Politics & Government

Sheriff: Attorney Trying to 'Strong Arm' County in In-Custody Death of Inmate

Attorney said he offered to settle case for $25 million to $30 million before filing lawsuit.

Macomb County Executive Mark Hackel said Thursday the attorney representing the family of a man who reportedly died of prescription drug withdrawal while in custody at the county jail last year was trying to “strong arm” the county out of $25 million to $30 million to settle a federal lawsuit filed in the case.

Speaking at a news conference, Hackel said attorney Robert Ihrie was “irresponsible” in allegations against the county, the jail staff and the medical and mental health care provider, Correct Care, all named as defendants in a federal lawsuit filed in March, according to media reports.

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Ihrie told the Detroit Free Press that while it is “a high emotion case” and that Hackel made a “rather aggressive statement, I certainly allow people in Mr. Hackel’s position to have some leeway with respect to their opinions.”

He said the family of David Stojcevski, 32, of Roseville, who died in custody 16 days into a 30-day jail sentence for failure to appear on a traffic citation, tried to avoid litigation.

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Ihrie reportedly proposed a multimillion dollar settlement to the county’s lawyers before filing the lawsuit in U.S. District Court in March.

“He said ‘This is going to be a media spectacle,’” Hackel said of Ihrie’s offer. “Obviously, he made good on his promise.”

Hackel, a former sheriff, made his comments at a news conference with Macomb County Sheriff Anthony Wickersham and deputies.

Stojcevski, who reportedly lost 50 pounds while in custody in June 2014, was under constant video surveillance and was seen naked and lying on the floor of the cell in videos that were released to WDIV-TV. He was rushed to a Mount Clemens hospital when authorities discovered him respiratory distress, and he died 90 minutes later.

Neither Hackel nor Wickersham has watched the entire 240 hours of video captured during Stojcevski’s incarceration, but Hackel said the WDIV report was based on only 0.21 percent of the footage.

The county executive also said that jail staff checked on Stojcevskii’s welfare numerous times and kept the Correct Care, which makes determinations on whether inmates should be hospitalized, on his condition. A corrections officer began CPR within 30 seconds of noticing Stojcevski was no longer breathing, Hackel said.

Inmates in the mental health unit are given a gown to wear and a bunk to sleep on, but they’re not forced to use them, Hackel said. Additionally, he said, numerous inmates in the jail have mental health or substance abuse problems. While county officials are concerned about the care inmates receive, the county is not “gonna be a punching bag,” Hackel said.

The Federal Bureau of Investigation is reviewing the case, which Wickersham said he welcomes.

Ihrie reportedly sent a text message to Hackel Thursday seeking to settle the case.

“We still remain willing to talk about this case privately to see if a resolution can be reached and the matter resolved,” he wrote. “I have no interest in embarrassing anybody. I tried to avoid that from the beginning. Perhaps it is a good idea to talk, even at this point. I trust that rational minds can come to a rational decision on this case.”

Hackel said he will advise the county’s lawyers and insurance companies against settling the lawsuit.

The lawsuit itself seeks more than $75,000 in actual damages, plus punitive damages. The Free Press said Ihrie confirmed that he asked for the $25 million to $30 million figure in his settlement offer.

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