A look back at 2016: Taos County jail saw two deaths in two weeks

Juan Espinoza-Garcia and Jonathan Bourg died in the Taos County Adult Detention Center within two weeks of each other in July.

Their deaths were not the first in the jail’s history, but the timing of the deaths rattled administrators and exposed shortfalls in the local criminal justice system.

Espinoza-Garcia overdosed on heroin at Walmart in early July but was saved by law enforcement with anti-overdose drugs. He was taken to Holy Cross Hospital, where he later walked out. He had been driving a vehicle with stolen plates, so a warrant was issued for his arrest. He was picked up by law enforcement in Albuquerque July 15 and brought back north.

On July 16, he killed himself with a bed sheet.

Suicide statistics

The death of Espinoza-Garcia fits the profile for previous deaths in the Taos County jail and for most deaths in local jails more generally.

Indeed, suicide has been the leading cause of death in local jails every year since 2000, according to the U.S. Department of Justice. In 2013 (the most recent year for which government data are available), suicides were 34 percent of all inmate deaths in jails. That’s 327 people.

And 60 percent of all suicides in jails from 2000 to 2013 involved inmates who were 25 to 44 years old. (Those who died in the Taos County jail were between the ages of 20 and 30).

Suicide as the leading cause of death while in detention is unique to local jails. In state, federal and private prisons across the country, illness-related deaths — heart disease, liver disease and cancer — account for 89 percent of inmates who died.

‘Red flag’

One thing that could have changed Espinoza-Garcia’s situation, said jail director Nelson Abeyta at the time, is knowing about the heroin overdose more expeditiously.

“That would’ve been a red flag,” he said.

Sometimes when a person is booked into the jail, the officer who brought them in will alert the jail staff of behaviors to keep an eye on, like drug use or withdrawal, Abeyta said. Or if medical staff members for Correctional Health Partners — the jail’s medical contractor — suspect there might be an issue, they can request information directly from the hospital.

But as Espinoza-Garcia’s death highlights, the informal system can be fatally inconsistent.

Taos County Commissioner Candyce O’Donnell says that information sharing is at the crux of inmates’ safety. “There’s no mechanism for a social worker [to be alerted of an overdose] and come say, ‘Let us help you.’ In my opinion, we need to get all the record keeping together and everyone sharing the information,” she said.

But laws and technology are both obstacles to doing so. As of this year, the jail still used paper records. Furthermore, privacy laws prevent the flow of information regarding mental and behavioral health that local leaders have called for.

Manslaughter

Bourg was found dead less than two weeks later, in the morning hours of July 28.

Abeyta notified Taos County Manager Leandro Cordova of “the possible overdose” within minutes of Bourg being found unresponsive in his cell.

Eighth Judicial District Attorney Donald Gallegos told The Taos News Dec. 20 that another inmate at the detention center, James Gallegos, was charged with involuntary manslaughter for Bourg’s death and indicted on Dec. 15. The district attorney’s office alleges Gallegos provided Bourg with heroin.

Indeed, heroin was found in the jail the morning of Bourg’s death. During a K9-assisted shakedown, a “quarter sized ball of heroin” was found on another detainee, Chris Hoffman, who was arrested at the jail and charged with possession of a controlled substance.

‘Treatment or counseling’

Before Bourg died, his attorney and family tried to get him out of jail and into treatment for substance abuse and mental illness.

Bourg was booked into the jail May 12 after being arrested on three warrants. A pretrial assessment by Tri-County Community Services dated May 21 stated Bourg had a “vast” alcohol and drug history as well as mental health issues. Tri-County recommended Bourg go through “90 days if not [six] months” of in-patient treatment prior to entering drug court. The report recommended Hoy Recovery’s residential program, which is based in Española. Eighth Judge Sarah Backus agreed to a court order that would allow for an interview with the treatment facility.

But Bourg was never able to get into treatment.

“We couldn’t find anyway to get him directly into a treatment facility, even though we appeared before the court. I really wish we’d found some way to amend his treatment,” Bourg's attorney, Markus Kolber told The Taos News at the time. 

“In general we have an issue with people being in corrections who should really be in treatment or counseling. The system just isn’t designed for people who have any kind of psychological need ... or treatment option that they need," he said. 

Kolber added that the wait for the hearing is sometimes so long that by the time it goes before the judge, it’s too late. Bourg died in July. His pretrial conference was scheduled for Sept. 19, with a docket call on Nov. 28. The jury trial date was scheduled for Dec. 6.