A man in New Mexico has been awarded $22 million after being tossed in solitary confinement for 2 years following a DWI arrest. KOB-TV's Marissa Torres reports.
A man arrested for driving while intoxicated and then forced into solitary confinement for two years tried to get help by writing to the jail's nurse, but the only response he got was a dose of sedatives, his lawyer said.
Stephen Slevin, 57, was arrested in August 2005 in New Mexico’s Dona Ana County, charged with aggravated driving while under the influence and possession of a stolen vehicle, although Slevin maintains the car was lent to him by a friend. On Tuesday, a federal jury in Sante Fe awarded him $22 million in damages for enduring inhumane conditions in the Dona Ana County jail, which he emerged from "hollow," Matt Coyte, his lawyer, told msnbc.com on Wednesday.
Slevin had one medical examination after being arrested and was labeled suicidal, his lawyer said. He was jailed in lieu of posting a $40,000 bond.
“They put him in a padded cell for three days, but they never give him any treatment; their policy is to then just put them in solitary” if there are mental health issues, Coyte told msnbc.com Wednesday.
Coyte described Slevin in court documents as suffering with lifelong mental illness. He told msnbc.com that at the time of his arrest, Slevin had been depressed, and was borrowing a friend’s car because he wanted to get out of Las Cruces, N.M., where he had been living at the time.
He was physically healthy, but desperate to get treatment for his depression that he had been suffering with prior to being in solitary confinement - a cell with no natural light that prisoners are in 23 hours a day, although often times, guards failed to even grant Slevin his one hour of daily recreation time, his lawyer told msnbc.com.
Slevin sent more than a dozen letters to the jail nurse starting days after he was arrested, NBC affiliate KOB.com reported.
“I have not slept in days,” says one letter from Sept. 4, 2005, a couple weeks into solitary confinement. “I’m in a deep depression.” The letter also mentions his lack of appetite.
His mental decline
Two months later, KOB.com reported, Slevin wrote a letter again pleading for help, saying, “My dreams have been both weird and bizarre.”
By the end of November 2005, he wrote, “I’m afraid to close my eyes.”
Coyte, his lawyer, told KOB that if Slevin got any response at all, it was just to up his sedatives.
“He referred to a ‘Dr. Don’ [in the letters],” Coyte told KOB.com. “There was no doctor looking after him. There was a nurse, the nurse practitioner.”
But the so-called nurse practitioner only had a bachelor’s degree in psychology and no actual medical qualifications, KOB reported.
After a few months, Slevin gave up, writing: “I don’t know how much longer I can go on.”
“That was when he fell into a delirium,” Coyte told KOB.com.
Meanwhile, correspondence with the outside world tapered off as well, Coyte told msnbc.com on Thursday.
“His sister was writing him letters and sending him money,” Coyte said. “She thought he would get out soon enough; she would send him small amounts of money every few weeks.”
But when she didn’t hear back from Slevin, she became concerned. She called the jail, Coyte said, but was not given much information.
“She had no idea the condition he was in,” he said. “She is on the other side of the country with limited means. She wrote letters and he responded at the beginning, but then he lost touch with her. If your family member doesn’t write back, you may feel like they don’t want to talk you anymore; it wouldn’t cross your mind that something like this was happening.”
It wouldn’t be until months later that Slevin’s sister, whose name and location Coyte did not give, found out what her brother was going through: Forced to pull out his own tooth because he was denied access to a dentist, he told reporters on Tuesday. Toenails curling around his foot because they were so long. Basically forgotten about in his dark cell for more than 22 months.
"[Jail guards were] walking by me every day, watching me deteriorate," Slevin told KOB.com. "Day after day after day, they did nothing, nothing at all, to get me any help."
Slevin’s sister and other family members actively fought for his release near the end of his detainment once they became aware of his plight, Coyte told msnbc.com Thursday.
“It was her and his aunt and various other family members who were calling legislators, calling county commissioners, saying, ‘Where’s my brother?’” he said.
'Deplorable' conditions
The answer, for most of his 22-month detainment, was that he was in “deplorable” conditions of his solitary “pod,” court documents state, except for a 14-day period in May 2007, when he was sent to New Mexico Behavioral Health Institute in Las Vegas, N.M., for a psychiatric review. He had lost a third of his body weight by that point, documents say, and had bed sores and a fungal infection on his skin.
“As your insanity builds, some people holler or throw feces out their cell doors,” Coyte said Wednesday. “Others rock back and forth under a blanket for a year or more, which is what my client did.”
At the Behavioral Health Institute, Slevin was able to shower and to shave his beard, which had grown long and scraggly during his time in solitary, Coyte said. His mood improved. But after two weeks there, he was sent back to his solitary pod in jail for another month, at which point his mental state deteriorated to the point where he was deemed unfit to participate in his defense, and all charges against him were ultimately dismissed. He was released on June 25, 2007.
It's not clear why he was sent back to solitary after his stint in the mental health institute.
Dona Ana County officials were tight-lipped about the case, refusing to answer questions about whether any jail employees were reprimanded or fired over Slevin's treatment.
"We do not discuss personnel issues," Jess Williams, Dona Ana County's public information director, told msnbc.com on Wednesday.
Williams also wouldn't comment on whether the $22 million the county was ordered to pay would come from taxpayer money, saying only, "Dona Ana County will appeal the verdict."
Coyte sued the Dona Ana County Board of County Commissioners, the County Detention Center, and the jail director and former medical director in December 2008. According to court documents, the county jail’s former medical director, Daniel Zemek prescribed “complicated psychotropic medications” to Slevin without ever seeing him, and renewed prescriptions for him for at least 10 months without an in-person visit. Zemek left the county jail but an adequate replacement for him wasn’t provided, the court documents allege, so jail director Chris Barela continued to have Zemek prescribe medication to Slevin, despite not treating him.
John W. Caldwell, the defendants’ attorney, did not return a phone call from msnbc.com on Thursday.
Coyte, Slevin’s attorney, said greed on the county’s part was partially to blame.
“Talk to the [Dona Ana] County Commissioners who were around in 2000 to 2004 who knew this stuff was going on, and didn’t care,” he said. “Another side to this case is this jail was built to make money housing federal detainees. This is a border town. There are a lot of federal detainees from immigration issues, and the jail charges the federal government a particular amount of money for each detainee.”
Slevin was a county inmate.
“Federal inmates got better care than state inmates,” he said. “There would be better psychiatric care for the federal inmates than for the state or county inmates.”
Slevin will take lifelong medication for his PTSD, although he continues to have support from his sister, Coyte said. Court records show he now lives in Virginia Beach, Va.
More content from msnbc.com and NBC News


Yet more evidence of a broken system...
I couldn't have said it better myself. This is a disgrace; a shame upon all of us.
They talk about reprimanding and terminations of jail house employees. This is a larger issue. People need to be charged criminally, and that jail house shut down. It's embarrassing how these types of cases get written off as "oh he just fell through the cracks:". THese are human lives, and the system and the people who work in it have no humanity or empathy in them. It's just a cold job, and the inmates are objects to them. I'm glad he got a glob of money, but as much as the system tries to make examples out of inmates, an example needs to be made out of law enforcement, prosecutors, jailers, penitentiaries, the whole system.
It's terrifying to think this could happen here. Imagine if the jail hadn't posted his letters? He might have spent the rest of his life there and no one would have known. I wonder if that's ever happened?
This is what happens when rednecks are in charge. And yet, not surprisingly, everyone feigns innocence and no one will EVER be held accountable. Welcome to America in the 21st. century.
Until government officials are held criminally accountable for their actions instead of being protected by taxpayer settlements, nothing will ever change.
Nail their collective azzes to the wall! The f^ckin Idiots deserve nothing less!!!!
I am told that the attorney -- Caldwell -- stands to receive half of the judgement; approximately eleven million dollars. Is this true?
You don't want to do any jail time in Las Cruces. It can be a rough road.
So your massive prison system is broken and your health care system, your tax system, your Congress.
America should let the military take over all of those things, it is the one thing that functions extremely well.
Yeah great idea. We can be just like Egypt! or insert f'ed up country name here __________
Deleted - posted to wrong thread
Someone needs to do JAIL TIME for this!!
Our county also has a federal contract to house ICE inmates and they get twice the amount they would get for a local inmate. Seems like a conflict of interest to me.
Military government? No thanks.
absolutely disgusting
I've always said that NM's draconian approach to DWI offenders was a vicious and criminal system. Now, here's proof. (I live in NM, by the way, and lived in Las Cruces-- which is Dona Ana County-- for 4 years). I've heard other horror stories-- none so grim as this here-- but stories that would make your blood boil. NM law enforcement is a broken, damaged system full of cronyism, gang infiltration and drug peddling. Here's a website I discovered earlier this month that details some of the corrupt actions performed by NM LE:
http://www.realcrimes.com/Corruption_Overview.htm
Not that ALL law enforcement officers in NM are bad people-- I know a handful that are alright by me-- but there is systemic corruption at play. You know what NM LE tell their own families? Don't trust the cops. Scary sh*t, no?
Yet another example of GOP policies bearing the fruit of failure.
im a little confused, he spent 2 years in solitary, in a JAIL - with no access to a lawyer?
or did he have access to a lawyer, but his lawyer never bothered to check on his condition?
either I missed that part of the article, or it wasnt mentioned.
Yeah, because we know prisons in our metropolitan areas are run so well. You need to get a clue because you obviously have one at all....
And the award goes to....
NC Open Heart, for taking the discussion off topic and to THEIR agenda. Go politick somewhere else. This man has been done a huge injustice and all you care about are YOUR political agendas. Shame on you!
This isn't a GOP thing, this isn't a red state thing, this is a jail and prison system thing. the deisires of the public to have anyone convicted of a crime is to have these men and women, these fathers and sons, brothers and sisters, mothers and daughters to be "out of site" and hence "out of mind" and more so forgotten. They are stripped of of anything that can be called "hopeful" they are the lesser of worth in the eyes of the system and little more than "slave" labor. Yes, it is broken, but its foolish to think that it was ever "fixed" and as much as this case and others bring to light the needs to help those who are suffering without our own borders, the 15 seconds will fade and the hope of these men and women will too.
Every single person responsible needs to be jailed for two years and placed in siltary confinement. I can almost guarantee you they feel zero remorse for what they did to him. For the record, I am no liberal, I am someone who wants justice for this crime.
Guess you missed the story about the kid who spent 16 years in prison in Illinois: http://articles.chicagotribune.com/2012-01-24/news/ct-met-multimillion-verdict-wrongly-convicted-20120125_1_chicago-man-federal-jury-thaddeus-jimenez
within our own borders*
NC open heart;
Who is it that has been in power the last two years? Not the GOP. What part of party is of no consequence, don't you guys get? Look into politicians portfolios if you want to see where they loyalties truly lie. Democrat, Independent, Republican, tea party, now let's make it an acronym, DIRT. I doubt this is happenstance. ALL dirty, ALL the time. The only concern about "We the people" is the money they extort from us. This is an example of how bad it has become. When the President of the United States calls on the house and senate to end "Insider trading" by the members of both houses, that's telling. Or did you all miss that little gem in his state of the union address the other night? When he scolds them (ALL), including himself, to pay their fair share of taxes instead of using every loop hole on the books 5 minutes later, it's telling.
Government has become something that we should fear. If they can do this to this man, trample his rights, deny him health care, leave him to rot in a dark 6X10 foot cell, they can do it to any one of us. I doubt your main concern will be which party is in power if you find yourself so confined. It's time to wake up and realize all the Left-Right nonsense is by design. If we are arguing ideology, then few of us are watching them. And clearly, these people in D.C., state, county and city government bear watching closely.
You will never have a military Government because the military will never turn on the citizens. But on the other hand local and federal would burn down cities for pay. Just like this local jail here with this man. They have no accountability.They should endure the same fate.
WOW! Don't EVER get arrested for a DUI in New Mexico. $1,000,000.00 a month for incarceration isn't a bad trade off though.
Mexico or New Mexico, they appear to be governed by the same type of people, a Nurse Practitioner (needs to have a medical degree) having a Bachelor degree in Psychology, making medical diagnosis, where the hell is the State of New Mexico medical board, (forgot just like Mexico).
If he was jailed for DWI I'm sure it wasn't his first time. Wonder if he thinks twice before he drives drunk again? Maybe if this was more of a regular occurrence people would think twice about doing thinks that put mine and everyone life at risk...like driving drunk. Oh well I guess he as lots of cash for booze now....
It looks like all of you above seem to be amazed. THINK! We all believed in this "get tough on crime"thing and look how it turned out. Now we have a mostly privatized prison system more interested in how much money they have coming in rather than their basic function....... house detainees. They had to know this guy had no connections to get his can out of jail so they elected to collect the money for housing him. This stinks! It's hell when it happens to a white guy! I wonder how folks would feel if it was a Mexican. Probably would never make the news regardless of the payout.
Nicodemus, as quiet as it is kept both parties have also used the following issues to keep us divided: gay marriage, abortion, welfare, racial politics and any other "hot button" issue. I realized this cold fact some years ago. Too many of us still fiercely identify with political parties and specific politicians; not enough of us realize there precious little difference among them... Perhaps it is time for real alternative political parties to the current two...
Anybody who thinks this kind of treatment is normal, in exchange for a DWI charge, is sick and deranged. This isn't China, North Korea or the USSR. This is the United States of America. The addlepates who participated in this need their asses beaten to a pulp.
Not rehabilitation, Not punishment, just inhuman torture..it's ALL here in LIVING COLOR !!!...
"im a little confused, he spent 2 years in solitary, in a JAIL - with no access to a lawyer?
or did he have access to a lawyer, but his lawyer never bothered to check on his condition?
either I missed that part of the article, or it wasnt mentioned."
Thank you, Jessica. I was wondering the same thing. (If it's in the article. I missed it too.)
"The treatment for mental conditions is solitary confinement".....sheesh, inhuman, disgusting and unforgiveable.
He was arrested and then immediately put in a rubber room for observation. After three days he was locked in a solitary confinement cell. He was NEVER charged, he was NEVER arraigned, he was NEVER brought to trial. and, you ONLY get your lawyer AFTER you've been charged with a crime, BEFORE that you can walk out the door if you want (and are able to). and being arrested and being charged are TWO DIFFERENT THINGS
In this case they just picked him up and threw him in jail, period.
Don't be a criminal and you won't have to worry about how they treat you in jail. What if this guy had run you over and killed you while he was drinking and driving! Depression.....stop drinking! Alcahol is a depressant.
I'm glad this didn't happen in Nebraska, the right to screw the worker and the average citizen state because if it did, he may not have gotten anything in a court settlement here.
Miss Deanna, It sure sounds like he had no access to a lawyer. If he could not reach his sister, I am SURE he had no access to a lawyer. I have pretty much little or no respect for prison guards, as who would want to do that for a living. Someone who yells at people all day long. IT does not matter if it is a petty crime other... They simply don't care. BUT that NURSE!!!!! What happened?
Jean Rennais--"So your massive prison system is broken and your health care system, your tax system, your Congress. America should let the military take over all of those things, it is the one thing that functions extremely well." Spoken like a true European socialist. Which military dictatorship did you have in mind. Our system has problems, but not like you imagine. And if you're not a US citizen, please do us all a favor and SHUT UP!. Your non-American opinion is ABSOLUTELY irrelevent!
Do public defenders help people in prison? Perhaps he can't afford a lawyer, and how's he supposed to find one in solitary confinement?
@Whateverworks123
Actually, as was mentioned in the article but not the headline, he was charged with aggravated DWI and possession of a stolen car.
"Whateverworks123 If he was jailed for DWI I'm sure it wasn't his first time. Wonder if he thinks twice before he drives drunk again? Maybe if this was more of a regular occurrence people would think twice about doing thinks that put mine and everyone life at risk...like driving drunk. Oh well I guess he as lots of cash for booze now...." That's nice, but now please be quiet and let the grownups talk. I can only imagine that if it were YOU, your tune would change drastically!
Deplorable!
Doug in Reno, maybe you are the one who needs to
or maybe
this is a forum, for anyone to comment on, and you are out of line to tell anyone to shut up or that they can't comment. if you can't handle reading comments that reflect opinions that are different than your own without acting a fool and saying foolish things, maybe you would be best served by not reading the comments at all.
Appalling and disgusting. I'm glad Mr. Slevin has a few millions now and lives near family and is being taken care of.
This is what we do with our citizens who are in need of mental care. Imagine how we treat our veterans, who come with even more terrible issues having seen the worst of war...
The Dona Ana County authorities should be ashamed--and if the county has to pay for the verdict, so be it.
What I find interesting is the fact that this was a shared facility with county, state and federal detainees. Why didn't anyone from these different agencies take notice of this man and do something? What has happened here should be enough to dismantle that county's facility and to pull all federal funding from them for the abuse of this man. Those in charge should all have been brought up on charges of civil rights violations since this man was denied due process. I wonder why this has not happened yet or maybe, just maybe there is more to this story as I stated. There were three different agencies in this facility that should have noticed this human abuse occurring and did nothing. Something to think about. Bottom line everyone in that country should be summarily dismissed and barred from ever holding a civil service position again and to ensure this would be to have a judgement entered against them in the state and federal systems.
they should call themselves *The Prema-dona Country authorities*...
I find what happened to be an aweful injustice to this man..
To AH-3956113 even good people do stupid things once and a while and may end up in jail.. I can bet you have had a few drinks and drove at least once in your life time.. Just because people get in trouble and end up in jail, does not mean they deserve to be treated as poorly as this man was.. I feel that everyone involved in this poor mans injustice needs to spend some time in solitary confinement as he did, to know what they did to him and how he felt during his stay..
Obviously somebody doesn't agree with the county take on this matter............
CONDITIONS AT DETENTION CENTER FAR FROM ‘DEPLORABLE’
Media coverage of the Stephen Slevin verdict against Doña Ana County has painted an inaccurate picture of the conditions found in the Doña Ana County Detention Center.
The Doña Ana County Detention Center was opened in 1996. In 1999, the county received $2 million from the U.S. Marshal’s Service to partially fund a 290-bed expansion of the facility, bringing the total inmate capacity to 846. The detention center is not operated or supervised by the Doña Ana County Sheriff's Department. It is a stand-alone department within the county government structure.
The cells and cellblocks throughout the facility are clean, well-lit and have windows for detainees to look out and for officers to observe the detainees. General-population day rooms are large common areas surrounded by cell units. Day rooms are equipped with televisions and game tables, where the detainees can play board games, cards, checkers and chess.
General population detainees have access to both indoor and outdoor recreation areas, and they can avail themselves to a number of educational and rehabilitative programs offered by the staff, contractors and volunteers.
The building has an independent medical wing, with full dental and acute-care capabilities. The detainees also have access to library books and a fully stocked commissary. Visitation is available five days a week.
The facility is inspected twice annually by members of the Doña Ana County Board of Commissioners and regularly by the U.S, Marshal’s Service, which rents out up to 300 beds per night for federal detainees.
The food served at the Doña Ana County Detention Center is nutritionally balanced and is prepared in a state-certified kitchen. Each detainee gets a cold breakfast and two hot meals each day, with a daily caloric average of 3,000 per detainee.
In the specific case of Slevin, he was deemed a threat to himself upon intake to the detention center and was observed for three days in a special cell in the medical wing for his own protection. After his condition stabilized, he was kept in the medical wing for an additional three weeks for observation.
After that period, he was offered an opportunity to join the general population in a cell block with a day room. Slevin refused, and the only option after his refusal was to place him in one of the facility’s 28 administrative segregation cells.
For the next five months, records show that he regularly requested and received medical attention and commissary purchases. After that period, he stopped requesting those services. He frequently refused offers to leave his cell for recreation and exercise.
Slevin was in the facility for 22 months. No one on the Doña Ana County Detention Center management team had any authority to release him without a judge’s orders. His length of stay in the facility was entirely in the hands of the Third Judicial District Attorney’s Office, his court-ordered defense attorney and the Third Judicial District Court.
The cell area in which he was housed was monitored by cameras and by officer patrols throughout each and every day that he was housed at the facility. In addition, medical rounds were conducted three times daily, and prescribed medications were dispensed to Slevin and other detainees.
The Doña Ana County Detention Center has historically faced significant challenges in terms of treating mentally ill detainees, but the challenges were consistently addressed throughout the time Slevin was incarcerated, and the efforts continue to this day.
The main problem all along has been recruiting and retaining mental-health professionals willing to work full-time in a detention environment. Throughout the United States, detention centers and jails face staffing challenges owing to the fact that few people – much less medical professionals – are willing to work in a jail environment, regardless of the competitiveness of the salary parameters.
Since he was hired as the detention director in late 2005, Chris Barela has tackled the issue head-on by hiring staff, contracting for services and negotiated the elimination of the employee union from the medical wing to facilitate easier and more interactive and adaptive management of that sector of the facility.
During former Medical Director Daniel Zemek’s tenure at the facility, he was recognized by the National Alliance for the Mentally Ill for his contributions to addressing mental health issues within the facility.
In 2007, Barela contracted for services in the medical wing to a licensed third-party provider whose personnel were better-suited to treating the mentally-ill population of the facility.
Slevin was in the Doña Ana County Detention Center on charges of aggravated DWI, driving on a suspended license, open container in the vehicle, multiple outstanding traffic violations and receiving or transferring stolen property. He had an extensive criminal history from other jurisdictions with multiple convictions on charges of both aggravated DWI and DWI, as well as multiple convictions for receiving stolen property, firearm infractions, possession of controlled substances, probation violations, robberies, burglaries and possession of burglary tools, criminal mischief and damage to property. He had previously served time in a Florida prison. His criminal history at the time of his arrest was 26 pages in length.
Doña Ana County is appealing the Slevin judgment and believes it has strong legal issues on which to base the appeal. In the meantime, it’s critical that the public, the family of detainees and the media understand that the conditions of the facility are constantly monitored for cleanliness and professional, humane treatment of each detainee.
***** ***** ***** ***** ***** *****
Reporters seeking more information or interviews: may call county Public Information Director Jess Williams at (575) 525-5801.
Sounds like this County Sheriff must be Maricopa County's Joe Arpio'sidiot half-brother. Some of the stuff that moron in Phoenix pulls would make you sick. Unaccountable actions coupled with Governor or Commissioner's compliance makes for terrible situations. And huge lawsuits at our expense.
And there are three sides to a coin too. So somewhere in the middlle is the truth.
It has to do with proximity to TEXAS, not Mexico...
Dona Ana County, NM Las Cruces, NM is right next to El Paso, TX...
Crazy "LAW ENFORCEMENT" that decides they have free reign to control innocent people/blame the victim=Daily Life in Texas
The man deserves no less than $10million of that $22m settlement... NO LESS.
imwhitewolf, does this article you quoted have a source? because it sounds suspiciously like a press release from the county that was found to be at fault. it even lists the county's press office as a contact. I could write many paragraphs about how I am the most beautiful woman in the world, more creative than Edison, a deeper thinker than Einstein, and more talented than Mozart, and refer anyone who wants further 'proof' to my mother. unfortunately, it wouldn't necessarily make it all true. just sayin'
imwhitewolf - who paid you to write that bunch of bs? are you the county's press agent?
imwhitewolf Just asking you where did you come up with all that.
Slevin was in the Doña Ana County Detention Center on charges of aggravated DWI, driving on a suspended license, open container in the vehicle, multiple outstanding traffic violations and receiving or transferring stolen property. He had an extensive criminal history from other jurisdictions with multiple convictions on charges of both aggravated DWI and DWI, as well as multiple convictions for receiving stolen property, firearm infractions, possession of controlled substances, probation violations, robberies, burglaries and possession of burglary tools, criminal mischief and damage to property. He had previously served time in a Florida prison. His criminal history at the time of his arrest was 26 pages in length.
From the sound of all that .....Are you in any way employed by,or a consultant of the Doña Ana County correctional facility/Detention Center?? I mean to have such information of his PAST rap sheet?I mean it just seem odd that you know all of this. are you a cop?
And ones past record is not a justifyable reason to treat someone like they did. Sure there is a lot I do not know of this man,or any of us on the vine, so how is it you know so much.?and defend Doña Ana County correctional facility. Remember I am just asking you a question. So don't get your boxers into a bunch ok
You'd be surprised what goes on in these "for profit" prisons usually run by cronies of politicians.
I didn't read any place where this guy was convicted, just arrested, thrown in solitary confinement for 2 years, while the for profit prison made money?
This is ridiculous. It's a punishment that far outweighs his crime.
Great job MSNBC, Thaddeus Jimenez was in prison for 16yrs. in Obama's home town falsely accused and got the same settlement. Where was the coverage on that? I guess it's news on MSNBC only when it involves the state of Arizona. Let's all feel for the drunken 56yr old idiot who couldn't post a $4000 bond,WTF! Or grab a public defender and go thru the program like anyone else who's been there before,like him! He seems competent now after he got his taxpayer's check alright! Poor drunk idiot has to live the rest of his life as a 1%er. You havn't heard the last of this guy,but when you do it won't be headlines on MSNBC!
If he were in the general population for 2 yrs for DWI & grand theft auto 1st offense I'd say punishment fits crime but solitary for even one week must be hell. He wasn't even guilty of starting fights in jail. Totally deplorable, totally inexcusable. But $22mil... Who makes that much in a life time?
For those asking for imwhitewolf's source, it's the press release from the Dona Ana County Detention Center: http://www.donaanacounty.org/news/story.php?news_ID=2879
@fendersbluejr - it happened in New Mexico, not Arizona.
@saxon - thanks for the sweeping generalization
thank-you
Longingforthemiddle-2357573 I gotta see this
This is Donna Ana County. In the 70's they had a reputation. We at Ft Bliss were warned to stay away and try not to have any reason to even drive through. The young civillians I hung with from Las Cruses didn't want to go back. It was the cops and the jails they were afraid of. Arrests for no real reason, groups more than 3 were stopped and questioned, sometimes given a ride to jail and fingerprinted before release. One of the first police states in the U.S.
This article has more BS in it than a cattle truck rolling down the Interstate! This is based entirely on the comments of his lawyer who is now taking it to the court of public opinion before the appeals are filed. Granted, there are some huge questions that need to be asked here but the article simply doesn't have enough facts to even begin to make an informed judgement.
Everyone, please keep in mind that a civil lawsuit is only based on what the jury believes to be the preponderance of the evidence, that is to say 51% or better, rather than beyond a reasonable doubt. A skilled lawyer with the right jurors could probably get a judgement against the late Mother Theresa for abusing the people she was caring for.
The problem with mental patients who are also career criminals is that they are often experts at manipulating the system. The authorities cannot force them to do anything against their will so they will frequently refuse to take their medications. Also, when they are not experiencing their mental problems, they will sometimes pretend that they are in order to work the system. Where this becomes a real problem is when they are having some serious reality issues but don't think they are. Then their manipulation gets really bizarre.
I had a neighbor years ago that had been in and out of jail and prison for the better part of 20 years. He knew he had mental illness and when he took his medications, he could function just fine. He could also put on a very convincing act at the drop of a hat which he would try to use when he got in trouble in the hope it would get him off or at at least a reduced sentence. He actually used to joke about it.
I cannot believe that this man wasn't provided a court appointed attorney at his arraignment unless he refused the offer of counsel. Of course, I've met some public defenders that could charitably be called bad lawyers so he may have had inadequate counsel. Also, where was the judge on this one? I'm not sure about New Mexico law, but most states require some sort of periodic evaluation of mental competency under these circumstances and I can't imagine that the judge didn't require some sort of feedback.The public information release from the county is correct that they cannot simply release someone without an order from the court to do so.
There are too many blanks in this story.
There is no excuse for keeping this man primarily in solitary for 2 years. If and when he started refusing to come out for excercise, medical, transfer to a different area etc.. the officials should have contacted a mental health institution and transferred this man to a reputable facility. His past crimes, while pretty awful don't warrant the treatment described any where, any time. $22 mil. however, that is way to much. This man would never in a lifetime made that kind of money and its still too much for pain and suffering. The taxpayers will be footing the bill for this settlement and that is not really quite fair. The lawyers will take at least 33% of the settlement. 2 million after attorney fees etc.. seems like a fair amount to support himself for the rest of his life. He should also be required to have a financial plan in place and some type of payee system to ensure he is neither rip offed by family, friends, etc.. or that he runs thru the money on alcohol, drugs etc.. The chances are pretty high that the money will be blown and he'll be right back committing crimes if he isn't supervised in some way in the future.
WMG-21
After reading that (site from your link) I can see how they might actually win their appeal. Talk about corruption. And it goes to the top. Thanks for the additional information sir.
You don't have to be in Jail/Prison to be a victim of the systems the good old USA/States/Counties & Cities have enacted. Look at who benefits from all of these systems - educated professionals and investors. Our Country ran out of legitimate ways for professionals and investors to make money so they started inventing ways to get tax money for the flunkies who were not good enough to make it with major firms/hospitals/incarceration facilities.
These second rate flunkies make billions off of tax payers - the settlements are peanuts compared to the system cons.
this article needs some theme music...http://www.youtube.com/watch?v=sdXjm8pZMws
Don't worry about the taxpayers of this podunk county. This drunk won't see a dime of that settlement after the appeal by the county is through.
It can and often begins with the police officer who first has contact with you. All too often HE/She is one of "hells reapers". Then comes Jail. The hearing, before one of the aides to the horned district director, followed by the trial. The Judge and Prosecutor, many times, under direction of Hells higher ups. Afterward, the lucky ones, will reside only in the environs of the netherlands. Many may deserve their fate. Too many do not. The unlucky ones, deservedly or not, will go further, into the bowels, or nethermost parts of mans sadistic constructions, built by his own personal demons who demand and hold his subjugation, granting him fleeting relief, only by his need for the subjugation of his fellows. Hope this gentleman does well.
fender whatever that was $40,000.00 not $4000.00 in bonds
SHAME! SHAME! SHAME!
What a wonderful system we have here: Give the murderers, rapists, and child molesters a slap on the hands but throw the mentally ill drunks in a hole to rot! (don't forget to give them pliers to pull their teeth)
If the above article is factual, something is wrong with this picture!!!!
Regardless this goes way beyond a settlement, someone is responsible and needs to pay their dues in the hole!
This is just disgusting. If I even knew half the things that were done to people in our jail systems I would probably vomit! And this story is probably one of the less atrocious stories. I pray to God I never end up there for any reason, I probably wouldn't last those 22 months.
Wow. And this happened in the same state where grocery store employees serve shoppers free yogurt samples mixed with the employee's semen -- Blowgurt...
I am glad I do not live in New Mexico anymore... a lot of twisted minds
Until there is accountability and criminal charges looming this system will not change. Same applies to law enforcement & federal prosecutors who do what they wish for own personal gains at the expense of innocent people.
@Armyguy, About your suggestion to give our prison system over to the military. Remember Abu Graib and look at what they are still doing at Gitmo. You want this for american citizens busted for DUI's and other misdomeaner crimes? Don't they already have something like this in Iran, North Korea and other totalarian countries? No thanks.
Yeah, I bet county officials are remaining tight lipped. What can they possibly say in their defense?!!! I think a lot people have a lot of explaining to do. But, I bet this whole ordeal will be listed as "under investigation" and no one will ever hear another word about any kind of investigative report where anyone is made to answer for this. If he was awarded damages (the $22 mill) then there must have been a trial - where are those records and why weren't any individuals named in the suit - or where there? If not, he should file civil suits against all who were there and mostly those in charge. It won't give him back his life or his health, but it will show that you can't treat people like this.
im happy for this man being free and reciving 22 million but there are lot of ppl locked up in these rooms and never free and sadly many of them are innocent. literally anyone can be suspects. its so sad and depressing. and when the cops, judges and system has nothing to lose, nothing will change. the taxpayers pay the lawuit, it does not come out of the ppl resposible for this pockets. our goverment is best at hiding the truth from the ppl. they have no respect for the tourter of humans and animals. greed and money. lot of ppl who live in good areas and are rich dont really understand how america is. we have more ppl in jail then anywhere else in the world, and trust me when i say jail is no fun place to be. ppl get killed everday.
After nearly a decade of living and working in Dona Ana County, this does not surprise me in the least. Pay up! Oh, wait, this will fall to the taxpayers to pay because I am sure by now the insurer for the County has either run out of money or is going to quit footing the bill.
ImWhiteWolf-When DAC says they have no comment; why don't you respect that and don't comment, especially anonymously Jess? You should have picked a better attorney to defend County on this.
To much money for the state to let it get past appeal, they can drag it out. County employees won't get a raise and they will raise taxes using the settlement as an excuse. Then when everyone has forgotten about the case (or the moment this guy gets into trouble), they will sneak it in to appeal. It's all to predictable to figure out the people who worship the $ sign.
the poor guy will never see a dime this will be in court for the next 30 years hell be long dead by then
Wait a minute, something just isn't ringing true about this whole thing. He spent two years in solitary in a jail? Don't you mean state prison? Most jails only provide for offenses that carry a year or less sentence. His treatment in solitary for mental illness may have been a problem but what did he do to keep ending up in solitary? The government's handling of the mentally ill is just as bad. The PC excuse for not treating the mentally ill is "thier rights", so they are just turned out onto the streets to live there and often end up dead. PC is the excuse for doing a lot of wrong in our country. So if it starts at the top, its going to slide on down the ranks, if what the attorney alleged is true.
THIS happened in the United States of America?
We ALL should be ashamed, get off our ignorance, and demand mental health treatment for ALL the people of our country.
NC open heart: You are a dumbass, as are most Democrats. The article indicates the event occurred during 2005-2007. Democrat Bill Richardson was governor of New Mexico. Dona Ana County voted for Gore in 2000, Kerry in 2004, and Obama in 2008. Dona Ana County isa currently represented in the state senate by 4 Democrats and only 1 Republican. Dona Ana County is represented in the state assemby by 4 Democrats and only 2 Republicans. This is a clear indication of what happens when we let Nazi Democrats have too much power.
When the people do not stand up for what,s right for people that does like look like them,the time will come when that unrighteousness will come upon them. All people in this World let,s learn Righteouness. Let,s all stop buying a ticket to hell.
whitewolf, justification is a wonderful thing, isn't it? the problem staffing medical help is the pay scale these medical professionals want...and deserve, the jail chooses not to pay for that staff and is paying the price. plain and simple, doesn't matter how pristine and well run the facility is, there was no competent medical professional caring for its inmates...and you're trying to justify it with how smoothly other areas of this jail run? prediction.....the state will not win its appeal, not on the information you've provided. it's not about how new and efficiently run the facility is. it was the lack of proficiency for an inmate with mental health issues, and how his civil rights were violated.
Pisson what does your statement have to do with this article? These small isolated enclaves of counties run them according to the good old boy system where the legal people, attorneys and judges, and law enforcement make a big living from the judicial system. I know of a podunk Sheriff who drove all the way from a hick county in OK to California to pick up an indicted criminal so that he could claim per diem and pov mileage to fatten his take. Now this podunk county in OK's entire judical system was the largest employer in that county. So this really has nothing to do with what party leads the state but what party the local Dixiecrats belong to. BTW my great uncle was Sheriff of this county for 36 years so I did have the inside story on this one and not heresay. The former Sheriff is doing federal time for protecting drug growers in this podunk county.
I wonder how well his mental health recovery was? I believe there is a way to get him back to normal health, wish the was a way to email him or his family. As 22 million still isnt worth his life!
Score one for justice!!!
In this same state of NM, a woman who was accused of DUI after consuming a single glass of wine with her dinner was acquitted with no charges. The police involved initially said she failed her sobriety tests and hauled her away to jail, where she was treated like a violent criminal, strip searched and blood tested and incarcerated until her bail was posted. The blood tests indicated that she had a blood alcohol content of .10 (legal limit = .08)-- a level that is essentially impossible to achieve after a single glass of wine. Something smelled "off" about the whole situation so her lawyer requested the blood samples so that independent tests could be performed to verify the results. The police could not provide the blood sample nor verify chain of custody-- something WAS rotten in Denmark! After reviewing the filmed sobriety test performed at the DUI checkpoint, the judge acquitted her. Apparently she wasn't nearly as drunk as the arresting officers said she was. JUSTICE HAS BEEN SERVED (for once).
These officials need to remember that our constitution has a little something to say about cruel and unusual punishment. Shame on them.
While I agree with your sentiment, have you ever tried to cite your constitutional rights to a cop? Yeah, lots o luck with that.
Right-O pity ol'chap
Like illegal torture, renditions, etc. that are illegal, too. Seems these prison idiots were just following their roll models in the White House during that time.
If you think you have rights in this country, think again. This kind of sh** happens all the time.
I am no friend to drunk drivers and am anti-booze altogether but when someone you love or care about is the offender, you can feel differently. My kids have hardly any friends who have not gotten a DUI at some point.
It looks to me like this guy was profiled. However, the sleazeballs underestimated him.
"We do not discuss personnel issues," Jess Williams
========================
Maybe they will sing once one or more go on trial. I really believe these creatures need to spend some serious time in jail.
The Constitution hasn't applied to most Americans since 9/11....just the 1%....
Thanks, George "Dumba$$" Bush!!!!
Appeal? Seriously? On what basis could they possibly argue they detained him that long under those conditions?
Hopefully the appeals court will award him even more. After all, he'll have to give up a third of the money to taxes.
You don't pay taxes for this type of award.
Attorneys fee yes which in most cases are separate from this amount and paid by the losing party.
Depends on how it's classified. Most of this would be punitive damages, and that's taxable.
Adam, I've lived in Las Cruces, Dona Ana County, I know that they think that they have cause for appeal. You'd have to live there in order to believe it.
AG99 is correct: punitive damages are taxable.
It does not matter the facts. The Government always appeals when they loose. Right or wrong. Everyone knows that and it sux's they get away with it. Zero accountability in appeals.
The IRS classifies punitive damages as "unearned income" and taxes it at the highest rate possible. If the lawyer fees and expenses are high enough this guy will be in the red because lawyers fees and expenses cannot be deducted in this sort of income.
The way i read the court papers is this was negotiated by his attorney to be a non-taxable event.
It's not so much the time, but not knowing if and when you were being released since you were never taken to trial.
PEOPLE SHOULD BE IN PRISON FOR THIS.
I'm not sure this would be enough ($22 MILLION ) to lose ones sanity.
OMG how horrible for this poor man!!
yepiknow, this poor man....how about the poor people who get killed by drunk drivers? How much history does this DWI dude have with drunk driving? This could very well be one of those "revolving door" cases. Then he got himself a money-grubbing lawyer to help him get off on technicalities. He probably wasn't even looking for money at first, but the attorney thought,"heyyyyyyy wait a minute..$$$$$$$....." If y'all out there aren't on to this kind of stuff, you're pretty naive.
Dear marlane:
He wasn't awarded money simply because he got arrested for DWI. No one is disputing the fact that he should have been arrested for that. The horrid thing here is how he was treated afterward. You sound like a Dona Ana County employee.
Sheesh Marlane, did you miss the part where he spent two years in solitary confinement without being convicted of anything? I'm sure he is just pumped to be a millionaire now.
A little compassion please!
Marlane, you obviously are a Dona county employee. I mean everyone does something stupid once in their life.
Marlane - we are all saddened for all the "poor people who get killed by drunk drivers" as well as their families and friends. However, it said nowhere that this person killed anyone. Many jail and prison guards are simply sadists in disguise who have found jobs that allow them to indulge their fantasies without any kind of repercussions. When you are in jail you are absolutely powerless and the ones with the keys absolutely have all the power. And as we all have heard time and time again "power corrupts, absolute power corrupts absolutely" Skin fungus and toe nails so long he couldn't walk, no hair cuts, no shaving, no doctor, no exercise, 23 to 24 hours a day alone in a small cell for 2 years without being convicted of anything. Try it sometime yourself. perhaps you could start now.
marlane
Maybe you would feel differently if it were you that was locked up for two years and put in solitary confinement and given phycotic drugs that you do not need. Not to mention that you will not get a trial either.
Every single person in the system that held this poor man should be subjected to the same jail time and treatment. This is an obsurd, scary, and damning picture of what our law "enforcement" has become in this country. We've become an accusatory society to the extent that the police no longer work "for" us, we are now "subjected" to them! Everyone in Dona Ana County should move out and leave these creeps with badges to the vultures and the AG's office should be forced out and prevented from ever "practicing" law again. Classic example of a bunch childhood bullies exacting their revenge on society.
Perhaps Marlane doesn't truly understand how solitary confinement can be so difficult and damaging. Remember, we are social creatures and NEED interaction with other members of our species.
DUI is a serious crime even if it's not aggravated. It does NOT, however, warrant this kind of punishment.
Last time I checked, the most severe sentence we allow to be imposed is life with no possibility of parole, (or death in participating states--although, I've never heard of psychological isolation, abandonment, and neglect being imposed by the Courts for ANY crime.) And though some information claims that federal prisoners at this facility were treated better than the state or county prisoners, it's hard not wonder if others have been treated similarly.
Marlane needs to put down the MADD crack pipe a minute and consider that while we ALL think drunk driving is a bad thing maybe, JUST MAYBE, it shouldn't result in torture and near death as a punishment.
This is one of the most SICKENING stories I have read. This makes me SO angry. I can NOT believe local officials would let this happen. It is the 21st Century PEOPLE. It is NOT the DARK AGES. Heads should roll for this behavior.
The jail was really for Federal prisoners, not State so just throw him in Solitary and forget him?!?!?!?!?!?
SICKENING!!!!!!!!!!!!!!!!!!
Sorry to disagree but we are in a Dark Ages with regard to cops and 'law enforcement'.
The very wealthy are safe because of their wealth but everyone must be vigilant at all times. Cops lie, brutalize, and spit on the Constitution on a regular basis. It's a good ol' boys' club out of control.
I think it's time for citizens to form watch-dog groups to keep an eye on the cops in their neighborhood/town. I keep my cell phone handy and safe numbers on speed dial.
I agree and believe that charges should be filed against the warden and guards who were in charge at the time. This is a criminal offense called depraved indifference.
Interesting that here in "The Land of the Free" we have more incarcerated individuals than any other country on the planet. We have more people in jail than China. Something wrong with that, isn't there?
Check out this NY Times report on the subject: http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html?pagewanted=all
END THE CORRUPT PRISON-FOR-PROFIT SYSTEM!
They are only money making if you contract them out to private companies like Arizona did. They are paying far more per prisoner to those companies to house prisoners than the state was paying if they ran the prisons. It was all about the Republicans making sure their donars from the Prison Industry got a lot of profits.
ALL states spend more money to house prisoners if the prisons are run by private companies but the republicans bring out that tired old saying that it saves money when in fact it never will.
Sandy, sorry to correct you, but prisons are a cash cow across this country. Even if the County or State loses money on the books, believe me that many are making tons of cash off inmates. There are the connected suppliers that sell food and other supplies to the prisons and jails. The products made by inmates are sold at a profit. Items sold to inmates generate profit. All of this even if the operation is NOT privatized...
Sandy, you are so WRONG in so many ways. Blind to truth & reality. Do you still believe in Santa Clause?
Can you spell "delusional"? You obviously believe what you want to believe.
WMG 21;
This is America, the land of the greed, and the home of the enslaved...
We'll NEVER get rid of the for profit prison system!!!
Unless we START THE SOCIALIST REVOLUTION NOW!!!
Yeah, cuz socialist countries have such an incredible track record for their prison systems... oh wait, no they don't...
Sounds like a Turkish prison or some other third world hell-hole more than a United States penal institution. How about some human rights for our own citizens?
'Third world hell-hole'? Yep, much of rural America has become a third world hell-hole. Cities are only marginally better and that because it's not as easy to hide brutality where there are civil rights watch dogs.
Sounds more like a Russian Gulag rather than a county jail located in the United States. There should also be a federal civil rights violation investigation to get to the bottom of this and anyone found violating his civil rights should be incarcerated and fined. The citizens of Dona Ana county should be ashamed that they've elected officials that would conduct themselves in such a cruel way. this is totally ridiculous.
Good point Marlane, but if he didn't have a bunch of DWIs and didn't badly hurt or kill anyone while driving lushed then I think he's entitled to some compensation, but maybe not 22 million dollars.
Drano, if this guy was black or Latino he would be able to file for a civil rights violation. Since he's white he has no civil rights here in America.
If he'd been black or Latino, this would never have made the news. He'd still be there, and if the story ever did come out, everyone commenting here would be blaming him and saying it was his own fault.
ObeyTheLaw
I think he's entitled to some compensation, but maybe not 22 million dollars
As for the 22 M your right it should not be ... It should be MORE! so that any other law enforcement agency,correctional facility will think three time before doing something like this to anyone else again.
The people that actually did all that harm to this man aren't the ones that will be footing the bill for the settlement. Unless he sues each person involved they'll basically walk away scot free while the taxpayers get the bill. Some said the county and state citizens should be ashamed for electing the officials who did this. Maybe if we all were issued crystal balls we could stop this stuff. Unfortunately the average person doesn't have access to see what goes on in the jails and prisons. Once people are made aware they can then do something about it.
skrewdworld
the post from WMG-21 #1.16 has a link that reads how the citizens of that county are afraid to speak out against the police in fear of repercussions to themselves or family. It looks like the good ol' boys club is a far worse gang than any other gang ever formed. And lists of things that the police themselves did and got away with it.
skrewdworld:
You make a very good point regarding the average person not having access to see what goes on in the jails and prisons. Or, really, any other government installation. One of the problems is that we really no longer have a REAL news media that keeps an eye on things for us. There is NO investigative reporting anymore - just gossip about celebs.
Many years ago, my husband was a news photographer. He and an investigative reporter from a Chicago newspaper got themselves locked up in an Illinois prison so they could report on conditions. Nobody in the prison, including the warden, knew who they were, altho of course they had assistance from another government agency. What went on there was terrifying to my husband. Their report did force some changes at the time, but since no one is paying attention anymore and it's been many years, I'm certain things have returned to the old ways and probably gotten even worse.
Most of us want to think nothing like this could ever happen to us, because, hey, we're all law-abiding citizens. Doesn't matter. Never has, but now we have as close to a police state as we can get with no accountability. And I know from experience. I'm a retired senior citizen in Arizona now who didn't get out of the way fast enough of a policeman on his way to work (NOT on a call). Dude went nuts - shaking with rage - threatened me, called for back-up and arrested me (criminal offense). (Other cops that arrived to help "protect" the cop from this little old white-haired lady, who never even got of my car, thought he was nuts, but did nothing to help me.) Thus began a nightmare for me (never even had a parking ticket). Judge paid no attention to witness testimony and the smirking cop got away with it. DID I MENTION I NOW LIVE IN ARIZONA? Don't ever think it can't happen to you.
Poor thing. My azz.. He deserves what he got. Driving under the influence is like russian roulet. He is damn lucky he did not kill some innocent person, or family for that matter. By plowing his drunk ass throught the streets..I will bet you he would not recieve as much sympathy if he would have run his car into YOUR families vehicle and killed a family member, Someone you love!!! I bet he would be a complete azz to you all then. He played the game of chance. He got lucky and did not kill anyone Lucky!!! But his luck ran out and he was forced into 2 yrs of crap. Too @!$%#ing bad for him! Bet he thinks twice about drinking and driving again. If he was an innocent person. Yes i would feel bad for him. But he is not! You bleeding heart ppl need to grow up and see him for what he was. A man who got lucky he did not kill anyone, A criminal for drinking and driving. Tuff @!$%# he got caught! End of story.
I had no idea that a Gulag existed in New Mexico.
"We do not discuss personnel issues," Jess Williams, Dona Ana County's public information director, told msnbc.com on Wednesday.
What I don't understand is how can a government agency have any right to this type of secrecy? These are public employees, being paid for via public funds. Taxpayers are owed an explanation. Citizens of that county have the right to now that a proper punishment has been given to those involved in this atrocity! These employees need to be made an example of, not be protected by a cover up.
A proper freedom of information request will expose the truth. This county hasn't taken ANY actions because they will not dare admit they did anything wrong. They plan to appeal this verdict and the award given to the victim of this horrendous behavior. I hope the court handling the appeal finds their conduct so egregious that the money is doubled or tripled.
I agree that the citizens of that county do need to know what happened and who did it. After all, the next time it could be them held in solitary confinement for months and months.
All the Dona Anal County jailhouse workers and their bosses on up the chain of command need to be thrown into solitary for two years and then forgotten...
IN THE BOX !!
Mind your manners people or you could end up in the hole. What a great nation.
am i bad or what...i sentence you to...thirty days in the hole...http://www.youtube.com/watch?v=sdXjm8pZMws
Good song, plain bob, I never heerd it before... but i enjoyed In A Dadda Da Vida Iron Butterfly clip that was linked on the same page as yer 30 Days In The Hole
I think you mean "In-A-Gad-Da-Vida".
yeah... I STAND CORRECTED, Mr. Citizen...
"In A Dadda Da Vida" is a baby lullaby tune... from Baby Butterfly, i think...
Captain Beyond...aka Iron Butterfly.
I got stuck in that YouTube loop - loved that it led to some old Atomic Rooster. I'm a space cowboy (evil laugh).
Where was his lawyer all this time?
What lawyer? He couldn't post bail of $1000.00 so again what lawyer?
he never had a hearing according to the first story...... so much for your right to a speedy trial
Since when does a 40,000 bond get reduced to 1,000?
If it was a cash bail it was the full amount otherwise he would have need 10%, or 4,000.
Seems you opened your mouth before your brain went into gear, if it ever does.
This country's institutions are completely bleeped. We are spiraling down into a miasma of despair and dysfunction. I'm reminded of Shakespeare's quote in one of his plays: "Those that the gods wish to destroy, they first drive mad." That's happening on a massive, institutional level, from the Federal government on down. And it's gonna get worse . . .
Don't be shocked. Don't be surprised. More of this will be going on once the Republican police state gets implemented nation wide.
wahoo, "Republican police state?" Really? It's idiots like you that continue to enable these kinds of things to happen. ALL politicians are crooks, thieves, and liars to the very last man and woman BOTH sides of the aisle. When you support their agenda of partisan bickering with statements such as yours you play right into their hands. By keeping us divided and fighting against each other they prevent us from uniting against them and taking back control of our out of control government. Your chosen crook is just as guilty as the next guy's. Wake up friend and become part of the solution rather than part of the problem.
wahoo2: moron. both sides are imperfect probably because they are human. To blindly attack an party, just for the sake of it, or because you don't like it just shows how stupid you are. People like you shouldn't be allowed to vote unless you actually learn who stands for what. Actually if you did learn, you'd find that dems love to make more regulations and bigger government. Ultimately results in fewer rights and freedoms. Talk about police state.
Actually wahoo is right. Look at some of the right leaning states and you will see they farm out prisons to contractors who have zero accountability. Those contractors get paid on a per prisoner basis so the more people in prison the more money these private companies make off the tax payer.
Republicans are always pushing for private companies to take over things and inevitably it always goes wrong on stuff like this. But they don't care as long as some company makes a profit and they get their campaign donation from them.
WTF... Why is it that any story, no matter what it is about, there are always these morons who feel the need to turn it into something political. Airline loses family dog...Democrats fault....man locked in solitary confinement for 2 years...GOP's fault....
Idiot. You do realize that the republicans and democrats are human like us. They aren't robots who are programmed to do one think like you. You are most likely to be programmed to be a moron.
They will probably appeal the award. Gov't entities have a limited amount of liability. The rest falls on the individuals for failing to do their job. The county can pay it for them or let them pay it. The individuals could never pay 22 million and would file bankruptcy. The county probably couldn't afford that amount. I imagine that they will meet with the guy & his lawyer during the appeal and drop it if he settles for something way less. If he doesn't, he won't see anything for years.
Welcome to the United Prison of America. No one does it bigger or better!
A guy spent two years in solitary confinement with not trail for DWI, a student killed at school by three Texas police officers who thought his toy gun was real, multiple videos showing cops beating suspects into coma then dismissed as cops being within their duties, etc, etc, This can no longer be tolerated...
read the first story he was charged bail set and never recieved a hearing
Dark Guardian, read the story again. He was in solitary confinement for 21 of 22 months that he spent in JAIL. He was NEVER convicted of ANYTHING, so an innocent man was held for nearly two years on suspicion of DUI. The State denied him his right to a speedy trial, denied him due process and subjected him to cruel and excessive punishment just for being ARRESTED.
This would not even be news if he didn't win the court case. To read other unreported government crimes, search for "New police weapon against homeless" and also "Historic coverup of FBI and police crimes currently taking place". A Masters degree will not protect you from those in power determined to take away your rights.
The other day, Randy Weaver's daughter was on television talking about forgiveness. If it hadn't of been for Gerry Spence Randy Weaver would have been railroaded off to prison and his family never would have received a dime. As it turned out no one was ever prosecuted for the murder of his wife and son.
Oh but don't forget that the Weavers were guilty of living away from society on a mountaintop...no one cares about the Weavers or this guy because they aren't "normal". If this started happening in a subdivision, you bet people would stand up and do something.
And now the President signs a bill that will give government the power to do this same thing to whoever they want to and there will be no lawsuits or repercussions.?
skrewdworld, prove it. I'm so sick and tired of you republitards throwing politics and the President into every $#%%$ story! Bunch of ignorant spoiled brats who can't stand they lost an election. GROW UP!
Bryan, its true; i'm far from a republican. obama re-signed the patriot act, and the NDAA. i voted for obama, but don't be a "fan". don't put the watch dogs to sleep because the guy you wanted in office won the race. its how bush got the patriot act in the first place and how obama re-signed it, the NDAA, and you ignored it.
Apalling - simply apalling. Like something out of the Count of Monte Cristo or Papallion - the recent video of the monkeys used for medical research - seeing sunshine and feeling grass under foot comes to mind. To fully understand this man's daily torment was indeed real. Astoundingly cruel.
These guards - all heartless and void of their own humanity. Justice, hence punishment must be served on each and every one. Let their own families know their shallowness - their lack of care for this forgotten man.
Thank God this man's sister, aunt and friends or family keep hounding away for their kin. I'll take issue with this gentleman's hollowed out soul. It was his soul that was strong - that hung on by shredded hope. My sincere thought is that his road ahead will be gentled - his mind will ease with passing time. Allow him privacy to find his footing back to himself. Let this man find peace.
Equally important - the search should be on for any other lost souls within the confines of this broken system. Those perhaps lost with no family - no friends to keep the torch lit for anchor. So very sad - the inhumanity of it all.
It makes no sense with a DWI to destroy a life, although Driving under the influence is wrong, state enforced rehab seems more proactive and in the long term more cost effective than destroying a life making them unable to again function in society. Mental illness is an underlying cause of alcohol abuse and should be mandatorily screened with the appropriate treatment. It cost more long term not to treat the underlying cause than to ignore and destroy the life completely.
DWI in stolen car. HMMM. 22mil awarded. Hmm. Maybe if he ran over someone they could give him 50mil
Maybe if he got a trial, they could have proved these things.
@ AleChild - seriously....seriously. Try anywhere in the middle east, Mexico. We - the system - failed this man - the laws and guidelines are there. The system overseen by the NM authorities was seriously abused. Seriously.
@ Dan - check your story - car was not stolen - was loaned by a friend who came forward and stated that almost immediately.
@PJ-547553 - I was making the point that he wasn't tried or convicted, and that Dan was making comments that are clearly stating he was guilty of 2 things. Clam down and read slower.
AleChild, forget it I've got a relative just like PJ, can read but unable to understand what they've just read. It's a lost attempt on your part believe me I know.
I have to side with the others - he was never given a trial to prove him guilty of anything. So in the eyes of the law he is innocent - or at least not guilty.
Think about just some of his rights that were violated, like the right to speedy trial. While some snake eyed lawyer might argue that he was not subjected to cruel and unusual punishment since he wasn't incarcerated as a result of a court sentence, I'd say he most definitely was.
I hope some hungry federal prosecutor gets ahold of all of this and goes after everyone involved in this man's degredation, humiliation and mistreatment. Even if he actually was guilty of DWI and grand theft auto - do you honestly think 2 years of solitary confinement without adequate medical attention is fair punishment. This is the kind of crap we, as Americans, berate other 3rd worlds over when we find them guilty of that type of activity.
I think that somewhere among all of this there have to be some criminal charges waiting to be served up to the Dona Ana county officials involved in this.
@ AleChild and Allison...appears you both forgot what you've posted and neither of you can read.
I commented to AleChild's post, "Welcome to the United Prison of America. No one does it bigger or better!"
To which I responded, "seriously....seriously. Try anywhere in the middle east, Mexico. We - the system - failed this man - the laws and guidelines are there. The system overseen by the NM authorities was seriously abused. Seriously".
No confusion - I simply combined and identified two Bloggers into one comment entry. As timing would have it and entries being what they are, AleChild entered another post as mine appeared. Really very simple. You can both calm down now - perhaps pay attention to the thread.
2kmaro "like the right to speedy trial"
no one has a right to a speedy trial. my brother-in-law had his life put on hold for 2+ years as lawyers dinked and dunked around, his parents having to do 2 mortgages on their house just to afford all the "repeat meetings"...he'd get word that they were close to going to trial, so they'd meet with his lawyer...only to find out, nope...it's been delayed. same thing over and over again.
finally gets to trial, lasts one week and the jury is out in 5 min...not guilty.
his own lawyer said it made no sense why this was going to trial, there was nothing to convict him on...but the prosecuter found his client to be extremely hot, and wanted to "do right by her" even though she never participated in the process, not even showing up for the trial. though she phoned in a couple times from california.
she accused him of rape, even though a rape kit confirmed they didnt have sexual intercourse...and she admitted she had no clue what actually happened.
the reality is, our system is so screwed up that every step of the way just wants money...not justice, and there's NOTHING we can do about it.
I told him he needed to tell them take this to trial ASAP or he's going to sue them for violating his right to a speedy trial. he said his lawyer just laughed, and said "thats a good one, doesnt work that way".
eventually, we'll come to understand we're all screwed sideways, mostly...because we are lazy arse people who dont mind bitching on a vine, but to roll up our sleeves and do any real work? eh, we're too busy...we'll wait til it's ourselves, or a family member locked up with no rights before we bellyache for real.
Yeah, he was abused and mistreated, his rights voilated, etc. Many mistakes were made, but let's not forget that he made the first mistake. All this could have been prevented by NOT drinking and driving. If he had not done that, none of this would have happened to him. You make your own luck.
I do feel horrible for what this man went through. I think if everyone would think about this for a bit they too might feel different. 22M? That is a lot of money, although he will lose 1/3 about to his lawyer, the award does not fit. They did not say what new medical problems he will live with due to this, he already had issues, so it's not like a complete normal person went to prison & then due to all of the trauma, was then considered mentally ill. He's lucky he didn't kill someone, then the story would make people feel different, oh say had he killed a pregnate woman & her 3 young children.?? I agree he should get some sort of compensation, I think it should be more fitting to his life long injuries, not 2 yrs of his life, that is nothing compared to killing someone, thats etrenal. I know from a personal experience that lawsuits are hard to win, so who came up with the amount "owed" to him. I didn't read anywhere that he was a doctor, lawyer, CEO, ect.. I was the victim of a huge mistake that a doctor made, I now am unable to work, I live in excruciating pain everyday, even though I take a ton of pain meds, I am unable to play with my young son, ect, ect. My lawsuit has been going on 4 yrs, & theres no end in site, but I do know that what I can get awarded, if I win, is limited by my state, because of the doctors it protects, and I will never see Millions, nor should I. Even after what I've been through, I want to live a comforable life, with all my medical bills paid, and I WANT this doctor stopped. He should want similar, he should want the perspns respondsible for all of this locked up!
I do feel sorry for this man's extended solitary confinement, but let's remember that he had been driving drunk and had stolen someone's car, and he could have easily KILLED someone, or imprisoned them in their own body by severely injuring them. Drunk drivers kill people every day, and I will never feel as much empathy for a criminal as I will for their victims. New Mexico has one of the worst drunk driving records in the country, with people getting as many as 15 (yes, FIFTEEN) DWI convictions before going to jail for any serious amount of time. I'm not saying 2 years is right, but if drunk drivers had mandatory solitary confinement for a few weeks or so, just to see what it feels like to be a vegetable, maybe there wouldn't be such a problem in this state.
Innocent until proven guilty, remember? Never tried. Never convicted.
Ben and Dan, if you'd read the original story and not just this follow-up, you would know that the man was never tried OR convicted of what he was charged with - he NEVER saw a judge from the moment of his arrest.
All these things were done to him and he was held in solitary WITHOUT CHARGES ever actually being filed! There wasn't ever any evidence presented that he was driving drunk!
So whatever your sanctimonious spin about drunk drivers (like you've NEVER in your life been behind the wheel when you shouldn't?), this should not have happened in America.
While I believe that ANYONE convicted of a DWI should lose their license for at least a year, what happened to this man is reprehensible. 40K bail for a DWI? I've never heard of such a thing. Unless he had a long history of them. He deserves what he got on that lawsuit. No one should be treated that way.
AleChild,
From what I've experienced personally, it's " Guilty until proved innocent ".
Ben, he wasn't driving drunk, he was arrested on SUSPICION of DUI. Since he was NEVER convicted of anything, that charge is baseless. This miscarriage of justice simply tells me to never set foot in NM...
He didn't though. He didn't steal a car and he may have never actually been drunk. No evidence was ever presented one way or another. That is what investigations, hearings and trials are for. all of which he was denied. Drunk driving is a serious crime and should be treated as such, but there needs to be proof that a crime was actually committed.
furthermore, solitary confinement is supposed to be utilized to control and confine those inmates that cannot be in the general population. even if he HAD killed someone by driving drunk, that still doesn't excuse extended time in the hole. or any time in solitary period. And even if he had done something to warrant the punishment he still needs to be treated with the basic level of respect and dignity. Afterall, aren't prisons supposed to be for rehabilitation (ha)?
Okay. I agree with this statement.... but criminals are often victims as well. And as i stated before, we cannot vilify someone for something they didn't do. he didn't victimize anyone.... he is the victim of a evil, corrupt and inherently flawed system. This man's story is the consequence of treating criminals and inmates without compassion or empathy. It is a bitter pill to swallow but it's the truth.
what happened to this man is simple inexcusable. it cannot be tolerated for one more day. end the for profit prison system.
So, why did the police pull him over?
I'm not sorry the police took him off the road, and they should have kept an eye on him while he was incarcerated, but 22 mil is way too much for the taxpayers to have to bear. He would have never made that much money in his lifetime as he probably would have drunk himself to death. Now, he's going to have alot of money and will drink alot and this time he will probably kill someone because he doesn't really care about anyone else. I just hope the police keep an eye on him.
I'm wondering if you read the story.
AleChild - This is long, but it is what happened to me. Please take the time to read.
I did 93 days for domestic assault and battery. My girlfriend was extremely intoxicated, and on too many Xanax, and marijuana. I was angry because she was so messed up. She charged at me drunk and fell off a porch taking me with her to the ground. She banged her head and my right fist lost skin on the knuckles. I was 39 and never arrested until that day.
There were witnesses, and were her friends she had been drinking with. My lawyer tried to supoena them 7 times, they did not show ( and probably would have lied anyway). I had one 12 ounce beer after work at my job site, that was all.
I was denied the police report ( Freedom of Information Act violation) until I went to court. I found out at my trial that she said in the police report that I came home from work drunk, beat her up and forced her to have sex (but did not want to press charges for the sex). It said in the police report that I had alcohol on my breath, and that she was extremely intoxicated.
I completed all my pretrial probation without a hitch including MY DRUG AND ALCOHOL TESTING.
The judge sentenced me to 2 years of drug and alcohol testing, to work full time ( she called my boss, lied to him, and got me fired so no job), to spend 2 weekends a month to go to a battered womans shelter at $200. a pop( I could not understand that one at all), to see a psychiatrist once, to attend 40 weeks of anger management classes, and 40 weeks of individual therapy, to do 20 hours of community service, and to attend probation for 2 years.
My lawyer advised me do do as much of this in advance to get some of it out of the way, and I did.
The psychiatrist visit, 14 weeks of individual therapy, and anger management classes. My girlfriend begged me to come home every day on the phone before the trial breaking the pre-trial conditions by the way. I told her to tell the truth and I would, but she refused saying that it was as much my fault as hers.
Oh, yea, they also asked me to turn in any guns I owned saying they would give them back after the trial. They refused and kept my 2 rifles and shotgun; I never saw them again.
I was angry, out of my job of 7.5 years, and had to move. At the trial, the judge told me I had to begin all the programs from the beginning in his district (I did all of of the programs in the next county). This was all about punishing me as severely as legally possible and obviously the money.
When the magistrate asked me if I wanted to make a statement, I said that this was a miscarriage of justice. He cut me off and did not allow me to say anymore in an enraged tone. I told him screw it, just put me in jail. He told me he would put me in jail for the maximum each and every time he ever sees me again.
I was losing everything I owned anyway. My car was lost to the impound too as when I was first arrested, I was in jail for 2 weeks before my family knew anything had happened. Anyway, I spent a total of 93 days in jail including my 40th birthday; a little less for doing "good time").
Since then, she died of an overdose, and her son has been convicted of 1st degree sexual conduct. That was the only justice I received.
I used to believe that a person must be guilty to be convicted; not anymore !!!
INNOCENT UNTIL PROVEN GUILTY MY #@@ !!!! I have lost all faith in our system !!!
I never figured out the exact cost, minus the car, guns, losing my job and condominium, but it was $85 per day jail, $40. x 14 weeks anger management, $60. x 14 weeks individual therapy, $100. for the psychiatrist, $5,000 for the lawyer, Pre-trial drug and alcohol testing around $600.
The irony; I do not do any drugs, never have. I have never tested positive for alcohol in my life. I have never thrown a fist in anger since the 7th grade. Her and I had not had sex for 2 days before this all happened; I never even pressured her about it.
Estimated cost was around $90,000. Personal cost; I ended up on a psychoactive drug that led to a very serious suicide attempt that left me in intensive care for 3 weeks, then 2 more weeks in a psychiatric unit.
I never saw her again.
Not in the United States. I will never trust our judicial system, or the police ever again !!!
this guy ,n his lawyer should not recieve a dime , he did a crime people, he decided to drive drunk get behind this car n drive thank god he didnt hit some one or kill them, jail is not a hotel to go get special treatment nor luxery its for you criminal out there who brake the laws, we need stricter jail systems , what message is this telling criminal they can go out drink , drive get aressted then get money out of tax payers money for what? you did the crime there are laws or so we americans thought the whole damn system is so corupted its just a joke , the victims have no rights, criminals do i guess, this guy should be lucky he served 2 yrs n walks away, he shouldnt get a dime.......
Sonarguy - Your story is way more common than most realize or want to admit.
Cities are struggling and some in power have decided since they can't raise taxes so they will increase their revenue on the backs of working people.
I drive a lot for my job in my area and I see a lot more cops out there doing speed traps and also rolling truck stops here in GA.
So sorry you caught up in this new system we now have .....Your guilty because we charged you,now it's up to you to prove your innocence.
I have said I will run before I take my chances with any justice system.
Good luck to you.
What's depressing is that when someone like sonar guy tells their story the response is "it's more common than most people realize". You would think that any time someone had a tale like sonar's there would be so much outrage it would never happen again--or that someone in the system would have figured out what was going on and been so outraged they would have stopped it. I have not had anything like this happen to me in the criminal system, but raised a child with neurological impairments and there was huge conflict with school, county social services, and later juvenile justice--amazed we lived through it all. I fought the system with little help from the lawyers involved (PD's)--I think I kept my child from being institutionalized until adulthood but the battle never ended. I made contact with a number of national experts (medical and legal) all of whom "reassured" me that our story was all too common. Both my son and I had symptoms of PTSD for years as a direct result.
@sonar & SRMcMahon, everyone says they are outraged. Maybe they are. No one will do a damn thing because you can't fight the system. 20 years ago, as a kid, if the cops busted a party, they would confiscate the beer & booze, check us out and send us home with a sober kid deemed responsible. Now they just throw everyone in jail. Cops have been given the ability to act as judge, jury & executioner. Once they arrest you, its guilty until proven innocent. Any accusations makesyou guilty in the eyes of our sensationalism, er, I mean journalism. Justice in America is like trying to push water up a hill. Unless you have the money to afford a $500 an hour lawyer, you're pretty much boned. The have-nots and the kinda-haves don't stand a chance.
I was told by a prominent attorney in my area...any time you deal with elected prosecutors, they will do everything they can to get as many convictions as possible. Regardless of the circumstances; ie: first time offender, misdemeanor et al. They don't want to not get re-elected. The more people they put behind bars, for even the slightest offense, ups their conviction record. That means re-election. This is why jails are crammed full of pot-related offenders and mandatory sentencing for the smallest of offenses. Its a for-profit scam.
No question about it, the federal government needs to step in and prosecute and send these individuals to jail. Failure to do so sends a message to all of us that the judicial system has failed and the American people need to revolt. Imagine, the countless of injustice cases that we do not hear of. (EXAMPLE) > Just like the children's court judges in Los Angeles, that are paid by the dept of family affairs and the state and why there are thousands of children up rooted and sent to foster homes every month because of minor infractions. There are way to many injustices taking place now a days and the system is breaking down. We the people can change this, but we wont, not until we are face to face with it will we open our eyes.
So...who do these clowns really work for?....the taxpayers or 'the prison for profit machinery?'
I'm going with the latter...
Dona Ana County should NOT appeal.
On the topic of payment, I hope that it does not fall on the taxpayer. But if it does come from taxpayers, I would not object. This might force people to be aware of what is happening to us in our country where civil rights are being taken away.
Ron Paul 2012!
I still say send the judge, along with all the jailers and now the "good doctor" to prison. Make THEM stay in solitary confinement for twice as long with no medical. There is NO excuses for this. And give him at least a million bucks while awaiting the rest of his money and lifetime medical and psychiatric care on top of that.
There was no judge. This man was held for 22 months in solitary confinement on the SUSPICION of DUI and driving a stolen car. The friend that lent him the vehicle came forward almost immediately to the police and said the car was willingly lent, definitely not stolen. They just left him to rot.
Did he even get a BAC done?
Just curious, why the judge? He never went to trial, he never saw a judge until his case was dismissed.
Which makes one wonder.....Why wasn't it brought to a judge to begin with? How many other DWIs have been dealt with in the 22 months this guy was in solitary?
Also, who set the bail? 40,000 dollars for a DWI? The only word for that is "stupid."
hey, I had a DUI many yrs ago...back in my wild days. I wish they had lost me somewhere and I got 22mil....I'm just sayin.
It wouldn't matter much to you, keel, after ending up completely mentally disabled!
Natedom--"Just curious, why the judge? He never went to trial, he never saw a judge until his case was dismissed." Both law enforcement and the prison system are considered officers of the court. And what they do reflects on the court that has jurisdiction. The judge may not have to go to prison--he/she may not have been aware--but was definitely responsible.
I am sick by this mans awful 2 years feeling alone and abandoned with no one accounting for his welfare or whether he was even guilty or not! But the part that makes me the angriest is the justice system, I mean who looks after them and punishes them for their wrongdoings? Someone needs to be accountable for this man's treatment or lack of I should say. And who puts a 22 million dollar price tag on the mental abuse this man endured? Like he is able to fully enjoy his life at this point and money is going to bring back his mind! It's a joke and whats really sad is nothing happens to those responsible, yet the lawyers and justice system all still reap rewards for this criminal behavior! They still get their paychecks and enjoy the good life as this man can no longer function in a normal way. We need to make punishments that are fitting for the crimes committed and not pay the lawyers and insurance companies with our tax money, as who really deserves 22 million for anything? I'm sure the man would have been happy with enough money to be comfortable and maybe a formal criminal trial and investigation on the ones that caused this injustice to him! Then let the Supreme Court take over and punish them, but of course they would get to go to humane federal prisons, but without pay and ability to do it again and again. Have we all lost sight of right and wrong? Or does it come with a 22 million dollar prize?If we don't stop ridiculous lawsuits and insurance scams this country will never work! But who still works? Oh that's right those overpaid prison guards who are worse than the criminals they are paid to watch over! Our whole system needs an overhaul not money for victims, we need justice for victims! And accountability for using a man so 5 other men can get paid at this mans expense! Who puts a price on driving someone insane! That is insane itself!I want to move somewhere life is fair and justice is for ALL! What justice does this give to anyone? Mental health is worth more than any amount of money, and it certainly shouldn't be costing the average Joe 30% of his hard earned money to pay for these stupid lawsuits! Not saying he didn't deserve it, just saying how did they come up with 22 million in taxpayers money that should be used to better this place, not give the real crooks legal ability to keep getting away with it! Money is the root of all evil and unfortunately also the United States of America's Justice system. And who pays for this system? We the people do! How sad is that? No wonder the guy was depressed in the first place, it depresses the hell out of me! Just sayin.....