BEND, Ore. -- The Oregon Department of Justice has determined that Deschutes County Jail deputies are not criminally liable for the overdose death of an inmate, despite surveillance video that shows jail staff apparently mocking the victim's condition and waiting hours before trying to save his life.
KTVZ reports that the department's review of Edwin "Billy" Mays' December 2014 death concluded Tuesday and determined there was insufficient evidence to support criminal charges against the officers.
According to the review, Mays had been under the influence of methamphetamine when he was booked into the jail following a traffic stop on December 14, 2014. He allegedly told deputies he had not taken any drugs and did not need to go to the hospital.
Surveillance video, compiled by KTVZ, showed staff mimicking the way Mays was flailing in his jail cell.
Mays was booked into jail shortly after 5 p.m. At 7:12 p.m., one staff member told others that Mays asked to go to the hospital, while another said, "probably does." But 911 wasn't called until nearly two hours later, after Mays was lying down in his cell.
Arriving officers attempted lifesaving measures but Mays was pronounced dead at 9:30 p.m.
An autopsy determined his cause of death was methamphetamine toxicity.
"The loss of a family member is always difficult to experience," said Deschutes County District Attorney John Hummel. "However, to see video of your loved one in his final hours of life being mocked by government employees while in obvious distress must be particularly painful," Hummel said. "Anyone who looks at that video tape would conclude something wrong happened, something terrible happened."
But Hummel said there was not enough evidence to confirm that a crime was committed.
“A sober assessment of the facts indicates that on the night Ed Mays died mistakes were made and professionalism was lacking. Things needed to improve at the jail and Sheriff (Shane) Nelson made the changes necessary to right the ship," Hummel said. "At the same time, we know that many deputies acted heroically in unsuccessful efforts to resuscitate Mays and save his life. These deputies should be recognized.”
Contributing: Associated Press
