EP County jail fails state inspection after inmate’s death; 2 jailers accused of falsifying log

Two El Paso County jailers were arrested and charged with tampering with records after the death of county inmate Roberto Gallegos, 58, at the County jail annex in Far East El Paso.

The death led to an immediate state inspection and the County jail reportedly failed in the areas of health services and supervision, a report obtained by the ABC-7 I-Team states.

In an interview with ABC-7, Sheriff Richard Wiles confirmed the detention officers charged are Matthew Garrett McBain and Dorian Lautret. The detention officers are accused of falsifying logs detailing when they checked on Gallegos.

Gallegos was found “pale” and unresponsive the morning of September 16, 2017 as inmates were being served breakfast at about 4:25 am, the report states.

The jail’s clinical staff performed CPR on Gallegos at 4:45 am, the report states, adding El Paso firefighters later performed CPR on Gallegos at 5:12 am. The inmate was declared “deceased” at 5:20 am, the report states.

“We routinely go through the logs and see if there’s any missed, or are outside the time limits,” Wiles said. “If it was 70 minutes instead of 60, we would question that.”

Wiles said the autopsy came back and said Gallegos died of natural causes.

“We don’t believe it’s necessarily connected to the officers’ failure to do the checks, if that would have resulted in a different outcome. But still, very disappointed in the officers, and again not indicative of the majority of our employees,” Wiles said.

Gallegos had an extensive criminal history. An ABC-7 review of county records found Gallegos was arrested 89 times on charges ranging from DUI to criminal trespassing.

McBain and Lautret have been placed on administrative leave without pay. Wiles said both of them will undergo a pre-termination hearing after Thanksgiving. Wiles said he is the one who holds the hearing and he is represented by his attorney. He said the officers will be there with their own attorneys, which is typically a union attorney.

“The purpose of that meeting is for the employee to provide any additional information or facts they would like for me to consider, before I make a final decision in their disciplinary case,” Wiles said.

In a letter addressed to El Paso County Judge John Vogt and El Paso County Sheriff Richard Wiles, Brandon S. Wood, the executive director of the Texas Commission on Jail Standards, said, “You are hereby notified the jail in your county fails to comply with minimum standards established … and appropriate corrective measures must be initiated.”

The letter, dated October 31, 2017, states, “A failure to initiate appropriate corrective action may cause a remedial order to be issued and enforced, or other appropriate action taken.”

The inspection report states, “After reviewing video and medical protocols regarding the distribution of medications, it was determined medical staff failed to observe the inmate take his medications … the investigator later found the medications, which were supposed to be taken by the inmate, sitting on a table in the inmate’s cell.”

The inspection report further states, “after reviewing documentation and video, it was determined that jailers failed to conduct visual face-to-face of inmates in separation cells in accordance to minimum jail standards.”

“ln regards to the death – in custody of inmate Robert Gallegos – it was confirmed and verified that inmates housed in POD 1400 Cellblock 10 are to be observed at least every 30 minutes. Video and logs revealed jail staff exceeded the required 30 minute observations by as few as 2 minutes and by as many as 11 hours and 7 minutes,” the report further states.

The County was ordered to respond to the Commission within 30 days.

The County jail was immediately ordered to:

Provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator. (Ensure that jail facility staff are trained on distribution of medication protocols. Ensure that staff observe the inmates taking his/her medications.”

All medical instructions of designated physicians shall be followed. (Ensure that jail facility staff are trained on medication administration and follow all doctor’s orders.)

Separate health records shall reflect a!! subsequent findings, diagnoses, treatment, disposition, special housing assignments, medical isolation, distribution of medications, and the name of any institution to which the inmate’s health record has been released. (Ensure that jail facility staff are trained on Medical Administration Record retention and ensure that all MARS forms are accessible for review if needed.)

Observation shall be performed at least every 30 minutes in Upon receipt of areas where inmates known to be assaultive, potentially this notice: Suicidal, mentally ill, or who have demonstrated bizarre behavior are confined. (Ensure that all jail facility staff are trained on inmate visual face to face observations. Ensure that all observations are performed in accordance with minimum jail standards.)

Wiles said if after 30 days the jail is not in compliance, the Commission could move to decertify the jail. He said he doesn’t think it will get to that point.