Probe Faults Deputies in Emily Rice's Death

An internal probe found falsified records in an effort to cover up the fact that deputies did not make their required rounds the night Emily Rice died. They should be facing criminal charges not disciplinary ones.

Two deputies at the Denver jail failed to make required visits to the jail wing where Emily Rae Rice died and then falsified reports, according to an internal affairs investigation.

The results of the investigation are still under review by the city's top safety official. Two people familiar with the investigation described the findings to The Denver Post on condition of anonymity.

Police reports have described a chaotic scene the night of Rice's death. Inmates told investigators that their fellow prisoner, Rice, who had been booked for suspicion of drunken driving, cried for help for hours in her jail cell before she died.

Rice, 24, was booked into the jail on Feb. 18, 2006, after a car crash. She was taken by ambulance to Denver Health Medical Center, where she was examined and ultimately sent to jail.

Rice bled to death internally and died early Feb. 19, about 20 hours after she was booked. An autopsy showed she had a ruptured spleen and a lacerated liver.

The internal affairs investigation into her death is in the hands of Al LaCabe, Denver's public safety manager. He will decide whether the deputies should be disciplined and if so, to what extent. LaCabe also has the option of ordering further investigation.

LaCabe declined comment.

"I can't talk about that case at all, and I likely won't talk about it after I make my decision," LaCabe said.

The names of the deputies involved have not been released.

At this point, city officials, including LaCabe, don't believe the lack of diligence contributed to Rice's death, according to those familiar with the case.

The city officials have concluded that a jail deputy eventually did check on Rice's condition and alerted a nurse. When the nurse eventually made her rounds hours later, the nurse concluded Rice did not need further medical condition, those familiar with the case say.

The city's stance that the lack of checks didn't cause Rice's death was denounced by Rice's family and their lawyer, Darold Killmer, who are suing the city and Denver Health Medical Center in federal court.

"There is no human being in the world who could have looked at Emily Rice and not understood something was wrong," said Rice's mother, Susan Garber, a case management nurse.

As a nurse, Garber said she knew her daughter died a painful death.

"When you're having internal bleeding, I can't even describe it," she said. "They should have seen this is not your typical person just looking for attention."

"It's been over 18 months since Emily died, and as far as we know, none of these investigations have been completed," Killmer said. "There is no transparency in government here."

A police report states that the jail's "Thirty (30) Minute Inspection" forms for Feb. 18 and 19, 2006, noted that jail deputies checked females "on at least every 30 minutes, without deviation."

Police reports state that at 10:52 a.m. Feb 18, Rice was booked into the cell.

Those familiar with the internal affairs investigation say the investigation determined that the required rounds weren't made for a significant time even though the paperwork states that the 30-minute checks were made.

Jail Deputy Juliana Barron told investigators that she relayed Rice's complaints to the jail's nurse, who said she would check on Rice's condition sometime after 2 a.m. on Feb. 19. Another guard refused to give Rice an extra blanket when Rice said she was cold, telling her that inmates don't get two blankets.

Police reports show that the nurse did not provide further medical treatment despite Rice's complaints that her legs felt numb. Rice refused to attend breakfast at 4:30 a.m. because her feet were numb.

Rice died shortly after 6:10 a.m., when nurses found her moaning in her bed, complaining of leg pain, her hands ice-cold.

"When she died, she was still trying to say her name, but you couldn't understand her," said the mother, Garber, who has reviewed the police reports. "She was gurgling. It just kills me."

The Denver Post