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Wednesday, Oct. 07, 2009

Ex-deputy's death at county jail in Modesto ruled accidental

DA's report says deputies' use of force to subdue inmate was legal

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Stanislaus County Jail officials were not responsible for the death of inmate Craig Prescott, who died in April two days after deputies used Tasers and pepper spray to subdue him when he acted out in their custody, Stanislaus County District Attorney Birgit Fladager announced Wednesday.

Fladager's report culminated a six-month inquiry into whether deputies acted criminally in subduing Prescott at the jail April 11. She determined they did not, citing a coroner's report that said Prescott died of hypertensive heart disease and determined his death was accidental.

Fladager's office further concluded that deputies used force in a legal manner to move Prescott into a "safety cell," an effort that escalated into a series of events that resulted in Prescott becoming brain-dead.

Prescott's family members have indicated they might file a civil lawsuit against the county because of his death and a lack of medical treatment they believe he received. His wife, Rachel Prescott, could not be reached for comment Wednesday.

"There was no criminal act," said Fladager, whose investigators reviewed medical records and conducted their own interviews for the report. "When anyone loses a loved one, it's a sad event; no matter the circumstances."

The results of the investigation are detailed in a 17-page letter from Fladager's office to the Sheriff's Department.

"The conclusion by the district attorney reaffirms what I have been saying all along," said Sheriff Adam Christianson. "Our deputies acted appropriately and professionally while attempting to care for Mr. Prescott."

Prescott, 38, was a former sheriff's deputy who once worked at the downtown Modesto jail. He was an imposing 256 pounds and an expert in martial arts whose size and strength prevented deputies from moving him easily when his behavior grew combative in the jail, according to Fladager's report.

He was booked at the jail April 7 on suspicion of stalking and making threats against his wife, who had a restraining order against him. She had custody of their six children and feared that he would harm them, according to the report.

Wife: Mental problems

Rachel Prescott has said she had her husband arrested because she wanted him to get help for mental health problems.

Shortly after he was booked, Prescott was seen by a jail doctor for a mental health assessment. He refused to take any medication.

Fladager's report gives a blow-by-blow account of the circumstances that left Prescott brain-dead:

• A sergeant noticed Prescott began "speaking in tongues" and making noise when he visited Prescott's cell April 11. The sergeant reported the behavior to jail medical staff, and made an appointment for Prescott to be examined by a mental health official.

• About 1:15 p.m., the sergeant discovered Prescott had tied a sheet around the bars of his cell, sealing the cell door closed. The sergeant asked Prescott to take the sheet down, but he refused and cursed at the officer.

Fladager said Prescott threw his own urine at the sergeant when he approached the cell. That's considered a felony charge of "gassing."

• Other deputies arrived and attempted to remove the sheet on Prescott's cell door. He splashed them with his urine.

• Jail officials decided to move Prescott to another cell that had a solid door to stop him from throwing liquids on the staff. The sergeant ordered Prescott to come to the door and "cuff up" so that he could be moved, but Prescott refused.

• About 1:45 p.m., the sergeant and seven deputies started a "cell extraction," which is accomplished by a group of jail staff members to overcome resistance and minimize the risk of harm to staff and inmates. Prescott refused to comply with the extraction team and barricaded himself behind his mattress, cursing at the jailers.