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Medical Examiner: San Diego Central Jail inmate's in-custody death ruled homicide

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Posted at 10:57 AM, Mar 02, 2023

SAN DIEGO (CNS) - The San Diego Sheriff's Department released the cause of death Thursday of an inmate who died in police custody nearly a full year ago.

Lonnie Newton Rupard was found unresponsive in his San Diego Central Jail cell on March 17, 2022.

Sheriff's deputies and medical staff performed lifesaving measures until Rupard was taken to a hospital, where he later died.

The San Diego County Medical Examiner's Office autopsy report showed Rupard's preliminary cause of death was from pneumonia, malnutrition and dehydration with a COVID-19 viral infection, pulmonary emphysema and duodenal ulcer as contributing factors.

RELATED: Cause of death of inmate at San Diego central jail deferred

The Medical Examiner's Office determined Rupard's death was a homicide, according to the sheriff's department.

The ruling on the manner of the death of Rupard -- a diagnosed schizophrenic who was homeless when National City police arrested him for a parole violation in December 2021 -- hinges on a finding that his jail caretakers fell short in safeguarding his health and well-being while he was in custody.

"Records document that care was made available to the decedent in the form of meals, continuous in-cell water supply, prescription medications to treat his psychiatric illness and medical evaluations; nevertheless, the ineffective delivery of that care ended with his death," the document states. "While elements of self-neglect were present, ultimately this decedent was dependent upon others for his care; therefore, the manner of death is classified as homicide."

"Reading the cause of death and the manner of death, it was shocking," said Paul Parker, the Executive Officer of the San Diego County Citizens' Law Enforcement Review Board.

Parker said Rupard's death is why they're pushing for the board to have more jurisdiction over medical service providers in jails.

"We do get the medical records, but we can not ask them [medical service providers] questions about why did you do this or why did you not do that and then render a finding saying they did something wrong," he said.

In a prepared statement, sheriff's officials asserted that they were working to determine whether any of their personnel indeed were responsible for failings that contributed to the in-custody fatality.

"As part of its process, the sheriff's Internal Affairs Unit began an investigation in April of last year," the department stated. "Investigators are looking into the circumstances surrounding Mr. Rupard's death to determine any violation of department policy and procedure. The sheriff's Homicide Unit is also investigating the incident and will submit its findings to the District Attorney's Office for review. We will also provide our findings to the U.S. Attorney's Office for review by its Civil Rights Unit regarding any potential violations related to Mr. Rupard's death."

According to the autopsy report, Rupard "was known to become violent when he was not on his (psychiatric) medications," had been "in and out of jail" and had received treatment at Patton State Hospital, a forensic psychiatric medical facility in San Bernardino County.

In the months leading up to his death, Rupard repeatedly refused to take his prescribed anti-psychotic medications, according to the postmortem review.

He also was uncooperative and belligerent with jailers, who on one occasion in late January 2022 conducted an unspecified "use of force" on him, after which a nurse "noted a laceration between his eyebrows ... a small abrasion on the left side of his face and some possible blood on his lips," according to the report.

Despite his injuries, Rupard "repeatedly stated, `I don't need a medic. Leave me alone. If you touch me, I'll kill you,"' the documents states. "For safety reasons, the nurse was not able to further assess him."

A March 24, 2022, mental-competency review documented that Rupard was seen three days prior to his death by a court-appointed doctor assigned to assess his cognitive fitness to stand trial.

"The psychiatrist noted the cell was dirty with trash throughout," the autopsy report states. "The toilet was full of excrement, and the room was malodorous."

During the consultation, according to the postmortem review, the doctor noted feces on the floor of Rupard's cell and food "smeared on the walls," and documented that he was "unkempt and dirty himself ... (and) lying in bed in an uncomfortable manner with a blanket over his head."

"The psychiatrist's final opinion was that he suffered from severe mental illness and was not competent to stand trial," according to the medical examiner's report. "He recommended referral to a state hospital and that he be given antipsychotic medication involuntarily, as allowed by law."

In their statement regarding the autopsy rulings, sheriff's officials asserted that, since Rupard's death, "several changes and advancements have been implemented within the Detention Services Bureau to help identify when a person in custody may need additional medical and mental health care."

"These changes have helped staff recognize when a vulnerable individual may not be able to advocate for themselves and staff (members) need to intervene on their behalf," according to the department.

Parker said he commends changes but said more needs to be done.

"I think if you have a civilian oversight entity and you give the appropriate authority, that would be a tool for the county... the sheriff, herself, to have every available option to provide the best possible services to those in her care," Parker said.