Amherst County sheriff dismissed from wrongful-death case

By Chris Dumond

Published: July 19, 2008

Claims that Amherst County Sheriff Jimmy Ayers helped cover up the suffocation of a man in deputies’ custody in 2005 have been dismissed by a federal judge.

The claims were dismissed because a lawyer for the dead man’s mother failed to show that any civil rights were violated even if the claims were true, according to a June order.

Claims were also dropped this month against one of the five deputies involved in the man’s arrest and slaying.

Sanchez Jarkel Taylor, 28, suffocated from police restraint on June 16, 2005, while in the custody of deputies Debbie Tinnell, Daren Givens, Brian Drewry, D.K. Dodson and Betty Wise, according to a $15 million lawsuit filed last year in U.S. District Court in Lynchburg by Melva Davis, Taylor’s mother.

Taylor’s death was ruled a homicide, with cocaine abuse and heart disease listed as contributing factors.

His family says his car broke down on U.S. 29 that day and that he went to a local welding shop for help.

The sheriff’s office, at the time, said they arrested Taylor as he tried to break into the shop and that he had to be restrained because he struggled too much.

Deputy Wise was dismissed from the case at the request of Taylor’s mother. Lawyers representing the family did not explain why they asked for her to be released from the case.

According to the lawsuit, Wise did not become involved in Taylor’s restraint until the other four had tackled him, cuffed him and hogtied him on top of a metal rack outside the welding shop. The suit states that Wise took over holding the man’s legs close to the time other deputies noticed Taylor had stopped breathing.

Judge Norman Moon’s dismissal of claims against the sheriff marks the second time Ayers has been dismissed from the case.

The sheriff said this week that he has been advised by his attorney not to comment about the case until its conclusion.

Taylor’s family claimed the sheriff tried to convince doctors to reconsider homicide as the cause of death, and that he conspired with his deputies and the state police to conduct the investigation in a way to hamper criminal prosecution of those involved in Taylor’s death.

“Plaintiff must identify an underlying constitutional or federal right that was violated as a direct result of the conspiracy,” Moon wrote in his order. “Plaintiff has not identified any such right; therefore, Defendants’ motion (to dismiss) will be granted.”

The judge wrote, however, that if the allegations were true, they may “constitute serious moral and ethical transgressions and might violate statues governing police conduct.” Dr. David Cresson, the Lynchburg pathologist who signed Taylor’s death certificate, has said the allegations are untrue. Dr. Gregory Wanger, who conducted the autopsy, refused to answer any questions when contacted in April.

The Virginia State Police have repeatedly stated only that their independent investigation has long since concluded and that all information has been turned over to Halifax Commonwealth’s Attorney Kim White for consideration.

White was appointed as a special prosecutor to avoid any conflict of interest on the part of Amherst County Commonwealth’s Attorney Stephanie Maddox.

White, who worked with Maddox in the Lynchburg Commonwealth’s Attorney’s Office from March 1994 to August 1997, had not reached an official decision as to whether to charge the deputies as of January.

White has since refused to acknowledge inquiries about the status of the case. She has not returned calls or e-mail messages and has refused to provide The News & Advance access to the case file, citing freedom of information act exemptions.

However, White gave Arelia Langhorne access to the file, including information from the Amherst County Sheriff’s Office and Virginia State Police investigations, before Langhorne filed the wrongful death lawsuit on behalf of the dead man’s mother.

Last month, White provided a full copy of the case to the lawyers under court order. The contents of the file have still not been made public.

A trial as to the claims against the remaining four deputies is scheduled for Sept. 15 through Sept. 19.