Inmate's Death Drug-Induced; No Prosecution For Staff: Report

EL PASO COUNTY, CO – No evidence exists that would lead to prosecution of any law enforcement personnel or medical staff in the 2017 death of a 40-year-old man in custody at the El Paso County Criminal Justice Center, officials said today.

Eliezer Tirado-Ortiz was found unresponsive in his cell on Sept. 7, 2017 and died while in custody, authorities said.

A review by the Tenth Judicial District Attorney’s Office determined his death was "a tragic event precipitated by the use of heroin and methamphetamines," said the Colorado Springs Police Department, brought in by El Paso County Sheriff Bill Elder to investigate Tirado-Ortiz’s death.

While the El Paso County Coroner’s Office ruled the death a homicide, "the result of heroin and methamphetamine intoxication associated with necessary physical restraint by law enforcement," a determination based on National Association of Medical Examiners standards concerning deaths associated with physical restraint by law enforcement, but noted that "homicide means death at the hands of another person, but does not imply wrongdoing or criminal intent."

Tirado-Ortiz was arrested after deputies were called Sept. 7 at about 10:48 a.m. to a disturbance at 2864 South Circle Drive, where the suspect reportedly was behaving erratically, punching an elevator and doors and throwing items into a parking lot, police said.

After being placed in a patrol car, the man banged his head against the window, was sweating heavily, and was "generally behaving in a hyperactive manner," leading deputies to suspect he was under the influence of a narcotics, the agency said.

"When asked what his drug of choice was, Mr. Ortiz replied that it was heroin," police said. He allegedly possessed "a small amount of heroin and drug paraphernalia" and was arrested on suspicion of felony narcotic possession and transported to the CJC.

On the drive, "Mr. Ortiz spoke very rapidly," the report said. "He talked about many things including heroin, drugs and methamphetamines."

At CJC, most interactions involving Tirado-Ortiz were recorded on cameras in the Sally Port vehicle area and in the booking area, officials said, adding that a CJC nurse met the patrol car and was present when the man was escorted by deputies into the jail, after he refused to move on his own, and then into a temporary holding cell.

In the holding cell, Tirado-Ortiz screamed, was "non-compliant" with a pat-down search and was placed on his stomach and restrained, officials said.

"The deputies primarily restrained the arms and legs of Mr. Ortiz, but did utilize hand and knee strikes as they attempted to place a 'spit sock' over his face and to replace his clothing with a safety gown," the department said.

A "spit sock" is a hood made of breathable material used to prevent the transfer of diseases from spitting and biting, and a "safety gown" is clothing which inhibits acts of self-harm and is used as a suicide-prevention tool, police said.

Six deputies attempted to restrain the man and put on the safety gown, the nurse checked his leg restraints and pulse, and one deputy attempted to photograph Tirado-Ortiz, but the camera failed, officials said.

Ten minutes and 38 seconds after initially entering the cell, the man was placed him on his side, a "recovery position," and deputies left the cell, police said.

"Mr. Ortiz rolled back on to his stomach and appeared unresponsive," the report stated. "Approximately one minute later, deputies reentered the cell to attend to Mr. Ortiz. They were assisted by CJC nursing staff, and AMR ambulance personnel also later responded to assist with rendering medical aid to Mr. Ortiz."

Included in the medical response was administration of Narcan, a nasal spray used to counteract the life-threatening effects of opioid overdose, officials said.

"Unfortunately, medical personnel could not revive Mr. Ortiz and he was pronounced deceased," the report said.

The investigation was forwarded to the Tenth Judicial District Attorney’s Office for review of possible criminal charges associated with Tirado-Ortiz's death, a request made by the Fourth Judicial District Attorney’s Office after it was determined that an uninvolved member of the staff was a relative of a CJC employee.

"The Tenth Judicial District Attorney’s Office agreed to conduct this review to ensure impartiality in the review process," authorities said. "Upon completion of their review, they determined evidence does not exist to prosecute any of the involved law enforcement officers, law enforcement personnel, and/or medical staff in regards to the death of Mr. Ortiz."

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