Maverick County Sued for Wrongful Death by Estate of Former Pre-Trial Detainee

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

The Estate of Noe Armando Gonzalez, by and through personal representative Sara E. Castillo,  has sued Maverick County, Maverick County Sheriff’s Department, Sheriff Tom Schmerber, Officer Miguel Hernandez, Officer Felipe Solis, and Officer Emmanuel Galindo for the wrongful death of pre-trial detainee Armando Gonzalez on August 23, 2013 at the Fort Duncan Regional Medical Center in Eagle Pass, Texas, according to Plaintiff’s Original Complaint filed in the United States District Court, Western District of Texas, Del Rio Division, in Del Rio. Texas on March 26, 2015.

According to Plaintiff’s Complaint, Noe Armando Gonzalez was “stopped, arrested, and charged with reckless driving, driving while intoxicated, and possession of Marijuana less than 2 ounces by Defendant Officer Miguel Hernandez with the Maverick County Sheriff’s Office” on August 22, 2013.

During the arrest of Gonzalez, Deputy Sheriff Miguel Hernandez “saw” Gonzalez “swallow contraband, however, he did not verify his suspicion.”  Deputy Sheriff Miguel Hernandez transported Gonzalez to the Tom Bowles Detention Center and Gonzalez arrived at 11:39 P.M. at the Maverick County Jail.

Prior to his booking, Gonzalez “was placed in a ‘violent cell’ to allegedly sober up.”  At approximately 2:11 A.M. on August 23, 2013, Gonzalez requested a blanket and mattress which were provided to him by Defendant Officer Felipe Solis.  An hour and forty minutes later at 3:50 A.M., Defendant Officer Felipe Solis discovered Gonzalez lying on the detention cell floor with seizure-like symptoms.  At approximately 4:18 A.M. on August 23, 2013, an ambulance arrived at the Tom Bowles Detention Center and transported Gonzalez to the Fort Duncan Regional Medical Center.

Gonzalez was pronounced dead at the Fort Duncan Regional Medical Center at approximately 5:20 A.M. on August 23, 2013.

Gonzalez’s Estate alleges that Maverick County, Maverick County Sheriff’s Department, Sheriff Tom Schmerber, and Officers Miguel Hernandez, Felipe Solis, and Emmanuel Galindo violated his constitutional fourteenth amendment rights by failing to provide him with adequate medical care and protection from harm while in custody at the Tom Bowles Detention Center, causing substantial harm and the death of Noe Armando Gonzalez while a pre-trial detainee of the Maverick County Sheriff’s Department.

Gonzalez’s Estate alleges that Maverick County Sheriff Department Officers Miguel Hernandez, Felipe Solis, and Emmanuel Galindo did not provide Gonzalez any medical attention to determine he had swallowed and placed him in a detention cell at the Tom Bowles Detention Center.

Gonzalez’s Estate further alleges that the acts and omissions of Maverick County, Maverick County Sheriff’s Department, Sheriff Tom Schmerber, and Officers Miguel Hernandez, Felipe Solis, and Emmanuel Galindo were reckless acts which were committed in utter disregard for the safety and care of Noe Armando Gonzalez while a pre-trial detainee at the Tom Bowles Detention Center and failed to establish and enforce reasonable medical care policies and procedures for pre-trial detainees such as Gonzalez.  Gonzalez’s Estate alleges that as a result of Maverick County and its Defendants’ lack of reasonable medical care policies and procedures for pre-trial detainees at the Tom Bowles Detention Center, Noe Armando Gonzalez died while being a pre-trial detainee of the Maverick County Sheriff’s Department.

Gonzalez’s Estate claim that as a result of his death, the family has lost his companionship and future relationship, pecuniary losses such as medical bills, loss of income and support, funeral expenses, and seek compensation for actual damages and punitive damages in excess of One Million Dollars ($1,000,000) from Maverick County and its Defendants.

Maverick County Commissioners Court discussed this newly filed lawsuit against Maverick County, Maverick County Sheriff’s Department, Sheriff Tom Schmerber, and Maverick County Deputy Sheriff’s Miguel Hernandez, Felipe Solis, and Emmanuel Galindo during their special meeting held on Monday, April 13, 2015 and authorized Maverick County General Counsel to defend Maverick County and its Defendants in U.S. District Court in Del Rio, Texas.

Generally, Defendants deny the allegations of Plaintiff’s Complaint and engage in discovery to determine the liability, if any, of Defendants and whether any settlement is necessary or a jury trial on the merits is warranted.