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Inmate paralyzed in what report says is “an unfornate accident”
Inmate paralyzed in what report says is "an unfornate accident"
KENOSHA COUNTY (WITI) -- A Kenosha County inmate is paralyzed. After an investigation by Racine County authorities, the incident is ruled "an unfortunate accident." But the inmate's attorney says what is really unfortunate is the negligence shown by the correctional staff.
21-year-old Sean Bialas is now a quadriplegic. It's because of an incident that happened in a Kenosha County jail cell in November 2014. In the early hours of November 7th, Kenosha County correctional workers dragged the limp body of Bialas from his cell. Three months later, Bialas is out of the hospital, but far from well.
"He's a quadriplegic at this point, very severe injuries," said Jonathan Safran, Bialas' attorney.
Safran says it's hard to watch the video because during that struggle, Bialas' neck was broken in several places leaving him unable to move -- something you can hear him saying in the video recorded in November.
"He thinks maybe they came on top of his head or neck but there had to have been a huge amount of force to cause that kind of injury for a guy that's only 21 years old," said Safran.
The Racine County Sheriff's Office led the investigation into what happened that morning at the Kenosha County Detection Center. According to its report, jail staff went to Bialas' cell after he 'threatened to harm himself.' Bialas refused to be placed in a restraint chair or wear a suicide-prevention vest.
"The jail staff is required by law and by policy and just by human nature to not let someone hurt themselves. It's unfortunate that's what happened in this situation," said Capt. Robert Hallisy of the Kenosha County Sheriff's Department.
You cannot see Bialas once the officers go in the cell. But you can hear an officer's orders followed by Bialas saying, "I can't move nothing."
Based on interviews with the jail staff and other inmates, Racine County investigators concluded "there is no basis to believe that excessive force was utilized."
"I think the Racine investigation showed clearly that this was an unfortunate, freak injury to a trained, appropriate technique that the State of Wisconsin has trained us," said Hallisy.
"It is an unfortunate incident; my concern is whether it's an accident or not," said Safran.
The Kenosha County Sheriff's Office says jail staff receives cell extraction training annually. Safran is concerned that four of the six officers involved that morning were making either their first or second career cell entries.
"There had to be at least some kind of negligence that occurred; these extractions are done, I wouldn't say routinely, but at least a significant number of them without these kinds of injuries," said Safran.
Bialas had been awaiting sentencing on charges of disorderly conduct, taking a vehicle without consent and bail jumping. However, the district attorney dropped all of those charges in December. A spokesman for the district attorney says it concluded the best thing for Bialas was to let him get the treatment he needs going forward.
Safran says he hopes the district attorney will consider criminal charges against the staff. If that doesn't happen, Safran says he will reach out to the U.S. Attorney's Office.
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