DETROIT – Wayne County Prosecutor Kym L. Worthy announced Monday there will be charges connected to the death of man while he was in police custody in Westland.
In December 2017, William Marshall was arrested by Westland police. According to Worthy, Marshall began convulsing on the ground while in custody. EMS was called to assist. However, Sgt. Ronald Buckley told the EMTs not to intervene. Paramedics never did an assessment, Worthy said. She said they failed Marshall.
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Buckley and two paramedics -- Matt Dicosola and Leah Maynard -- face charges of involuntary manslaughter and misconduct in office.
READ BACK: Protest rally held over death of man in Westland jail 4 hours after arrest
Westland Police Chief Jeff Jedrusik issued the following statement in response to the charges:
The charges today against the City of Westland police officer are taken seriously by the department and the City administration. The officer charged today has been suspended pending the Departmental investigation and discipline. We will provide the police union the necessary notice of our intention to conduct and finalize our investigation into this matter.
After the investigation, we will take the necessary discipline up to and including termination of the officer.
The Westland Police Department has implemented changes to department’s policies and procedures regarding prisoner incarceration. The Department has provided additional training to its employees and will continue to do so to ensure that something like this never happens again.
Here is the full statement from Worthy's office:
On December 10, 2017, at 6:28 a.m., William Marshall was arrested for cocaine and marijuana possession during a traffic stop. At the time of his arrest, he was observed to have a white powdered substance on the side of his mouth, but claimed it was a donut, denied that he had ingested drugs. While in the presence of the arresting officers, Mr. Marshall spoke and walked normally. At 6:39 a.m. he was taken into the Westland jail for booking and the inside of his mouth was swabbed for the presence of drugs. At this time he did not report any medical issues and appeared to be in good health. At approximately 7:51 a.m., Mr. Marshall began convulsing, having muscle spasms and was unable to walk. Mr. Marshall and the other inmates in his cell asked jail personnel for help. Sgt. Ronald Buckley, the watch commander for the jail, called EMS.
Westland Paramedics Matt Dicosola and Leah Maynard were dispatched to the jail and arrived at 8:01 a.m. It is alleged that Sgt. Buckley and the paramedics observed Mr. Marshall on the cell floor at 8:02 a.m. At this time they saw Mr. Marshall convulsing, telling them he was having a seizure, and asking for help. He was then dragged from the cell into a hallway. It is alleged that neither paramedic took vital signs for Mr. Marshall, performed a medical assessment, or medically intervened in any manner as they watched Mr. Marshall on the floor, in distress, repeatedly requesting their help. At 8:07 a.m., Mr. Marshall was placed back in the jail cell while convulsing, and an inmate tried to come to his aid. It is further alleged that Paramedic Dicosola looked at Mr. Marshall and indicated that he and Paramedic Maynard could transport him to the hospital in case he had ingested something, but he concluded that he was not having a seizure. It is alleged that despite observing Mr. Marshall in distress, Sgt. Buckley determined that Mr. Marshall should remain in jail and dismissed the paramedics at 8:10 a.m. At approximately 8:27 a.m., Sgt. Buckley is alleged to have seen Mr. Marshall continuing to have convulsions. Sgt. Buckley failed to seek medical attention for Mr. Marshall when he left the cell area at approximately 8:30 a.m.
Mr. Marshall continued to convulse after being placed back in the cell, although the force and frequency of the convulsions diminished over time. At 9:17 a.m., Mr. Marshall was motionless. At 9:27 a.m., Sgt. Buckley observed Mr. Marshall not moving and he had another officer check his pulse and drag him into the hallway where they administered CPR and used a defibrillator. At approximately 9:39 a.m., paramedics returned to the jail. At 9:41 a.m., Mr. Marshall was transported from the jail to a local hospital where he was pronounced dead. Mr. Marshall’s cause of death was determined to be from cocaine toxicity.
No charges in Ecorse case
Meanwhile, Worthy declined to bring charges in connection with the death of an Ecorse man who died while in police custody. Here are the facts of this case, according to Worthy's office:
On June 6, 2017, Frank Porter, the decedent in this case, walked away from a heroin addiction rehab facility in Petoskey, Michigan. On June 9, 2017, at approximately 9:00 p.m., Mr. Porter was observed asleep in his wife’s car at a gas station located in the 150 block of Southfield Road in Ecorse. The police were called. Upon arrival, the police found Mr. Porter awake, sniffling, and sitting up in the car. They investigated Mr. Porter’s nose and mouth, as well as the vehicle, for evidence of narcotics use. Nothing was found. Mr. Porter told the officers that he had some beers, but had not taken drugs and was just tired.
When the officers placed his name in the state law enforcement data base, they discovered a misdemeanor from Lincoln Park and the outstanding felony warrant from Emmet County. Mr. Porter was placed under arrest
Based on his interactions with Mr. Porter at the gas station, an arresting officer completed a booking form indicating “yes” for alcohol and “no” for drugs. The body camera of the officer showed that Mr. Porter’s property was placed in an evidence bag. Although he can be seen nodding occasionally, the behavior was consistent with Mr. Porter’s representation that he had worked a long day and had two beers. In all of his statements, Mr. Porter denied having any medical conditions or needing any medical treatment. At 11:02 p.m., Mr. Porter was then lodged in a cell at the Ecorse Jail by himself. Mr. Porter is seen on video in the cell. There is a short period of time when he is out of range of the camera.
The watch commander on the midnight shift has the responsibility to ensure the safety of prisoners as well as answer and dispatch any 911 calls. The watch commander’s desk contains video monitors displaying all of the cells in the lock-up. According to Ecorse Police Department regulations edited in 2012, prisoners are to be checked on every 30 minutes. There is no distinction in the regulations, or in practice, whether this needs to be by video or in person.
The video of Porter’s cell shows him moving for approximately 22 minutes, but at certain points, being out of view of the camera. The cell video indicates that at 11:24 p.m., he is sitting down with his head in his hands, staring at the floor. Mr. Porter never moves from this position. At approximately 11:30 p.m. the video surveillance shows a brownish fluid beginning to pool around the drain in his cell.
Another officer served breakfast to the prisoners at the beginning of his shift at 7:00 a.m. He left a breakfast bun and a glass of water in the pass-through slot of Mr. Porter’s cell before he went out on patrol. He observed Mr. Porter seated with his head down and believed he was sleeping. Although a brownish fluid appeared on the surveillance video, it was impossible to see the drain with the cell door closed when he was serving breakfast. The medical examiner who conducted the autopsy in this case indicated that the fluid pooling into the drain after Mr. Porter became still was most likely “purge fluid.” Purge fluid is discharged through the mouth and nose after death when the circulatory system fails to move the fluid through the body.
When the same officer returned to serve lunch at 2:25 p.m. on June 10, 2017, he saw Mr. Porter in the same position. The officer went into the cell to look more closely, and found Mr. Porter deceased. Mr. Porter had been in the same position for approximately 15 hours and 10 minutes.
Cause of Death
According to the Wayne County Medical Examiner, the cause of death was from heroin and fentanyl toxicity. This would be consistent with Mr. Porter dying within moments of sitting down and becoming motionless at approximately 11:24 p.m.
Worthy held a news conference Monday morning to announce her charging decisions. Watch the news conference here: