Harrison Co., Ind. (WHAS11) -- Jerod Draper, his family says, is part of an exploding population within the national population, struggling with addiction, in and out of rehab before finding himself behind bars.
“I had this sense of relief that he is in jail. He is off track clearly, but he is in jail. He is safe,” Vicki Budd, Draper’s mother said.
She remembers a short voicemail Draper left her from jail. He said he would call her back – that call never came through.
The Harrison County jail booked Draper on Oct. 4, after he led police on a low-speed chase. Less than a day later he was dead.
“They knew Jerod’s situation because Jerod had a history of having substance abuse issues,” said Larry Wilder, Draper’s family’s Attorney.
According to the Harrison County Sheriff's Office, the medical examiner determined Draper died from a meth overdose.
The family's attorney claims Draper told guards that he had swallowed drugs before being brought in.
Now Draper’s family is suing and a civil rights claim notice was sent to the Harrison County Sheriff’s Department.
The lawsuit states that before going to jail Draper was taken to the hospital first because he had cut his writs and was acting suicidal.
Doctors determined he didn't need to be admitted, so off to jail he went.
While being booked into jail, Draper became agitated, cursed at staff and appeared to be intoxicated, according to the Sheriff’s Department.
Police said, Draper was placed on a suicide watch but once inside the cell became violent and had to be put in a restraint chair.
“Their response to that initial display of agitation and display of someone being impaired was to strip him of his clothes, put him in suicide watch, and then he continued to spiral downward and the next step they took was to put him in a restraint chair and they kept him in that restraint chair for several hours the first time and he was then taken back out of the restraint chair,” Wilder claims.
Draper was trembling and warm to the touch and had a fever of 99.3, the Sheriff’s Department describes in a press release.
Jail staff called a doctor and described his symptoms, mentioned that Draper told officers he drink alcohol daily and the doctor prescribed medication to counteract possible alcohol withdraw, according to the Sheriff’s Department.
After lunch, Draper began to spin in circles, losing his balance and falling, the Sheriff’s Department describes; in order to keep him from harming himself, he was put in a restraint chair for a second time.
“And during the time he is being restrained the second time they chose to tase him,” Wilder claims.
The taser used as in an attempt to get Draper who was banging his head while in the chair to comply according to the Sheriff’s Department.
The jail later called for an ambulance, but before reaching the hospital Draper was unconscious.
He was taken to Harrison County Hospital where a test showed he had meth in his system and he was flown to Norton Brownsboro in Louisville where he was pronounced dead.
“If they are going to contend that they followed their policies and procedures than their policies and procedures are archaic. 7:05 mid-evil and unconstitutional,” Wilder claims.
“They knew he was under the influence of drugs,” Draper’s mother said. “They knew he was suicidal."
Jerod Draper was 40 years old and left behind a teenage daughter.
“I'm mortified at what it must have been like for him,” Draper’s mother, Budd said.
The lawsuit is seeking $700,000 on behalf of Draper’s daughter but its purpose is to also to protect other families from facing the pain they feel.
“It could be anybody's son or daughter,” Draper’s mom said referencing many others that struggle with substance abuse. “Jerod fought a battle and he lost it, but he didn't have to die like that.”
The Harrison County Sheriff's Department sent us this statement:
"A complete autopsy of Mr. Draper was conducted by the Louisville Medical Examiner's Office who ruled that his cause of death was due to acute methamphetamine intoxication with the excited delirium and cardiomegaly as contributing factors. Our hearts and prayers are with Mr. Draper's family."