputies holding Rios down, kneeling on his back

The newly released jail video obtained by the News Journal through a public records request shows five deputies holding Rios down, stepping and kneeling on his back while another presses the inmate’s head into the jail’s concrete floor as they try to handcuff him.

The Sheriff’s Office redacted parts of the video by blurring the officers’ faces.

After struggling for several minutes and being shocked with a stun gun, Rios became unresponsi­ve.

One of the jail staffers is heard shout

ing that Rios was turning blue.

In the initial news release, the sheriff’s office said officers initiated life-saving measures and summoned emergency medical services to the jail.

Mould said his stepson never regained consciousn­ess after the jail confrontat­ion. He also denied that his stepson was suicidal.

“My son probably was a handful — but he didn’t deserve that,” Mould told the News Journal.

Rios was transporte­d to Ohiohealth Mansfield Hospital where, on Sept. 27, 2019, he was taken off a ventilator and pronounced dead.

Thompson was appointed by Richland County Prosecutor Gary Bishop to investigat­e the incident, and the Richland County Common Pleas Court approved the appointmen­t.

You’re ‘causing a risk to harm yourself’

The jail incident began after deputies ordered Rios to come down off a short divider wall inside a holding cell.

In video recorded by correction­s officers, Rios refuses to come down, but does not make any threats to jump.

An unidentified correction­s officer stands outside the holding cell and orders Rios to get down.

“This is the last time I’m going to ask you,” the officer says. “I’ve asked you for five minutes and I’m not going to do it anymore.”

“What do you mean? I’m not supposed to be in here,” Rios replies.

The officer then warns Rios that he’s going to be placed in a restraint chair for his own safety.

“You’re not listening. You’re on a divider, causing a risk to harm yourself,” the officer says. “We don’t have time to continue that all night.”

As soon as officers open the cell door, Rios bolts out and runs past, but is quickly tackled.

Five officers struggle to restrain him.

Officers seen using stun gun, punch and cuff Rios in video

After about 10 seconds, a female officer tells the others to use their stun guns.

“Tase him! Tase him!” she shouts. Rios is shocked at least twice, then placed on his stomach, according to the video footage.

The female officer can be heard saying that Rios, who’s groaning, “must be on some type of drug, I believe.”

“Should we tase him again?” a deputy asks, to which the female officer replies, “You need to.”

No one moves to deploy their stun gun. An officer punches Rios in the head.

Another officer places one foot on Rios’ back and lifts his other foot off the ground, putting his full weight on the inmate for several seconds.

Rios can be heard gasping.

About two minutes after he ran out of the cell, Rios becomes unresponsi­ve.

“Let go of the cuff!” an officer shouts, but there’s no reply from Rios.

“Get a pair of shackles,” the female officer orders.

At that point, none of the officers appears to realize that Rios is unresponsi­ve.

An officer instructs another deputy to cuff Rios’ ankles.

It’s only when officers begin to lift Rios to his feet to put him in the restraint chair that they realize he’s unconsciou­s.

“Get up!” an officer shouts as Rios’ head rolls.

“He’s turning blue,” the female officer shouts. Ten seconds later, she tells someone to “call a squad.”

Rios is placed on his side.

“Try to get him some oxygen, make sure everything’s going OK for him,” an officer says.

Investigat­ion still open

The Ohio Bureau of Identification and Investigat­ion has provided few details on the ongoing inquiry.

BCI spokespers­on Zahid H. Siddiqi said Tuesday that “any BCI records potentiall­y responsive to your request are investigat­ory work product that currently constitute trial preparatio­n records.”

Siddiqi also told the News Journal that the FBI has an open case on the jail incident. Vicki Anderson, special agent for the Cleveland office of the FBI, declined to comment.

Richland County Sheriff J. Steve Sheldon issued a statement in response to the News Journal.

“Because these two outside agencies are involved in investigat­ing and reviewing the incident, the sheriff’s office cannot provide additional comment regarding the status of the investigat­ion or review. However, the sheriff’s office recognizes that the loss of life is always a tragedy and expresses its deep condolence­s to Mr. Rios’ family members.”

A sheriff’s office incident report lists five employees involved in the case by last name only.

The News Journal attempted to verify their full names and involvemen­t.

Stinson, the BGSU criminal justice professor, called the jail video “very troubling.”

Officers failed to follow best practices in removing Rios from the holding cell, which would have prevented Rios from running past them.

“That should never have happened,” Stinson said.

He noted that a correction­al officer “gratuitous­ly punched the inmate in the head and applied downward pressure on his skull while he was on the ground and being restrained.”

Meanwhile, Stinson said, the other officers “were applying downward pressure on the inmate’s chest, making it difficult for him to breathe and rendering him unconsciou­s.”

Stinson said he believes “there should be a criminal investigat­ion by an outside agency.”

Cause of death ‘excited delirium’

On Monday, the Richland County Sheriff’s Office’s legal counsel, Fishel Downey Albrecht & Riepenhoff, released the redacted jail video of the incident to the News Journal.

In the death certificate filed at Richland Public Health, Dr. Daniel Burwell, county coroner, listed Rios’ cause of death as “excited delirium.”

Montgomery County Coroner Dr. Kent Harshbarge­r, a forensic pathologis­t whose office conducted the Rios autopsy, said that in general, not addressing the Rios case specifically, excited delirium involves a person in a highly agitated state whose brain is misinterpr­eting informatio­n triggering the body’s organs to release stimulant chemicals.

“Whether the person is misperceiv­ing signals or they are actually in a physical confrontat­ion, their body is becoming more alert and the heart’s reaction with those chemicals is to beat stronger and beat faster and increase blood pressure,” said Harshbarge­r.

The coroner said drugs are typically involved, such as methamphet­amines, cocaine, or some kind of stimulant medication. Autopsies of people who die of excited delirium typically “don’t have solid autopsy findings like strangulat­ion or beating.”

The death certificate also listed “urinary drug screen positive for amphetamin­es per medical records at the hospital” as other significant conditions contributi­ng to death, but not resulting in the underlying cause of excited delirium.

Richland County Coroner’s Investigat­or Bob Ball released the autopsy report to the News Journal on Friday. The document describes a few small abrasions on Rios’ body but no notable trauma. The autopsy said a torn bag-like object was found in Rios’ stomach and that he tested positive for amphetamin­es.

‘Looking to get some closure’

Mould, in a letter to Thompson dated Dec. 16, 2020, requested informatio­n from the special prosecutor on the status of the investigat­ion.

“As you should know, Alexander Rios died as a result of the incident on Sept. 19, 2019, while in the custody of the Richland County Jail. We have been told that you are the independen­t investigat­ing party regarding our son’s death. We are looking to get some closure on the passing of our son,” Mould wrote.

“What concerns us, however, is the length of the investigat­ion — it has been ongoing for almost one year and three months. We feel that the investigat­ion into our son’s death should be completed after this extended period of time...,” Mould wrote.

Marion attorney J.C. Ratliff, who represents Rios’ stepfather and mother, said Wednesday that the case is an example of “justice delayed, justice denied.”

“We’re not going to wait on authoritie­s,” Ratliff said. “It’s been 16 months ago with video evidence. In the future we are going to be filing a federal lawsuit in the Northern District of Ohio in Cleveland on a violation of civil rights, excessive use of force and wrongful death.”

Ratliff said the jail video shows the five correction­s officers leaning on top of Rios and crushing him against the concrete floor.

“Why didn’t they just pick him up and put him in a cell?” Ratliff said. “He couldn’t escape. He was in a secured area.

“His stepdad wants someone to be held accountabl­e. It was unnecessar­y force that resulted in his death,” Ratliff said.

News Journal reporter Monroe Trombly contribute­d to this report. lwhitmir@gannett.com 419-521-7223

Twitter: @Lwhitmir

 ?? SCREEN SHOT FROM CORRECTION­S OFFICERS’ VIDEO ?? Alexander Rios, 28, of Wakeman, is shown on newly released body camera footage – redacted so officers’ faces are blurred – during a struggle on the jail floor Sept. 19, 2019. Five jail correction­s officers hold Rios down, stepping and kneeling on his back while another presses his head into the jail’s concrete floor as they try to handcuff him.
SCREEN SHOT FROM CORRECTION­S OFFICERS’ VIDEO Alexander Rios, 28, of Wakeman, is shown on newly released body camera footage – redacted so officers’ faces are blurred – during a struggle on the jail floor Sept. 19, 2019. Five jail correction­s officers hold Rios down, stepping and kneeling on his back while another presses his head into the jail’s concrete floor as they try to handcuff him.
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