D.A. Finds Fault but No Liability in Jail Death

San Diego County sheriff’s deputies do not “bear any criminal liability” for their part in an altercation earlier this year in which an inmate died after he was placed in a chokehold in the downtown jail, according to Dist. Atty. Edwin Miller.

However, Miller criticized jail deputies for grabbing the unconscious inmate’s legs and dragging him face down across the floor, a situation that is “inconsistent with basic humane treatment” and may have related directly to his death.

In an eight-page report dated Thursday and released Friday by the Sheriff’s Department, Miller discussed in depth the circumstances surrounding the arrest, incarceration and death Jan. 22 of Albert Varela.

Struggle With Deputies

The 28-year-old inmate was involved in a struggle with as many as six deputies, one of whom placed him in a carotid hold, rendering him unconscious. He was later dragged into another holding area, where his vital signs were found to be weak. He was then transferred to the UC San Diego Medical Center and pronounced dead.

Rose Varela, the victim’s mother, said Friday that, despite Miller’s findings, she believes sheriff’s deputies are abusing inmates, a charge that has been echoed this year by a number of former and current San Diego County Jail inmates.

Widespread allegations of abuse have prompted federal and county grand jury investigations.

“I believe there is a lot of abuse in the jails,” she said. “It shouldn’t be happening. All we know about my son is that there was a scuffle. All we’ve known from the beginning is that there was a scuffle, and that was it.

“But nobody dies from a scuffle.”

She and her family have filed an $8-million claim against the county, contending the deputies “committed assault and battery upon him.”

‘Pleased with Findings’

Sgt. Bob Takeshta, a sheriff’s spokesman, declined to discuss specifics of Miller’s conclusions because of the pending litigation.

“We’re pleased with the findings of the report, but outside of that we have no comment,” he said.

Asked to comment about the criticism in the report, Takeshta said: “I’m not going to enumerate on that.”

Miller, in his report, gave this account of the death:

Varela, a large man at 6-foot-1 and 286 pounds, was arrested after he allegedly violated a court order to stay away from his family because of past temper tantrums and fights. He asked to be taken to jail, and was driven there.

While being processed there, Deputy Carlos Rodriguez “threw Varela’s clothes to him, and Varela in turn threw them at Deputy Rodriguez.”

A fight ensued, and Rodriguez was assisted by five other deputies--R. L. DeVault, S. T. Riley, J. J. Rodi, R. K. Brown and Jim Ellis. During the struggle, DeVault applied a carotid restraint hold on Varela’s neck while the other deputies kept him off balance. Varela fell to the floor, face down.

“Still resisting, and with blood coming out of his nose, Varela’s wrists were handcuffed behind him,” the report said. “Owing to his body weight and the deputies’ exhaustion from the struggle, Varela was dragged out of the phone room by his legs, with his chin scraping on the floor, and into a padded safety room down the hallway.”

He was examined. His vital signs were weak. Paramedics were called. And he was taken to the medical center, where he was pronounced dead.

Cause of Death Debated

Miller said a coroner’s examination determined “there was no evidence” that the chokehold blocked Varela’s airway, and that instead the victim simply died when his heart stopped.

But the coroner ruled the death a homicide. And Miller said:

“Varela’s ability to recover from application of the carotid restraint hold was compromised by positional asphyxiation. His large body weight, coupled with being handcuffed and in a face-down position, limited effective respiration and contributed to his demise.”

Miller ruled that the chokehold was a proper technique, given the circumstances of the fight and the size of Varela. But he criticized the other actions of the deputies.

“The deputies would have been better served by checking Varela’s vital signs and state of consciousness . . . once he was handcuffed and subdued,” Miller said.

“His condition was aggravated by placing him on his stomach. Further, although we are mindful of the jail environment, dragging an inmate on his face is simply inconsistent with basic humane treatment, particularly after that inmate has been restrained and controlled.

“In addition,” he added, “such conduct may relate directly to the cause of death.”

Witness’ Story ‘Poppycock’

Miller also dismissed as “poppycock” the allegations of another inmate who told The Times that he witnessed the fight.

That inmate, Steve Douglas, told the newspaper in March that the deputies were ganging up on Varela and ignoring his pleas for mercy.

“You could hear the four deputies teeing off on this guy,” Douglas was quoted as saying. “One deputy took his baton with him and you could hear the inmate yelling, ‘Oh, my God! Please don’t beat no more!’ ”

Miller said Douglas was interviewed by his office and stood by his story. But Miller also said a review of jail records showed that Douglas was not present during the fight, and that Douglas described Varela as about 5 feet, 6 inches tall and weighing about 140 pounds.

That, said Miller, is “about as far from the truth as the rest of Douglas’ tale.”