Family says man died after being injured then neglected for a week by rural Colorado jailers - WTOP News
DENVER (AP) -- A lawsuit filed by the family of Michael Burch details the tragic circumstances surrounding the 69-year-old man's death in a rural Colorado jail, where he is said to have slowly suffocated after suffering broken ribs during an altercation with a deputy. Burch, whose 2023 death was ruled a homicide, awaited medical care for a week in a cell after the incident, which involved the use of a Taser when Burch refused to drop a pencil.
The confrontation occurred in Huerfano County jail, where a deputy warned Burch to "drop it or we'll drop you" before deploying the Taser. Body camera footage captured the chaotic scene, showing Burch charging at the deputy and subsequently being tackled into a steel bench, leading to six broken ribs and a collapsed lung, according to an autopsy report. Despite clear indications of his injuries, Burch was not transported to a hospital but instead moved to another cell, where he ultimately died.
The lawsuit, which names several defendants including Huerfano County officials and healthcare providers at the jail, alleges that the staff's failure to provide adequate care violated Burch's constitutional rights. Burch, a former California prison guard, exhibited signs of deteriorating mental health prior to his arrest on March 25, 2023. The lawsuit claims that he was not properly evaluated for mental health issues upon his arrival at the jail.
Despite visible distress and claims of severe pain after the altercation, Burch received minimal attention from paramedics, who failed to assess his chest even after he reported his ribs had been crushed. A subsequent video indicates that a contracted nurse's interaction with Burch focused primarily on his mental health rather than his obvious physical injuries, and he was found dead just three days later.
Due to the case's severity, it has attracted significant attention, but District Attorney Henry Solano has indicated that there was insufficient evidence to pursue criminal charges against the deputy involved. Meanwhile, the family of Burch seeks accountability, noting the lack of disciplinary action against staff involved in the incident. A representative for the county has refrained from commenting on the lawsuit, citing ongoing legal proceedings.