Jail Staff Could Face Felony Charges In Death Of Inmate

MILWAUKEE, WI — Last year, Terrill Thomas died while in custody at the downtown jail, and Milwaukee prosecutors are considering felony charges against the jail staff in connection to his death. No names have been mentioned in a motion filed this week regarding Thomas' death last April.

jsonline.com reports that this week's motion is the first indication that jail staff could face charges. Thomas, 38, was placed in solitary confinement nine days after being processed into the downtown jail. According to family members, Thomas was in the midst of a mental breakdown and he suffered from bipolar disorder.

Prosecutors have sought an inquest in order to take a more careful look at all facts involving what led up to Thomas' death. The inquest will allow them to compel witnesses to testify in public before a six-member jury. Under direction of a judge, the jury will consider charges and determine if there is probable cause to charge anyone with a crime.

The jury's decision serves as a guide for prosecutors; they are not obligated to follow the direction.

The autopsy showed that Thomas died from profound dehydration, and the Milwaukee Journal Sentinel reports that inmates say that water had been cut off in Thomas' cell after he flooded it.

Assistant District Attorney Kurt Benkley commented on the requirements jailors have regarding prisoner safety:

"When a mentally ill inmate, like Mr. Thomas, is locked in solitary confinement without access to water, his life is totally in his jailors' hands," wrote Assistant District Attorney Kurt Benkley. "The law must strictly require jailors to safeguard lives which are so completely entrusted to their care. Stupidity, thoughtlessness, indifference, and incompetence are not morally sufficient excuses nor valid legal defenses."

Prosecutors are evaluating what the standard of proof should be for the abuse-of- an-inmate charge. The distinction as to whether Thomas' jailers "knowingly" abused or neglected him is important. Prosecutors feel that they should only need to prove that the abuse occurred.

In Wisconsin, abuse of an inmate carries a maximum penalty of 42 months in prison or a $10,000 fine.

Image via Shutterstock