Arlington inmate’s demeanor before dying was normal, jailers say

For 11 minutes, Jonathan Paul lay face down on the floor of an Arlington jail cell, his nude body motionless.

But detention officers at the jail that day last March told investigators that Paul’s demeanor was normal for inmates who struggled with jailers.

About 10 officers’ interviews with police investigators were played Wednesday during an arbitration hearing for Matt Fisher, one of two jailers given termination notices after Paul’s death.

“Every day,” one detention officer told an Internal Affairs detective when asked how often he observes on surveillance video an inmate lying in a cell like Paul.

Paul — who had been forcibly moved to the cell after he flooded another cell by stuffing his clothes down the toilet — was later taken to a hospital where doctors diagnosed a kidney injury, respiratory failure, liver failure and a temperature of more than 103. He died three days later.

The Tarrant County medical examiner’s office listed the cause of Paul’s death as an “in-custody death with application of physical restraints.”

Two detention officers — Steve Schmidt and Pedro Medina — were indicted in November on criminally negligent homicide charges, and two other jailers — Fisher and Wes Allen — were fired.

‘Failed to check on him’

Much of Fisher’s hearing Wednesday focused his response to Paul’s medical needs after the struggle on March 10, 2015.

“Fisher failed to check on him, failed to get him in a seated position and failed to render emergency aid,” Assistant City Attorney Sarah Martin said during opening statements Wednesday.

According to jail policy, “When jail personnel discover an inmate or employee in need of emergency medical treatment, [they] immediately render first aid.”

Zach Horn, Fisher’s attorney, countered by pointing out Paul’s erratic behavior.

Paul was arrested on Marcy 9 on outstanding warrants after police were called because he was throwing clothes and personal items out of his apartment. He claimed to be high on drugs.

On his way to jail, Paul “was combative and not in his right frame of mind,” testified Sgt. Lewis Coggeshall, who investigated Paul’s arrest and death for Internal Affairs.

In custody, Paul’s “behavior continued to get erratic,” Coggeshall said.

By the time Fisher and the other jailers tried to move him to a dry cell the next day, Paul had been in custody for about 24 hours, twice trying to flood his cell and ostracizing himself from other inmates, Coggeshall said.

After struggling to get him to the dry cell, the jailers “didn’t go into his cell, because they were concerned they would agitate him,” Horn said.

Paul’s demeanor ‘common sight’

Paul’s demeanor after the struggle was a “common sight” at the jail, Horn said.

One detention officer told Internal Affairs that it was “not uncommon to have guys lie there exhausted after use of force.”

The jail’s sergeant, Frank Vacante, said in his interview that detention officers did “not necessarily” have reason to be unusually concerned for Paul’s health. Vacante was suspended for five days after the incident.

Horn showed three unrelated surveillance videos of inmates’ behavior after use-of-force situations. Two were lying on the floor and one was lying on a bench. All three appeared motionless, similar to Paul.

Horn also played the 911 call made by Fisher.

“He’s lying in the same spot we left him,” Fisher told dispatch. “It looks like his breathing is shallow. ... We just want to get him checked out to be safe.”

The dispatcher told Fisher: “Just let him rest in a comfortable position and wait for help to arrive.”

Horn then noted that Fisher, who was hired by the Arlington Police Department in 2010, had no prior first aid training, including CPR training or defibrillator training.

An independent arbitrator will decide whether Fisher can resume working.

An arbitration hearing for Wes Allen, the other fired jailer, is set for Monday.

Steve Schmidt and Pedro Medina, the indicted detention officers, are scheduled to go on trial in October.

The city agreed in April to pay Paul’s family a $1.25 million civil settlement.

This story was originally published August 24, 2016 at 5:34 PM with the headline "Arlington inmate’s demeanor before dying was normal, jailers say."