BUFFALO, N.Y. (WKBW) — An Erie County jury has awarded $95 million in damages to be paid to the family of Richard Metcalf Jr., who was 35-years-old when he died in the custody of the Erie County Sheriff’s Office 12 years ago.
After 10 weeks of testimony and eight hours of deliberations, the jury hearing the civil trial found the county and five deputies liable for excessive force and depriving Metcalf of care. The jury also ruled there should be punitive damages against each of the deputies. A punitive damages hearing is set to begin April 30th.
Metcalf died at the Erie County Medical Center on November 30, 2012 after being removed from the Erie County Holding Center. According to the New York State Commission of Correction, Metcalf was suffocated by jail deputies who were improperly applying restraint devices. Deputies asphyxiated him while trying to restrain him using a “spit mask” and placing a pillowcase over his head, the commission ruled in 2016.
The commission cited video footage of the restraint, pictures of a "spit mask" that was tied around Metcalf's neck, a pillowcase that was placed over his head, blood in his airway and the transport of Metcalf in a prone position as "classic elements of a death that was caused directly by traumatic asphyxia with compression of the torso and neck."
Had Metcalf received "appropriate crisis level mental health care" and had he "been the subject of a properly supervised use of physical force, his death could have been prevented," the commission’s report stated.
Following the release of the state report, then-Erie County Sheriff's spokesman Scott Zylka said the sheriff’s office "reviewed the report and disputes many of its purported findings. In preparing the report, we believe the [state corrections commission] mischaracterized and misinterpreted critical evidence, and the failure to accurately take account of that evidence led to flawed conclusions. The Erie County Sheriff’s Office looks forward to defending itself and the actions of its deputies in court."
Following the jury’s decision on Monday, Sheriff John Garcia’s office released a statement that suggested mismanagement from past administrations do not reflect the culture that exists now.
"This verdict stems from an event that occurred 12 years ago,” the statement said. “Since Sheriff Garcia took office in 2022, the Erie County Sheriff's Office has become a far different organization. This administration has been proactive in seeking state and federal accreditations for all divisions in a robust effort to employ stringent practices for the safety and care of our personnel and our incarcerated population. These accreditations can only be earned after a thorough review of policies and procedures by a third party to ensure the best are implemented. Additionally, consistent with Sheriff Garcia's promise to the people of Erie County, the office has aggressively sought funding to modernize every aspect of the operation. We will continue to do so."
The Brown Chiari Law Firm is representing Richard Metcalf Senior, the father of the inmate. The law firm declined comment today to 7 News Anchor Lia Lando, due to the upcoming punitive damages hearing at the end of this month.
