Sichiro estate files wrongful death lawsuit
A civil rights lawsuit seeking unspecified damages was filed Thursday in U.S. District Court by attorneys representing the estate of a 39-year-old man whose death was ruled a homicide after he was beaten unconscious by Spokane County Jail corrections officers.
Benites S. Sichiro, who was delusional and suffering from alcohol withdrawal, died after being repeatedly Tasered and beaten by jailers, using their fists and knees, including a so-called “donkey kick,” on Jan. 29, 2006.
The federal wrongful death suit was filed after attorneys for Spokane County failed to respond to a $5 million damages claim filed last December by attorneys Brian Hipperson and Greg Devlin, both of Spokane.
The county, which is self-insured, is expected to hire a private attorney to defend itself in the suit.
The plaintiff is the dead man’s former wife, Menciana Meippen, who represents his estate and cares for Sichiro’s two surviving children.
Defendants in the suit include former Sheriff Mark Sterk and former jailer John C. Elam, who delivered the “donkey kick” to Sichiro after he reportedly failed to respond to orders from corrections deputies.
Other named defendants are jail employees Sharon M. Dunphy; Stephen L. Long; Edward J. Petrie; David L. Hatton; Wayne D. Mauer; Theodore R. Tofsrud; Gail J. Bass; Tim Christopherson; Michael D. Vanatta; Todd S. Belitz; and Matthew Milholland.
The suit accuses the county and its Sheriff’s Office, which runs the jail, of failing to adequately train and supervise its jail personnel and provide adequate medical care for inmates.
“The cruel, painful and preventable death of Benites Sichiro is yet another example of the excessive force and police brutality that results from the county’s failure to adequately train and supervise its personnel, as well as establishing a humane policy of responding to the medical needs of those individuals in custody,” the two attorneys said in a prepared statement.
The lawsuit was assigned to Judge Fred Van Sickle.
Such civil cases usually take a year or more to get to the trial stage or motion for dismissal, if an out-of-court settlement isn’t reached.
Sichiro was suffering from delirium tremens in his jail cell after being booked on charges of trespassing, obstruction of justice and fourth-degree assault. He also was under investigation for sexual assault of a child but had not been charged with that crime, authorities said.
“He was in desperate need of medical treatment on the day he died,” the attorneys’ statement said. “He had done nothing but ask for a drink of water when several jailers entered his cell.”
Sichiro fought with jailers on three occasions, according to investigative reports. During those struggles, jailers used Taser guns to electronically shock the inmate, and they also struck him with their fist and knees – including the maneuver known as the donkey kick.
Finally, after he was tied to a “restraint chair,” he lapsed into unconsciousness and couldn’t be revived by jail personnel, who summoned an ambulance. He later died at a hospital.
The donkey kick subsequently was banned as an acceptable control method used by Spokane County jailers.
After the inmate’s death, jail officials admitted Tasering Sichiro three times, but the suit said a more complete investigation now shows he was Tasered at least seven times.
“By the time emergency room physicians discovered that Sichiro was bleeding internally from this prolonged beating, including at least one vicious ‘donkey kick,’ it was too late to perform the surgery that was needed to save his life,” the attorneys’ statement said.
The medical examiner determined Sichiro suffered a lacerated liver and other internal injuries and ruled his death a homicide.
Elam, the jailer who delivered the donkey kick, was hired three weeks later to become a Spokane police officer – a job he held a brief time before being dismissed from the force.