Chalfant rules no criminal charges in death of inmate held in Jackson County Jail padded cell for 20 days refusing food and liquids

Joshua McLemore died in August after weeks in a padded cell in the Jackson County Jail. A prosecutor declined to bring charges against jail staff but concluded McLemore "most likely died due to a prolonged lack of attention" from jail staff.

SEYMOUR — Jackson County Prosecutor Jeffrey A. Chalfant has found that no crimes were committed by Jackson County Jail employees after the death of inmate Joshua A. McLemore, who died of multiple organ failure after refusing to eat or drink for days, without being taken for medical attention.

McLemore, 29, had listed a Clifty Lane apartment address in Columbus during an arrest in Bartholomew County in 2021.

An Indiana State Police investigation shows Seymour police picked up McLemore on July 20, 2021 after a 911 call was made about him being found naked and incoherent in an apartment in Seymour. When McLemore was taken to Schneck Medical Center for evaluation, he was accused of assaulting one of the nurses that was treating him, state police said.

As a result of that, McLemore was arrested for battery, although officers noticed his behavior was erratic, and twice during his transport to the jail, he damaged a police car. When McLemore arrived at the jail, state police said he was not fingerprinted, photographed or asked any book-in or medical questions, with video showing him being taken directly to “Padded Cell 7.” State police noted there was no followup to photograph, fingerprint or check the medical book-in questions.

On Aug. 8, 2021, McLemore was taken back to Schneck because jail staff was concerned for his health, state police said. During that 20-day jail incarceration, McLemore remained naked in the padded cell,  unable to dress himself or allow jail staff to dress him. According to state police, jail staff said McLemore rarely ate, slept, or drank. State police estimated from jail video that McLemore slept for about 15 hours of his 20-day incarderation.

When food was offered through a tray pass in the cell door, those that he did not pick up were taken away. State police said their investigation showed that McLemore would usually destroy the bags and dump food on the cell floor and that he lost nearly 45 pounds during his incarceration.

The state police video review of the cell shows McLemore received about 19 drinks during his incarceration, usually in Styrofoam cups or Gatorade bottles, and most of them were purposefully spilled on himself or the cell floor. “The drinks would mix on the floor with the food trash and his urine, causing the cell to be in a constant state of disarray,” the state police said.

During his stay at the jail, McLemore was at one point put in a straitjacket due to his erratic and self-harming behavior, state police said. He was taken out of his cell three times for the cell to be cleaned. According to the state police report, McLemore’s cell had a restroom attached to it, through a locked door, which jail staff said is unlocked at the inmate’s request to use the restroom or shower.

State police said McLemore did not ever ask for access to the restroom or shower. He was given access to the restroom on one occasion during his 20-day incarceration for a few hours, however he did not use it. The investigation indicated McLemore frequently urinated in his cell, and video shows that he remained naked in the cell during that time.

McLemore did not have contact with any other inmates during his incarceration and did not ask to make any phone calls or video calls, state police said. He had no visits from friends or family while incarcerated.

After 20 days, jail staff believed McLemore was “not well” and requested an ambulance to take him to Schneck, and then to Mercy West Hospital in Cincinnati due to his medical issues being “critical.”

He died there after McLemore’s mother told medical officials he would not want to pursue further agressive measures and would desire withdrawal of care. He was pronounced dead on Aug. 10, 2021.

An autopsy report states McLemore’s cause of death is multiple organ failure for days, refusal to eat or drink with altered mental status for days, unrelated schizophrenia (for months) and a contributing history of methamphetmine withdrawal.

State police investigators told Chalfant that no single person committed an act or omission that constituted a crime and that “Mr. McLemore most likely died due to a prolonged lack of attention by Jackson Jail staff as a group,” the state police report states.

The report states that because jail staff employees only monitored the cell blocks, including McLemore’s cell, for four-hour blocks of time, individual employees did not realize that McLemore never asked to use the bathroom or that he rarely ate or drank.

According to Chalfant’s ruling, “The Indiana State Police investigation did not uncover any evidence indicating that Mr. McLemore was knowingly or intentionally killed by another person, nor any evidence that his death was caused by a knowing, intentional or reckless act. Therefore, there is no evidence that Mr. McLemore was the victim of murder, voluntary manslaughter, involuntary manslaughter or reckless homicide.”

According to Chalfant, “intentional,” “knowing,” and “reckless” culpability are very different from the civil concept of “negligence.” In the report, Chalfant said “negligence” is essentially a breach of a reasonable duty of care owned by a person or entity to another person.”

According to Chalfant’s statement, “During his stay in the jail, jail staff did periodically observe Mr. McLemore and did note that he was not eating, that his cell was a mess, that he was dirty, that he was largely non-responsive when they spoke to him. Jail staff did not connect this information together and infer that Mr. McLemore needed medical attention.”

Chalfant’s statement continues, “Whether a person or entity had a duty of reasonable care towards a person, and if that care was sufficient or a breach of that duty of reasonable care are matters of civil law and not criminal law. The Jackson County Prosecutor agrees with the Indiana State Police investigator that there was no evidence of a knowing, intentional, or reckless act. The Jackson County Prosecutor also agrees with the Indiana State Police investigator that no single person committed an act or omission that constituted a crime, and that Mr. McLemore most likely died due to a prolonged lack of attention by Jackson County Jail staff as a group.”

For more on this story, see Friday’s Republic.