Malcolm James Death: Racine Sheriff Releases Jail Video

RACINE COUNTY, WI — The Racine County Sheriff's Office unexpectedly released a video of events leading up to the death of Malcolm James in jail custody — a death that James' family attorney is now calling "homicide," according to a WISN 12 report.

The video was posted Wednesday hours after James' family lawyer told WISN that the death should be considered a homicide. Kevin O’Connor said an independent autopsy from an unnamed pathologist found numerous stun-gun punctures, lacerations and other injuries across James' body, but no head injuries consistent with claims from the sheriff's office.

James’ family and attorney did not immediately respond to Patch’s request for comment.

The Racine County Sheriff's Office said that James had a mental health crisis, causing him to hit his head against the walls of his cell, resulting in injuries that led to James' death.

The new video showed James hitting his head against the wall and jail staff members talking to him through the door. It ended before jail staff members enter James' cell.

The Sheriff's Office said that its staff attempted to stop James from hitting his head, which led to a fight between staff members and James. Staff members used physical force in the fight, as well as a stun gun, the sheriff’s office said. Following staff intervention, James became unconscious and was later pronounced dead, according to the sheriff’s office.

Racine County Sheriff Christopher Schmaling admitted in the new video that staff members used a stun gun against James prior to his death, but asserted that it had nothing to do with James’ death.

“You are welcome to do your own research into the non-lethality of Taser, or contact the subject matter experts themself at Taser,” the sheriff’s office tweeted.

Axon, the producer of Taser, told Patch that, "Although individuals have died 'following' encounters with police or corrections officers in which a TASER energy weapon was used, that does not mean the individual died 'as a result of' the TASER energy weapon use."

The company said the deaths associated with its stun-guns are due to usage that the company cautions against. Deaths associated with Taser involve flammable substances or scenarios where the subject could fall from a high place, according to Axon.

A final autopsy and toxicology report from the Kenosha County Sheriff's Department review is pending.

James was arrested on May 29 and died in custody on June 1, the sheriff's office said.

James’ death came only days after the separate death of a man in custody at the Racine County Jail. Ronquale Ditello-Scott Jr. was arrested on May 29 but died only hours after he was taken into custody, the sheriff's office reported.

Sheriff's staff members found Ditello-Scott in his cell not breathing and attempted to revive him unsuccessfully, the sheriff’s office said.

The Kenosha County Sheriff's Department is investigating both deaths with its own autopsy and toxicology reports still in progress. All jail staff members involved in the deaths have been placed on administrative leave, the Racine County Sheriff’s Office said.

“The Racine County Sheriff’s Office does not want to interfere in these independent investigations,” it said.

View further statements on the death of Malcolm on the Racine County Sheriff's Office Facebook page.