CHARLESTON, W.Va. — A lawsuit against the state following the 2019 death of an inmate inside the North Central Regional Jail has ended in an out-of-court settlement this week.
The state Division of Corrections and Rehabilitation agreed to a $1 million settlement with the family of Zachary Bailey after the third day of testimony in a trial that took place in Kanawha County Circuit Court.
Bailey family attorney Jesse Forbes said the settlement offer came after shocking testimony from a former corrections officer at the jail.
“The jail officers came in and actually one of them admitted under oath that up to six guards piled on top of Zachary for seven minutes, cutting off his air supply,” Forbes said during a Friday appearance on MetroNews “Talkline.”
Forbes said a CO captain had Bailey, 26, in a choke hold.
“He was turning blue, begging for breath, asking them, ‘Please stop. I can’t breathe,’ begging them to get off,” Forbes said.
Forbes and co-counsel Dante DiTrapano said Bailey was having a medical crisis the day he was arrested after being treated at a hospital. He was suffering from a brief relapse into drug addiction. They said the jail guards went over the top in their treatment of him once he arrived at the jail.
DiTrapano said Bailey was put into a holding cell with 11 inmates where he kicked the door and became disruptive.
“The force they used was so excessive, laying on top of him and his legs turning blue as people watched,” DiTrapano said.
One former officer testified the case has haunted him for five years. There have been no criminal charges filed in connection with the death.
“We cannot speak to what happens criminally or should happen criminally that’s for someone else,” Forbes said. “Our job was to try and get justice for this family.”
The plaintiffs could have chosen to reject the settlement and take the case to the jury but DiTrapano said the family was ready to move on.
“The family wanted closure and we weighed the options and they decided to take the million dollars,” he said.
The Division of Corrections and Rehabilitation is covered by the state Board of Risk and Insurance Management (BRIM) which has a $1 million limit for these types of cases.
Forbes said the state fought the lawsuit for five years but changed its mind after hearing the testimony.
Story by Jeff Jenkins, MetroNews