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LAS VEGAS -- The household of a Nevada inmate who died successful custody aft helium was pepper-sprayed, shackled and restrained is disputing the authoritative relationship of his decease successful a coroner's study portion besides accusing situation unit of excessive unit and destroying video evidence.
A suit filed this week successful Clark County District Court says Patrick Odale wasn't acting erratically and “growling” astatine officers, arsenic the coroner's study states, but was suffering from an asthma onslaught erstwhile helium approached situation guards successful December 2023 astatine Southern Desert Correctional Center, a mostly medium-security installation adjacent Las Vegas.
Instead of helping Odale, the suit alleges, officers pepper-sprayed and bushed him and restrained him with his look to the ground. The 39-year-old was pronounced dormant soon after.
The suit alleges the Nevada Department of Corrections and its director, the situation warden, correctional officers and different situation unit engaged successful a wide conspiracy that it says sought to screen up the grade of Odale's injuries and the officers' usage of force.
“Patrick endured a prolonged and achy death,” the suit says.
It besides names the Clark County coroner's bureau and the aesculapian examiner who performed Odale’s autopsy, saying the autopsy study downplayed Odale's injuries portion overstating the relation that drugs recovered successful his strategy played successful his death, which was ruled a homicide.
Both the region and the authorities Department of Corrections said Wednesday they can't remark connected pending litigation.
The coroner's report, which was finalized successful August 2024, said Odale died of “ positional and mechanical asphyxia successful the mounting of instrumentality enforcement restraint." But it besides said helium had debased levels of methamphetamine and an carnal sedative successful his system, and that the drugs were a “major contributor” successful his death.
The suit raises questions astir the aesculapian examiner's determination to database the drugs arsenic contributing to his death, but not Odale's different injuries.
Autopsy photos included successful the suit amusement purple bruises crossed Odale's shoulders and precocious back, arsenic good arsenic connected his wrists, arms and lips. The coroner's study describes the injuries arsenic “minor blunt unit trauma," portion the suit says they were “critical injuries.”
Odale, a begetter of two, was sentenced successful aboriginal 2023 to up to 2 years successful situation for possessing a stolen recognition paper and attempting to transportation a concealed weapon, tribunal records show. He died weeks earlier helium was acceptable to beryllium released from custody.
“We were counting down the days. Instead of welcoming him home, we mourned his decease and had nary accidental to accidental goodbye,” his 15-year-old girl said successful a connection provided by Return Strong, a radical advocating for radical who are incarcerated.
According to the coroner's report, officers said Odale was “erratic and growling” astatine them connected the nighttime of his death, starring them to pepper-spray him and enactment him successful a retention country with gait tools for respective minutes until helium began “thrashing the room." Then officers pulled him to the ground, restrained him and took him to the situation infirmary, the study says.
But the suit claims that different inmates who witnessed the incidental reported proceeding Odale begging for aesculapian unit and saying helium couldn't breathe. The inmates, according to the lawsuit, besides reported seeing guards smash Odale's caput into a alloy doorway framework aft pulling him retired of the retention room.
Some of the altercation was captured connected information video, the coroner's study shows, but it besides indicates that determination whitethorn beryllium a spread successful the footage.
The footage, arsenic described by the autopsy report, shows Odale groaning arsenic helium is taken to the infirmary. He is face-down with his hands shackled down his back. Then, the autopsy says, “after a gap, video sum resumes,” showing situation unit performing CPR connected an unresponsive Odale.
The corrections section has not released immoderate of the video to Odale's household oregon the instrumentality steadfast representing them, said James Urrutia, their lawyer.
Urrutia is besides representing the household of different inmate, Christian Walker, who died aft helium was beaten by guards astatine High Desert State Prison adjacent Las Vegas. Their ongoing lawsuit disputes the coroner's study successful that lawsuit and accuses situation unit of trying to screen up the death.
Walker’s look was swollen and smeared with humor erstwhile helium died successful custody successful April 2023, according to an unredacted transcript of his autopsy obtained by the AP. He besides suffered caput trauma and different injuries to his torso, cervix and extremities.
The aesculapian examiner successful Walker's lawsuit concluded it was a earthy decease caused by bosom problems.
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