Questions surround death of man while in Calhoun County jail
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DEATH IN CALHOUN COUNTY
Michael Jason Rivera, 25, of Port Lavaca, was arrested on suspicion of possession of less than 2 ounces of marijuana at 8:30 p.m. Wednesday. Overnight, he became ill while in jail and was pronounced dead at ...
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DEATH IN CALHOUN COUNTY
Michael Jason Rivera, 25, of Port Lavaca, was arrested on suspicion of possession of less than 2 ounces of marijuana at 8:30 p.m. Wednesday. Overnight, he became ill while in jail and was pronounced dead at 7:40 a.m. at Memorial Medical Center.
PORT LAVACA - The family of a man who died after he was taken to the Calhoun County Jail questioned what happened in the hours leading to his death.
How did 25-year-old Michael Jason Rivera die?
Why wasn't the family told when he was rushed from the jail to Memorial Medical Center?
Why was the car they believe was being driven by one of Rivera's friends pulled over in the first place?
Law enforcement doesn't yet know the answers to many of these questions.
Rivera lived with his grandparents, Eloy and Lupe Rivera, in their tidy home in the 1600 block of Holloman Drive. The 25-year-old was a new father and spent part of Wednesday afternoon chatting about his job hunt with his grandfather.
Peeking down the road, it's possible to see the spot where Rivera and three friends were arrested about 8:30 p.m. Wednesday.
The names of the other three men have not been released by the Calhoun County Sheriff's Office or the Port Lavaca Police Department. Both departments said Texas Ranger Tony DeLuna is investigating the case. DeLuna could not be reached by phone Friday.
Rivera called his grandmother about 9:30 p.m. to tell her about the arrest, she said. He told her he was fine, and would be confined for about three days because police suspected him of possession of less than 2 ounces of marijuana. He left two messages for his brother, Chris Garcia, about 9:30 p.m. and midnight.
He spoke with his grandmother again, about 2:57 a.m.
"He just told me to tell his brother to get some money and get him out," Lupe Rivera said. Even then, her grandson sounded normal, she said.
Sometime after that call, Rivera and one of the men he was arrested with became ill, Sheriff B.B. Browning said.
Justice of the Peace James W. Duckett pronounced Rivera dead at 7:40 a.m. Thursday. The 17-year-old, who was also taken to the Memorial Medical Center in Port Lavaca, remains in the intensive care unit.
Browning and his chief deputy came to the Riveras' house after 9 a.m. Thursday, Eloy Rivera said. That was the first they heard of their grandson being ill. His body was already on its way to the Travis County Medical Examiner's office, where an autopsy was performed Friday.
After the sheriff left, Eloy Rivera repeated everything that had been said to his wife, whose hearing aids did not pick up the conversation.
The cause and manner of death are pending toxicology results, according to a preliminary autopsy report.
A likely theory is Rivera and the other man swallowed drugs to avoid being arrested with them, Police Chief John Stewart said.
The men were all arrested on suspicion of possession of marijuana and police found what they think is ecstasy in the car, Stewart said.
"We don't know what happened," Stewart said. "I think that's a good guess. It happens occasionally."
His mother, Linda Rivera, said she looked at his blood tests from the hospital and her son tested positive for marijuana and a small amount of cocaine. She did not see positive results for ecstasy, she said.
As law enforcement investigates Rivera's death, the family remembers him as a creative, happy-go-lucky man.
Rivera wrote poetry and rapped about the events in his life, his mother, who lives in San Antonio, said. Friends encouraged him to try to go pro.
"He said, 'I want to do it from my heart. I don't want to make money off of it,'" she said.
Last weekend, he was the best man in his brother's wedding. Friday, Chris Rivera was helping a friend order T-shirts as a tribute to his brother.
Comments
Oh and read article 2.135. The department must notify that they cannot afford such equipment? I'm not sure it's a bunch of legal jargon.JK LOL. Keep reading.
November 5, 2009 at 10:41 p.m.... about marring the name of law enforcement, I don't have to. Open your eyes. Port Lavaca is the most corrupt town around. Every citizen in town says so. Victoria used to be the same way until Sheriff O'Conner took office. It took a few lawsuits to get that rolling though. It's only fact.
November 5, 2009 at 10:31 p.m.I believe that the cameras being installed in the police cars is a local policy and that is because of the grant money that is promised for the installation of those cameras since each local entity is required to adopt and "legislate" a policy. Im going to check with the local police tomorrow or monday. I'll see what they have to say. I do believe every city in Texas has adopted a policy. At least every city that wants that grant money.
November 5, 2009 at 10:26 p.m.John123,
Your link doesn't seem to be working, at least not for me. But are you referring to CCP Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
Anotherconcernedcitizen is plain wrong. The law does not state anything of the sort he/she is attempting to claim.
It states that Agencies adopting a policy as outlined in an above section must study the FEASIBILITY of installing cameras in all Units used to regularly conduct traffic stops. For VPD this would mean only the traffic division, not patrol, even though patrol does do traffic stops as well.
The only thing REQUIRED is that they look into installing cameras, not that they are required to have cameras.
Another thing REQUIRED is that if they do have cameras, that there must be a policy to review any videos that result. Again, Videos are not required but if they do have them, they are required to review them.
The final REQUIREMENT, is that if there is a complaint, any videos of that stop that exist, must be turned over to the investigating agency. Again no requirement that the videos must exist, only that they be turned over if they do.
AnotherCC, how about you stop misleading the public and stop trying to mar the name of law enforcement.
November 5, 2009 at 4:10 p.m.Wow, another kid dies for the "greater good."
Heckuva job drug warriors! Pat yourselves on the back!
November 5, 2009 at 3:46 p.m.http://documents.rowlett.com/Police/1...
CCP. Look over it when you get a chance.
November 5, 2009 at 3:38 p.m.It happens. And by the way it's not against the law.
November 5, 2009 at 3:26 p.m....And I don't think people swallow narcotics regularly when they get stopped, John. Did they swllow the marijauna. LOL Like the movie Super Troopers, maybe next time they'll make them eat the whole bag. They weren't charged with possession of controlled substance ie: methyldeoxymethamphetamine (MDMA or extasy)were they? Did I spell it right? Probably because there wasn't any in the car at the time of arrest. But where did the police chief get it? The evidence room? I think we need some kind of accountability for the drugs in the evidence room.
November 5, 2009 at 2:26 p.m.You're right its libel. My mistake. I couldn't sleep last night knowing I spelled it wrong.
November 5, 2009 at 2:16 p.m.Yes the law was inacted in 2002 and it goes for every stop. The police are violating the law when the cameras are not on. Usually because they are doing something out of protocol deliberately. It was originally for racial profiling.
November 5, 2009 at 2:15 p.m.People swallow narcotics regularly when the police stop them.
There is no law that the "cameras" have to be on.
November 4, 2009 at 6:33 p.m.anotherconcernedcitizen can you say "libel?" and spell it correctly this time? You got on victorianbybirth for using liable, but it seems for a communications major you still have a lot to learn.
November 4, 2009 at 6:30 p.m.I have been witness to events in Port Lavaca that the police and others involved with them and their fake justice system have done that have broken nearly every law and amendment to the Constitution (as well as article 3 of the Constitution) that I could think of including: kidnapping for coersion purposes, drug dealing, drug buying, blackmail, conspiracy, tampering with evidence, assault, disorderly conduct, public intoxication, racketeering, maybe prostitution (depending how you look at it), extortion, especially perjury, and so many other things that I don't have time to type them. I am a Communication major (two semesters left) and this isn't lible because I do have direct knowledge of all of these things except of course murder, but: someone, and I would say a reliable source, (an attorney) did tell me who was responsible for deaths that have autopsies pending that will all be ruled overdoses unless someone does something about it.
November 4, 2009 at 6:12 p.m.Did you mean lible or liable? If you ment lible, its not. I have direct knowledge. If you mean liable then yes they are going to be liable for the death. They'll be liable because at no time before the subject is searched, and searched thoroughly, are they ever allowed to get out of the sight of someone. Also the cameras, by law, have to be rolling on every stop as a result of the racial profiling laws that went into effect in 2002. As soon as the subject is in the jail, they are strip searched. This being said, at no point was either subject witnessed eating drugs and therefore it was probably impossible to do under constant supervision, unless they are masters at slight of hand tricks. Maybe these people also had direct knowledge of some kind of illegal activity, like I do, that the police are involved in. Perhaps drugs? I think we need to get Anderson Cooper down here in Texas again to do a follow up on small town crruption.
November 4, 2009 at 5:53 p.m.Hmmmmmm...can you say liable?
November 3, 2009 at 7:46 p.m.I find it funny that there was an article written about in the Victoria Advocate but no mention of it in the Port Lavaca Wave, the city where it actually took place. Sounds like someone didn't want the story to get out. A death in the Calhoun County jail isn't worthy of note in the local paper? Hmmmm?
November 3, 2009 at 5:51 p.m.It sounds like a cover up to me already from the start.
November 3, 2009 at 4:51 p.m.This comment was removed by the site staff for violation of the usage agreement.
November 3, 2009 at 4:36 p.m.to mg361 in regards to your opinion of calhoun county jail. the jail is run by texas jail commission rules all texas jails are run by the jail commission.there is no civil law suit here. the boy or should i say boys, were dumb enough to swollowed, smoked the drugs, thinking by doing this they would not get caught with any more drugs on them, and it cost the one boy his life , it was the wrong choice by all the boys. by the way the officers nor the jailers begged them boys to take them drugs.nor did the officers or jailers know they had taken or had swollowed any drugs. yes i feel for the family in the loss of there son/grandson my prayers go out to them. but he was a young man that made a bad choice that night.
September 22, 2009 at 8:11 p.m.Victorian
September 21, 2009 at 2:04 p.m.Thanks for that educational info, Any one, or a combination of, will kill you in high quantities.
ecstasy is not cocaine
September 21, 2009 at 1:20 a.m.A partial list of substances known to have been detected in "Ecstasy" tablets includes:
MDA, MDMA, MDEA, MBDB, MDOH
September 20, 2009 at 11:22 p.m.Methylone, ethylone, butylone
Amphetamine, methamphetamine
Ephedrine, pseudoephedrine, phenylpropanolamine
4-MTA, PMA, PMMA, PMEA, mephedrone, methedrine
BZP, TFMPP, DBZP, MBZP, mCPP, MDBZP, meOPP, pFPP
2C-B, 2C-E, 2C-I, 2C-T-2, 2C-T-7, 5-MeO-DiPT, AMT
Dextromethorphan, ketamine
Paracetmol, caffeine
Certain other agents such as cocaine and heroin are rarely, if ever found in such tablets.
I theorize that they swallowed the drugs in plastic bags and were to dumb to realize it would kill them, they were locked up and having second thoughts, called relatives to come get them out so they could try and save their kesters. I predict cardiac arrest for the one who died. I have no idea what is in ectasy, assuming it is cocaine.
September 20, 2009 at 11:13 p.m.I also don't think ecstasy is the chemical name for the drug so if that is what she was looking for she wouldn't have seen it. Why would they print any "lab results" in the article that weren't read by a professional? But then again, why would they print this story in this fashion to begin with? When the official toxicology report is released after being read by a professional, will the VA run a follow up story? I won't hold my breath.
September 20, 2009 at 5:07 p.m.Look at this:
"His mother, Linda Rivera, said she looked at his blood tests from the hospital and her son tested positive for marijuana and a small amount of cocaine. She did not see positive results for ecstasy, she said"
A BLATANT misrepresentation.
I am in the medical profession...NO intial tox screen will show ANY ratio of drugs (small, large, etc.) it will just show a presence...the ratio exam (grams per mLL of blood) takes WEEKS to return...without exception. "small amount of cocaine?"...an initial return would be "cocaine", or "cannibanoid" period, NO way to tell how much...not til the full toxicology report returns.
It says the Texas Rangers are involved? They will find the truth. For the Advocate to print an inflammatory article such as this, knowing law enforcement can't say what they actually KNOW, until the investigation is finished, is grediously irresponsible....of COURSE the victim's family is going to blame law enforcement and portray the victim as an angel...
Scores of people are arrested daily that don't die or become ill in jail after arrest on a traffic stop, in facilities all over Texas...so when a couple of people from the same car, arrested for possession of drugs, get sick and have to be taken to the hospital, it has to be the cop's fault, right???? ...not that the occupants of the car might have tried to swallow evidence, and it turned out to be a fatal mistake...right????
In this day and age, it is normal for people to open their mouths and betray their prejucice before they have enough information to make an educated statement...I can give a free pass to the "bloggers" who try to make an argument, they don't know any better...as for the "reporter" who wrote this tabloid crap article, knowing the slant of the story portrays the police the bad guy and the dope user the good guy, regardless of the facts, there is no excuse....
Isn't the Advocate the same paper that, maybe year ago, criticized law enforcement for not letting a "poor widow get her car out of impound" after her husband's death, and shortly after that story, it was proved she mercilessly clubbed her husband to death while he slept???????
Victoria Advocate editors, please train your journalists to report like journalists, not like tabloid reporters. Do editors not edit?????
This is another example of an unfortunate incident of people making bad choices and it costing them dearly.
Note to self....Cops bad...Drug Users, good....I have to remember that in the future....
September 20, 2009 at 1:37 a.m.Well Robert, he did not die from eating some pot. That's for sure.
September 19, 2009 at 6:38 p.m.Wait for it RU............ it's a race thing!!!!
Where is joethejerk anyway? I thought he'd be all over this saying "If he was white" or some such nonsense.
"If he was white he wouldn't have ate the drugs, the Calhoun police are prejudice, they forced him to eat his drugs, because all minorities get beat up and stiffer sentences than white people"
Just my guess as to what he would say, go ahead and delete it VA.
September 19, 2009 at 6:33 p.m.he had less than 2 oz. ??????????
give me a break. give him a ticket and send him on his way.
September 19, 2009 at 6:30 p.m.I also don't get where speechfree is coming up with him being brutalized. I'm sure, the way this story is written, if there was even a bruise on him, it would be clearly stated in the story. speechfree has obviously been to a reeducation camp & graduated valedictorian.
September 19, 2009 at 5:30 p.m.Hmmm, I thought every one that is arrested goes in the "drunk tank" at first, right in front of the jailers, after the arresties (is that a word?) have made their phone calls and they are not getting out, then they are moved to a dorm type cell (with lots of other offenders in it).
The only ones, I think, that get their own cells are the suicidal or mental offenders, where they are monitored.
If it was X the guy swallowed, I am sure he knew what one tab would do to him, multiply that by how many he "swallowed". If it was crack, every single molecule of it is absorbed by his intestines ( he can't breath out the smoke like if he smoked it).
The point is, the guy deals the stuff, or uses it, he should have known what it does to his body. His own Da^% fault.
September 19, 2009 at 4:55 p.m.I didn't realize one needed to detox off of weed. I know many drunks who have been tossed in a cell without monitoring, if one is truly an alcoholic one would need to detox safely, but not marijuana. If they ingested drugs to hide them from the law, they have no one to blame but themselves. If they revealed what they had done & the police ignored them then that's another thing. People need to stop blaming others for their own stupid decisions.
September 19, 2009 at 2 p.m.The Calhoun County Jail staff should have done a medical evaluation on this young man. If he was arrested on suspicion of possession of marijuana THEN THAT MEANS THERE WAS REASON TO BELIEVE HE WAS SMOKING IT. I thought when a offender is detained the facility he/she is taken to is required to do a medical screening during the intake process. At that time the person that was responsible for the intake should have referred this young man to medical for medical clearance. The nurse working should have placed him in a detoxification cell. THE TX COMMISSION ON JAIL STANDARDS STATES "INMATES CONFINED IN A HOLDING CELL OR DETOXIFICATION CELL SHALL BE OBSERVED BY FACILITY PERSONNEL AT INTERVALS NOT TO EXCEED 30 MINUTES". So was he put in a detoxification cell? If not, why wasn't he put in a detoxification cell? If he was placed in one, was he being properly observed? These are all questions and concerns the family should address with the Calhoun County Jail. I would also contact the Texas Attorney Generals Office & file a civil complaint against the county jail. Seems Calhoun County Jail staff was not following guideline or ethics!
September 19, 2009 at 1:18 p.m.It is not hard to figure out how these two men became ill after being arrested for possession, but we will wait for the official toxicology reports...
September 19, 2009 at 12:15 a.m.The young man's autopsy should be conducted by both a public pathologist an a independent one. If it turns out he was denied medical care or brutalized the matter should be quickly referred to an independent prosecutor to avoid the appearance of a cover up.
September 18, 2009 at 8:43 p.m.