Post by guest on Apr 6, 2010 21:49:10 GMT -5
Coroner: 2004 death of Ohio jail inmate a homicide
The attorney for family members of a man who died while in an Ohio jail says a new ruling that the 2004 death was a homicide could lead them to seek harsher criminal charges against sheriff's employees now facing civil rights charges in the death.
"That is something that is under discussion right now," Cleveland lawyer Joel Levin said Tuesday. "It may well be that we will be asking for that. It may well be, but that's not final."
Levin said the family is waiting to see how federal prosecutors — who have said Carlton Benton was beaten in jail and the sheriff tried to cover it up — respond to the new coroner's ruling.
Initially, the Lucas County Coroner's office in Toledo had ruled the death to be from natural causes. Coroner James Patrick said Monday that his office revised the manner of death from natural causes to homicide last month based on newly provided FBI witness statements indicating Benton was asphyxiated by a "sleeper hold," which cuts off the flow of blood to the brain and causes a person to lose consciousness.
The new ruling came about six weeks before Sheriff James Telb and three others are scheduled to face a federal criminal trial for alleged civil rights violations related to Benton's death.
Benton, 25, was being held in the Lucas County jail on $1 million bond on aggravated murder charges in the February 2004 deaths of his paralyzed cousin and the cousin's wife. He could have faced the death penalty if convicted. His family believes he was innocent of the crimes.
"We don't think the evidence was good against him for the homicide," Levin said. "There is nothing by history or motive or any other reason to think him guilty."
County Prosecutor Julia Bates said she'll likely wait for the outcome of the federal case against the sheriff and others before considering whether to bring state charges in Benton's death.
"Originally, the death was not ruled a homicide," she said. "If there is a change in the ruling and the cause of death, we'd have an obligation to do further investigation here."
Attorney Rick Kerger said Telb will prove his innocence at trial and intends to keep his job.
A federal wrongful death lawsuit filed by Benton's family against the county and the four men charged in the federal case is pending the outcome of the criminal case. Levin said the change in the coroner's ruling helps strengthen the family's suit.
Jail records show Benton had been taken to a Toledo hospital on May 28, 2004, after having convulsions. He returned two days later to a medical cell, where corrections officers said a sheriff's sergeant "had a chokehold on him and kept it on him longer than he needed," the reports show.
A corrections officer later noticed Benton was not breathing. He was brought back to the hospital and died two days later.
Patrick said the coroner had been told in 2004 that Benton initially had seizures in the jail, was found unresponsive after he returned form the hospital and died from lack of oxygen to the brain. He said the death initially was determined to be from natural causes because Benton had a history of seizures, and seizures were a side effect of prescription drugs he was taking.
He said a sleeper hold can leave few external marks, but there were some marks on Benton's neck. He said there also were marks on his back, which were attributed to Benton's combative behavior at the hospital.
Telb is charged with one count each of making a false statement and covering up a felony and could face up to three years in prison if convicted.
Also indicted are a captain and a retired sergeant and deputy. They face trial May 10 in U.S. District Court in Toledo. Authorities say the sergeant choked Benton causing his death.
All four men have pleaded not guilty.
Levin praised the way federal authorities have handled the investigation.
"I think whatever happens here, this is the best of American democracy. When the government looks to see whether other government officials misbehave, that's the time we have real protection."
www.daytondailynews.com/news/ohio-news/coroner-2004-death-of-ohio-jail-inmate-a-homicide-638274.html
The attorney for family members of a man who died while in an Ohio jail says a new ruling that the 2004 death was a homicide could lead them to seek harsher criminal charges against sheriff's employees now facing civil rights charges in the death.
"That is something that is under discussion right now," Cleveland lawyer Joel Levin said Tuesday. "It may well be that we will be asking for that. It may well be, but that's not final."
Levin said the family is waiting to see how federal prosecutors — who have said Carlton Benton was beaten in jail and the sheriff tried to cover it up — respond to the new coroner's ruling.
Initially, the Lucas County Coroner's office in Toledo had ruled the death to be from natural causes. Coroner James Patrick said Monday that his office revised the manner of death from natural causes to homicide last month based on newly provided FBI witness statements indicating Benton was asphyxiated by a "sleeper hold," which cuts off the flow of blood to the brain and causes a person to lose consciousness.
The new ruling came about six weeks before Sheriff James Telb and three others are scheduled to face a federal criminal trial for alleged civil rights violations related to Benton's death.
Benton, 25, was being held in the Lucas County jail on $1 million bond on aggravated murder charges in the February 2004 deaths of his paralyzed cousin and the cousin's wife. He could have faced the death penalty if convicted. His family believes he was innocent of the crimes.
"We don't think the evidence was good against him for the homicide," Levin said. "There is nothing by history or motive or any other reason to think him guilty."
County Prosecutor Julia Bates said she'll likely wait for the outcome of the federal case against the sheriff and others before considering whether to bring state charges in Benton's death.
"Originally, the death was not ruled a homicide," she said. "If there is a change in the ruling and the cause of death, we'd have an obligation to do further investigation here."
Attorney Rick Kerger said Telb will prove his innocence at trial and intends to keep his job.
A federal wrongful death lawsuit filed by Benton's family against the county and the four men charged in the federal case is pending the outcome of the criminal case. Levin said the change in the coroner's ruling helps strengthen the family's suit.
Jail records show Benton had been taken to a Toledo hospital on May 28, 2004, after having convulsions. He returned two days later to a medical cell, where corrections officers said a sheriff's sergeant "had a chokehold on him and kept it on him longer than he needed," the reports show.
A corrections officer later noticed Benton was not breathing. He was brought back to the hospital and died two days later.
Patrick said the coroner had been told in 2004 that Benton initially had seizures in the jail, was found unresponsive after he returned form the hospital and died from lack of oxygen to the brain. He said the death initially was determined to be from natural causes because Benton had a history of seizures, and seizures were a side effect of prescription drugs he was taking.
He said a sleeper hold can leave few external marks, but there were some marks on Benton's neck. He said there also were marks on his back, which were attributed to Benton's combative behavior at the hospital.
Telb is charged with one count each of making a false statement and covering up a felony and could face up to three years in prison if convicted.
Also indicted are a captain and a retired sergeant and deputy. They face trial May 10 in U.S. District Court in Toledo. Authorities say the sergeant choked Benton causing his death.
All four men have pleaded not guilty.
Levin praised the way federal authorities have handled the investigation.
"I think whatever happens here, this is the best of American democracy. When the government looks to see whether other government officials misbehave, that's the time we have real protection."
www.daytondailynews.com/news/ohio-news/coroner-2004-death-of-ohio-jail-inmate-a-homicide-638274.html