Amherst deputies cleared in man’s death
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By Chris Dumond
Published: August 18, 2008
AMHERST — Amherst County Sheriff’s deputies have been cleared of any criminal wrongdoing in the 2005 death of a man in their custody.
A report, filed Aug. 12 by special prosecutor and Halifax County Commonwealth’s Attorney Kim White, states that their actions did not rise to the level of manslaughter or murder.
“I have concluded that criminal charges against the law enforcement officers are not warranted and could not be successfully prosecuted in a criminal court,” White wrote.
White was appointed as a special prosecutor on the case to avoid creating a conflict of interest with the Amherst County commonwealth’s attorney. White declined an interview request Monday.
The decision not to prosecute was made nearly two years ago, she wrote, but was not publicly disclosed until last week, after Amherst County Circuit Judge Michael Gamble ordered her to report on her findings by Oct. 1.
According to court records, on the evening of June 16, 2005, Amherst County deputies Debbie Tinnell, Darren Givens, Brian Drewry, D.K. Dodson and Betty Wise responded to a call that a man was trying to break into Bethel Welding near U.S. 29.
Finding 28-year-old Sanchez Taylor at the building, Tinnell and Givens cuffed Taylor, but struggled to control or move him, according to statements filed in U.S. District Court in Lynchburg.
Drewry and Dodson came to assist while Taylor continued to struggle. Within minutes, deputies noticed Taylor was not breathing. He later died.
Taylor’s death was ruled a homicide by medical examiners, with cocaine abuse and heart disease listed as contributing factors.
On the two-year anniversary of his death in June 2007, Taylor’s mother filed a $15 million wrongful-death lawsuit in federal court.
It alleges the deputies threw Taylor on a ladder and ornamental rack at the welding shop and held him down, suffocating him.
The lawsuit claims Taylor was at the welding shop looking for help after his car broke down and he struggled because he was being crushed.
In her report, White wrote that the level of force used by the deputies was consistent with sheriff’s office policies and that there was no intent to kill Taylor, negligence or disregard for human life — factors that would have to be shown to prosecute the deputies for murder or for involuntary manslaughter.
The report also discusses accusations that Taylor was intoxicated and that he had been diagnosed with schizophrenia. It states that cocaine was found in Taylor’s car and that witnesses described him as being “messed up.”
A friend said that on the day of his death, “she had never seen him in a more nervous state and that she saw both of (his) shoulders flinching, something she had never observed.”
White noted that when she reached her decision not to prosecute in 2006, she contacted Arelia Langhorne, the Lynchburg lawyer representing the dead man’s mother. In late 2006, her report states, she met with Langhorne and shared the contents of her investigative file, “as I believed she would be entitled to the information for preparation of the civil suit I understood she intended to file.”
White has refused to allow The News & Advance access to this file.
Public information laws in Virginia only require the release of “a general description of the criminal activity reported, the date and general location the alleged crime was committed, the identity of the investigating officer and a general description of any injuries suffered or property damaged or stolen.”
Those laws allow for more information to be released, particularly at the conclusion of an investigation, but White stated Monday in an e-mail that she “exercised (her) discretion to withhold the records.”
The only people notified of her decision not to prosecute in late 2006 were Langhorne, the supervisor of the Virginia State Police independent investigation, and Amherst County Commonwealth’s Attorney Stephanie Maddox.
White’s report states she consciously decided not to make the conclusion in writing and did not respond to questions regarding the status of the case a year later from The News & Advance.
“I believed that a written report could taint a potential jury pool, and thus impair the right to a fair trial by the family of Mr. Taylor,” she wrote.
The federal civil lawsuit is still pending. A hearing has been scheduled for Thursday afternoon, in which a lawyer for the deputies will ask the judge to dismiss the suit, although a mediation conference has been scheduled for Friday morning.
Timeline:
- June 16, 2005: Sanchez Taylor dies in the custody of the Amherst County Sheriff’s Office after a confrontation with deputies.
- Sept. 12, 2005: Medical examiner David Cresson rules Taylor’s death a homicide due to asphyxia from police restraint with cocaine abuse and heart disease as contributing factors.
- June 11, 2006: Amherst County Commonwealth’s Attorney Stephanie Maddox gives her investigative file to Halifax County Commonwealth’s Attorney Kim White to avoid a conflict of interest in investigating the county sheriff’s office.
- Aug. 17, 2006: White contacts Arelia Langhorne, a Lynchburg lawyer representing Taylor’s mother, Melva Taylor Davis. She asks Langhorne for relevant materials she should review. Langhorne responded on Oct. 23.
- Late 2006: At a date listed in the report numerous times only as “late 2006,” White and Langhorne meet at White’s Halifax office. White notifies her she will not file charges against the deputies. White allows Langhorne to review her file “as I believed she would be entitled to the information for preparation of the civil suit I understood she intended to file.” White subsequently informs a lead state police investigator and Maddox that she will not file charges in the case. White said she did not announce that decision publicly to avoid prejudicing a potential jury in a civil case.
- June 2007: Langhorne files a $15 million lawsuit in U.S. District Court in Lynchburg against Amherst County administrators, Sheriff Jimmy Ayers and five deputies.
- December 2007-January 2008: The Amherst County Sheriff’s Office and Virginia State Police refuse to provide investigative records to The News & Advance, citing an exemption to public information laws for ongoing investigations. White refuses to answer questions about the status of the investigation or to provide access to her files on the matter. County administrators are dismissed from the case.
- June 13: Ayers dismissed from the lawsuit.
- July 11: Deputy Betty Wise dismissed from the lawsuit.
- Aug. 12: Amherst County Circuit Judge Michael Gamble orders White to produce a report on the three-year-old case. She files a report the same day notifying the court of the decision she made in late 2006.
- Aug. 14: Judge Gamble accepts White’s report and the case is closed. White continues to refuse access to the file.
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Reader Reactions
Posted by ( topsecret1 ) on August 29, 2008 at 11:36 am
sexymomma the best thing you can do is to log off the website and stop typing comments. Your brother got his first charge because he was RUNNING from a DUI, not because of the assault on a police officer! What if he would have hit and killed a family of five while driving under the influence? Then I guess the cops would have been faulted for not doing their job. Also, studying criminal justice in a classroom is a whole different world than working the streets and dealing with people who could care less wether you live or die. I guess you are the kind that can sit and bad mouth the police until you need the services of one. I am glad this lawsuit is over with, it’s just a shame that Mr. Taylor’s past wasn’t made public sooner.
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Posted by ( The Arbiter ) on August 20, 2008 at 1:38 pm
Wow, I am amazed by some of the anti-law enforcement comments. I really shouldn’t be I suppose, but still, it is incredible.
It is disgusting and yet humorous at the same time to see “well my brother did this”, or “I did that” or “my daddy was doing this…“ and then talk of all the dire consequences that that happened.
Everyone of you that is complaining about some action taken by a law enforcement officer (LEO) keep forgetting ONE SIMPLE THING. If the person had not been breaking the law, had not been committing a crime in the first place, there would never have been a problem.
Claiming racism just because the officer i a different race is an old and tired line. Please find a new one.
If the officer is white and the suspect is not, then you say the officer is racist. If the officer is non-white and the suspect is non-white then you want to claim the officer is just working for “The Man” or is an “Uncle Tom” or some other offensive silly statement.
I know many officers in this area, and I know them to be professionals who just want to do their jobs and go home to their families. I am sorry, but you folks complaining about being harassed do not really matter enough for LEOs to take the time to target you or anyone of you family. If you have a brother (insert any other family member) who keeps having problems with the cops, it is because your brother is a hard head who won’t learn to stop breaking the law.
Bottom line in the case from the article and in every case mentioned in the comments. Don’t break the law, don’t run from the cops, don’t be stupid and you will not have these problems, I have never had a negative encounter with an LEO that I did not initiate (by speeding, or whatever).
It really is that simple.
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Posted by ( Cosmo Wafflefoot ) on August 20, 2008 at 6:31 am
...“I believed that a written report could taint a potential jury pool, and thus impair the right to a fair trial by the family of Mr. Taylor, “she wrote.“.. But, the least I could do was inform the public that he was BLACK and had used COCANE and was “LURKING” around in a SUSPITIOUS MANNER.
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Posted by ( Freedom ) on August 19, 2008 at 2:41 pm
,,GEE WIZZ,,sounds like you people really have some beef w/amherst cops,,so let me clarify myself,,those arrest were here in lynchburg ,,i in bedford,,the cop i ran from was lynchburg,,and lpd has made it clear to me that they have a cell w/my name on it,,thats how well we know each other,,cause they have knock on my door many a time,,maybe another 15 times but no arrest,,whewww,,,however they always left reminding me that my cell was still in reserve,,now the cop in NYC,,he drew his gun and said stop mother or i,ll blow your brains out,,this was again after i had run and i was getting the best of him,,needless to say i FROZE,,messed my pants and took the body slam etc etc,,and NO i didnt file suit,,dudd,,i knew i was in the wrong!!now in FLA. i got draged around the parking lot,,brused and banged up,,you see i was at a spring break thing,,yea yea,,and this HOT chick,,hummm,she was kinda by herself ,,no wedding band..no engagement ring so i was talking to her ,,trin,, the music was real loud,,the next thing i know was this huge guy was grabbing me from behind so hard that my drink flew all over his date,,anyway when he flung me around i knocked him to the floor and RAN,,this 350 lbs of pure muscle,,i weigh 170 ,,was on me ,,like you know what,,anyway two more hugh guys jump me,,grabed me ,,they were bouncers,,anyway the story got real twisted ..like i purposely through the drink on his girld friend and pushed him to the floor,,we r all out side now telling our side of the story,,i,m like no man ,,etc etc,,well you know who they blieved cause i could,nt get the girl to tell the truth,,she would,nt say a word,,i figure she wasnt gonna give him up over me,,anyway,,the bouncers call the cops and are holding me tell they get there,,so after awhile i calmed down ,,i mean who would,nt 2 hulks against me,,so a big mistake happened the one guy went back in,,and of course my wheels of FREEDOM kicked in,,and i,m saying no way i gonna go to jail,,so i attacked the bouncer knocked him off balance and booked!!just about then the cops are pulling up ,,yea,yea,,they kinda saw where i went called up back up ,,and with flashlights they found me hiding under a car,but again,,i knew i was wrong,,no law suit,,went to jail,,got out the next day,,called all my friends in high places,,cause i could,nt afford to come back to fla. to resolve this,,anyway all my friends managed to get this judge to hear this case in his chambers that monday morn,,it was just him and i,,i told the judge my story which was the truth,,and he had the police report and my 100 page rap sheet,,and he said ,,i tell you what ,,i gonna drop to drunk in public ,,200.00 fine,,and get the heck out of fla.now !,,I WAS GONE !!the other one was in calif..makin out in a pick up truck w/hot chick,,thats all you need to know ,,that ended peacefully..what i,m trin to say look you people if these stories are real you really need to get an internal investagation going,,try everything,,aclu//va,atrn gen,,us atrn gen,,justice dept.cause if to much goes uncheck then abuse of police powers only get worse,,and they r human and do make mistakes and its up to us the citisens of the consitution to see to it that it is enforced!!thats your right,,in closing i have had only one encounter w/amherst and that was here in lynchburg ,,they wanted to question me concerning a law breaker who lived in amhearst,,and knew that we knew each other and wanted info,,i invited them both into my home we sat at the kicthen table,,i offered them a drink ,,they say no,,we got down to business,,i had nothing to hide so i answered all their questions,,i even allowed them to walk around my place w/out a warrant..they were happy i was happy they left their card and i nevered heard or saw them again..they were very professional,,polite,,and days later they did make their arrest.
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Posted by ( sexymomma ) on August 19, 2008 at 8:11 am
damalama obviously has no idea what the system is all about or is part of the system…one of the two. Nowhere in the article does it say he was over the sobriety level or had coke in his system…just that it was a contributing factor. ASPHYXIA was the cause of death so read again damalama!! Maybe you should buy Mrs. Taylor a lottery ticket, or better yet, she should suit you for sayin she doesn’t love her son except for now that she has a very legitimate lawsuit against amherst county deputies. I have criminal family members all of whom I love dearly and am in constant contact with. Take that note in your little judement book damalama. Think before you speak on something you know nothing about.
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Posted by ( amy ) on August 19, 2008 at 6:08 am
Hey, damalama, where does it say he had cocaine in his system? IT DOESN’T! His heart was weak from cocaine abuse. That is no excuse to be treated like a robber when you’re just looking for a helping hand!
News and Advance, backed by their media mother, should sue White for access to this file. What’s she hiding?
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Posted by ( damalama ) on August 18, 2008 at 10:35 pm
families only love there criminal family memeber when a possible suit comes with the police. where was this undying love when this criminal has an obivious cocaine addiction, such a loving family just lets that go unchecked, i guess so?
he fought police, he was drunk, and on cocaine, sorry taylor family no mega millions for you. you have better luck spending a dollar of your own money and buying a lottery ticket. but instead you are going to cost tax payers money trying to get some money out of this with a stupid trial that is going to be found in the police’s favor.
if you had raised a law abiding decent human being for a son instead of one on cocaine, then this would have never happened. so i think instead the state of virginia should in turn sue you for your failure as parents.
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Posted by ( amy ) on August 18, 2008 at 7:07 pm
So, she had her mind made up in 2006?!!!!!
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Posted by ( amy ) on August 18, 2008 at 7:05 pm
Let’s just say, if the tables were turned and it was a cop that had died under similar circumstances, I’m sure she would’ve found enough cause to prosecute!
Sad that racism still strikes such a cord in this day and age! And I say that as a white woman recognizing it!!!
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Posted by ( sexymomma ) on August 18, 2008 at 6:12 pm
I personally have had no run-ins with the amherst county sheriff’s department, but I am related to a couple who have. As a matter of fact my brother caught his first charge because a cop was pulling him out of a lake by his coat while running from a DUI and the coat slipped off over my brother’s head causing the officer to fall backwards. Of course he got assault on a police officer and the DA made it stick. What bs!! I was constantly harrassed in high school because of who I was related to. Things like “Oh you’re trouble”, “I’m watching you, I know what you’re about”, and “I’ll see you as an adult, you’re just like your brothers” were commented toward me on a regular basis. Not to brag, but I was an Honor Student and have not recieved 1 charge to this day so all the cops who said that are eating their words. Amherst County police (and most other police) commit just as many if not more crimes than the general poublic…the only difference is they can make the evidence of their actions disappear. We don’t have access to evidence rooms. I am now studying criminal justice and believe me, as soon as I graduate and have the power to do so things will change!! Crooked cops won’t rule the cities forever.
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