An attorney for the family of a man who died in a Florida prison shower says an outside review of skin samples contradicts the official ruling in his death. She is also criticizing Miami-Dade State Attorney Katherine Fernandez Rundle for not pursuing charges, according to the Miami New Times.
Darren, 50, died at Dade Correctional Institution in Miami-Dade County on June 23, 2012. He had schizophrenia. The family’s civil case alleged he was left in a scalding shower and was found dead after about two hours. Dr. Emma Lew, the county’s deputy chief medical examiner, ruled the death accidental. She said the peeling skin seen on his body was “skin slippage” caused by a warm, moist environment and not burns. She also suggested his prescribed medication, Haldol, may have created a predisposition to sudden cardiac death, the New Times reports.
Years ago, a federal judge ordered skin tissue samples released to three outside experts. One was Dr. Werner Spitz, hired by the family. Another was Dr. Wayne K. Ross, hired by the attorney for two corrections officers, Roland and Cornelius, who were named as defendants in the civil case. A third was hired by the attorney for Corizon Correctional Healthcare, the company that provides health care at the prison. The results were never made public, and the civil case was later settled for $4.5 million, according to the outlet.
Family attorney Vicki Sarmiento says a confidentiality order stops her from sharing Spitz’s report, but she describes it as “completely contrary” to Lew’s findings. “It would be our position that it was a homicide,” she told the New Times. She also disputed the Haldol explanation. Spitz declined an interview, and his office pointed to the confidentiality order. Ross said he needed clearance before speaking, and the other attorneys did not return calls. The New Times did not report a direct response from Lew.
Fernandez Rundle decided in 2017 not to file criminal charges against the officers, and she has cited Lew’s report as a main reason. In recent interviews she has said Darren had no burns on his feet, which she argues raises questions about the idea that he stood in scalding water. The New Times notes that witnesses said he was wearing shoes. No charges have been filed against anyone in the case.
The issue is back in the spotlight because Fernandez Rundle faces a challenge from Melba Pearson in the Miami-Dade state attorney race ahead of the August 18 election.
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