In rural Colorado, a tragic incident unfolded as a 69-year-old man, Michael Burch, slowly suffocated to death in a county jail after suffering from broken ribs. This followed an altercation with a deputy, during which a Taser was used. Despite the severity of his injuries, Burch was left without medical attention for a week. A lawsuit was announced on Thursday, revealing that his death in 2023 was classified as a homicide.
The lawsuit casts a damning light on the decision of prosecutors not to bring charges against the deputy involved, who was deemed to have acted in self-defense. According to District Attorney Henry Solano, this justification stemmed from self-defense laws. The autopsy on Burch revealed the breaking of six ribs and a collapsed lung. Tragically, instead of being hospitalized, Burch was moved to another cell, where he was discovered dead a week later.
“Breathing became agonizing for Mr. Burch as his fractured ribs pierced through his organs, resulting in a non-functional right lung,” stated attorneys representing Burch’s estate in the federal suit. The defendants targeted in the lawsuit comprise the Huerfano County commissioners, sheriff’s department, individual officials, paramedics, the hospital involved, nurses, and the organization providing healthcare to inmates.
The legal action accuses these parties of causing Burch’s lethal injuries and failing to provide necessary treatment, thus infringing upon his constitutional rights. Attorney Eric Ziporin, representing the county and sheriff’s office, along with representatives from the hospital and healthcare provider, refrained from commenting on the case.
Qusair Mohamedbhai, one of the legal representatives for Burch’s family, spoke of the strained relationship between Burch and his children due to his mental health issues. Nonetheless, aspirations remained for Burch to bond with his grandchildren, a chance now lost. The agony of his last days continues to haunt his family. “This conduct is reminiscent of Gulag-era brutality and is intolerable,” Mohamedbhai remarked.
The incident began when Burch, a former California prison guard, refused to let go of a pencil. A deputy’s warning to “Drop it or we’ll drop you” was captured on body camera footage. Subsequent footage reveals Burch charging at the deputy following the use of a Taser, leading to a scuffle near a steel bench, which reportedly caused Burch’s rib injuries.
Burch was taken into custody on March 25, 2023, after a streak of erratic behavior that included him approaching strangers with a rubber mallet. The lawsuit alleges that his mental state was not assessed upon his jail arrival, though a sheriff’s officer signaled his instability after his confrontation days later.
During their encounter, the deputy restrained Burch with a knee, and despite Burch claiming his ribs were crushed and pleading for hospital care, the suit charges that paramedics failed to properly examine his chest. Although video shows a paramedic briefly raising his shirt, no formal assessment like listening to lung function or taking vital signs occurred. On April 1, 2023, Burch informed a sheriff’s captain of barely surviving the previous night. However, an outsourced nurse assessment, conducted remotely, neglected a physical examination of his chest, the lawsuit claims.
Tragically, Burch was discovered lifeless three days after this video assessment, lying on the concrete floor of his cell.