A female driver who crashed while suffering a fatal brain hemorrhage was arrested at gunpoint and accused of being drunk or on drugs — then allegedly taunted and ignored by jail staff as she lay on the ground, unable to move for 24 hours, according to a lawsuit court.
Nicole McClure, 40, is suing Washington State Troopers and the Thurston County Jail, accusing staff of ignoring her symptoms and not getting her medical attention when her condition worsened in March 2022.
He ended up having to have part of his skull removed to relieve pressure on his brain from a frontal lobe subdural hematoma, according to the Seattle Times.
“Nicole was a hard-working young woman who will never be the same,” said her lawyer, Anne Vankirk.
“Nicole suffered a severe traumatic brain injury and is still unable to care for herself or engage with life in a meaningful way.
“Had Nicole received immediate medical attention, her condition would have been easier to treat and the outcome far worse.”
McClure had left work early on March 21, 2022, complaining of headaches and dizziness on March 21, 2022, according to the civil rights suit filed in Tacoma on February 1.
Dashcam footage captures Washington State Trooper Jonathan Barnes arresting Nicole McClure on March 21, 2022. Dubin Law Group
State Trooper Jonathan Barnes saw him driving at about 25 mph in a 40-mph zone while he also weaved in and out of his lane before he crashed into the circle, according to the report
Dashcam footage shows the trooper running to his car with a gun drawn, shouting, “Get out of the car! Get out of the car now!”
He accused her of resisting arrest – which she repeatedly denied in a bewildered tone – then pushed her onto the hood of his car to handcuff her, even accusing her of planning to use her keys as a weapon.
Barnes approached McClure’s wrecked vehicle with his gun drawn as he ordered him out with his hands raised. Dubin Law Group
“I didn’t know I was being recalled,” he told the trooper in a bemused tone.
“I don’t feel well,” he told Barnes and colleagues. “Please don’t catch me.”
After reading McClure his rights, Barnes asked: “How much alcohol did you drink tonight? When was the last time you had any?”
When he denied drinking, she asked: “Ma’am, when was the last time you used drugs? … What about heroin?”
Barnes arrested McClure on suspicion of drunken driving and felony eluding. Dubin Law Group
“I haven’t… I haven’t,” McClure replied, saying he was “confused,” “dizzy” and “very tired.”
Not believing him, the trooper told him he was also being arrested for DUI, saying: “All you told me was you were under the influence.”
“No, I’m just really tired,” McClure continued to insist.
Barnes then proceeded to arrest him on suspicion of drunken driving and felony eluding, stating in a probable cause affidavit that McClure had red eyes, a red face and slurred speech, according to The Olympian.
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But he never tested her for drugs or alcohol at the scene and didn’t call a doctor, even though her car was crushed in the crash. In his written report, he removed the section detailing the medical questions, writing instead: “Didn’t ask.”
Barnes took McClure to a nearby hospital to run blood tests for alcohol and drugs, which all came back negative, according to the suit.
McClure was then taken to the county jail, where guards taunted him, the suit alleges.
“Nicole remembers being laughed at and told she had to ‘There’s one more shot,'” Vankirk said.
McClure claims he now has irreversible brain damage. Dubin Law Group
“He was left with a worsening condition, and continued to call for help,” Vankirk said.
“He was found in a pool of his own urine almost a full day later.”
Two prison staff eventually helped McClure onto a crib in his cell after they realized he couldn’t stand, according to the lawsuit.
Later, when he began “vomiting uncontrollably,” McClure was moved to another cell and “forcibly changed” out of his clothes.
“A few hours later, a member of the prison’s medical team was called and they advised that he be taken to the hospital immediately,” the lawsuit said.
There, McClure underwent emergency brain surgery and had a large piece of his skull removed to relieve pressure on his brain and “save his remaining brain function,” according to Vankirk, who said he spent 17 days in the hospital.
He underwent emergency brain surgery and had a large piece of his skull removed to relieve pressure on his brain and “save his remaining brain function,” his lawyer said. Dubin Law Group
The Thurston County District Attorney’s Office confirmed receiving the lawsuit.
“While we cannot discuss the specifics of any pending litigation, I can confirm that the safety of inmates, staff and the public remains a priority for the Thurston County Correctional Facility,” spokeswoman Tara Tsehlana said in a statement.
Chris Loftis, director of communications for the Washington State Patrol, declined to answer any questions, saying the agency would not comment as a “matter of practice and policy.”
But he told the Seattle Times Barnes was not disciplined after the arrest, noting that at the time, pointing a gun at someone was not considered a use of force.
That policy changed later that year, he said.
With Postal wire.
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Source: thtrangdai.edu.vn/en/
