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The world will never know how Eric Perez died

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Ursus:
Video news footage at the title link:

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NEWS CHANNEL 5 — WPTV

911 phone call may have saved teen, but guard says he was ordered not to call

Posted: 07/18/2011
By: Rochelle Ritchie


Photographer: WPTV · Copyright 2011 Scripps Media, Inc.

WEST PALM BEACH, Fla. - One phone call might have made a difference between life and death. One of the guards fired from a West Palm Beach detention facility says it's a call he never got the chance to make.

His story is part of a widening probe into the sudden death of a teenager; a case sparking legal action now.

The cause of death for 18-year-old Eric Perez is still not known and it could take up to 10 weeks before an autopsy report comes through.

The family's attorney says this is a case of negligence and blatant disrespect for human life.

They say once the investigation is over they'll know exactly who to go after in their lawsuit, whether it's the state or Palm Beach County.

A heartbroken mother, just back from burying her son, is working to make sure his death is not in vain.

"My son didn't have to die like this," says Maritza Perez.

Perez expressed anger that her son was not given any medical attention after suffering from a severe headache and sickness 8 days ago at the Palm Beach Regional Juvenile Detention Center, where he died suddenly.

"If a kid complains about a headache why can't they take care of it? They could've done something to help him out," says Perez.

Flloyd Powell was a guard who on duty that day; one of two fired after Perez's death. Four others are on administrative leave. Powell told the family's attorney Perez had been, "vomiting violently for several hours and screaming." Flloyd says he wanted to call 911.

"I was given a direct order from my supervisor not to call 911," he says.

The Florida Department of Juvenile Justice says Flloyd Powell and Terence D. Davis were terminated for failing to call 911 in accordance with their training and clearly posted Department of Juvenile Justice policies, and will take additional disciplinary measures if more violations are found.

One of the family's attorneys, Richard Schuler, says two videotapes have surfaced from cameras placed at the juvenile detention center that could reveal exactly what happened to Perez.

"When he was taken out of his room and told to lie on the floor there's videotape that looks at that area. The second tape actually would have filmed his death. This was a situation where help was required to be called and it wasn't. They weren't doing their job," says Schuler.

Powell says Perez appeared to fall asleep and was later taken to a medical confinement room, almost three hours after he got sick.

He later died, alone, in that room.

Perez says she knows her son is gone but she is hoping to save another family the same loss.

"I just want justice that's all," she says.

The family attorney says he is hoping others who were working that night will come forward with more information.


Copyright 2011 Scripps Media, Inc.

Ursus:
This seems to be an article which first appeared in the Miami Herald, although I cannot, at the moment, seem to locate it on their website. It was probably absorbed into/combined with other material for a longer piece by Carol Marbin Miller, also published on this same date...

Video news footage at the title link:

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The Palm Beach Post

Jail guard: I was fired over 911 call for sick teen

State juvenile justice administrators have a tape of a dying teen in custody in Palm Beach County. Two lockup workers have been fired and several others suspended.

By Carol Marbin Miller
Miami Herald

Updated: 11:55 p.m. Tuesday, July 19, 2011
Posted: 3:06 p.m. Monday, July 18, 2011


Eric Perez was 18 when he died. Family photo


Eric Perez Photo provided

A guard at the West Palm Beach juvenile detention center claims he was fired last Friday after he told state investigators he was forbidden to call 911 when a teenager complained of repeated severe headaches and vomited for hours. The teen, 18-year-old Eric Perez, died after authorities waited hours to seek medical attention.

Eric Perez's death at 8:09 a.m. on July 10 is under investigation by both the state Department of Juvenile Justice and West Palm Beach police. Since his death, the juvenile justice agency has fired two employees and suspended six others. DJJ administrators have declined to discuss Eric's death, citing the ongoing investigations.

The guard, Officer Floyd Powell, a five-year DJJ employee, said through an attorney Monday morning that he was terminated "after disclosing to state investigators that he was ordered not to call 911."

"This guy desperately wanted to call 911," his attorney, Cathy L. Purvis Lively, told The Miami Herald. "He was told, No, you are not to do that."

Powell could not make the call on his own, Lively said. The "module" where Powell oversaw several detained youth did not contain a telephone, and Powell could not reach a telephone without walking away from his post — and leaving other youth unsupervised.

DJJ administrators did not tell Powell why he was being fired, Lively said, only that he was technically still on probation, and, therefore, without any protections. Powell had been promoted in recent months, and so technically on probation for the higher position.

Samadhi Jones, a DJJ spokeswoman in Tallahassee, declined to discuss Lively's claims Monday morning, but added the department may have additional information later in the day.

Powell, his lawyer said, will be seeking damages from the state for his "wrongful termination."

Lawyers for Eric's mother, Maritza Perez, said Monday that Eric had been vomiting for perhaps seven hours, and complaining of a severe headache, before he died. "A critically ill young man had all the signs of a severe head injury — a headache and vomiting. They put him in a room and left him alone and unmonitored," said Richard D. Schuler, a West Palm Beach attorney. "These folks have no medical training — far from it."

Both Schuler and Lively said that guards at the lockup also tried to get a nurse to examine the teen, but the nurse failed to respond to two phone calls.

Eric's death is eerily similar to the death of a 17-year-old, Omar Paisley, who died in June 2003 at the Miami-Dade Juvenile Detention Center.

On June 9, 2003, Omar died of a ruptured appendix after he had pleaded with both guards, supervisors and nurses for three days to see a doctor. Records and testimony from both legislative hearings and a criminal investigation showed that guards had sought permission to call for an ambulance, but were not allowed by their supervisors.

Following Omar's death, DJJ administrators announced a series of sweeping changes to lockup medical care throughout the state. Among the policies: any guard, supervisor, or even volunteer was give absolute authority to call for an ambulance.

Dale Dobular, who was superintendent of the Miami lockup for almost four years after Omar died, remembers designing a poster that administrators ordered be hung in every DJJ facility across the state. The poster clearly stated that lower-level employees need not seek permission to call 911, Dobular said.

By the time Dobular left the Miami lockup in the summer of 2008, however, he felt that many of the protections put in place after Omar's death already had begun to erode.

"One of the reasons I left was because I didn't feel like I could guarantee the safety of the kids in that facility because services continued to get cut," Dobular told The Miami Herald.

"I felt that it would take another Paisley before the agency recognized it could happen again."


Copyright © 2011 The Palm Beach Post.

Ursus:
Comments left for the above article, "Jail guard: I was fired over 911 call for sick teen" (by Carol Marbin Miller; July 18, 2011; Miami Herald/Palm Beach Post), #s 1-20:


af · 3:40 PM, 7/18/2011
Finally the DJJ is being investigated-they should investigate the state DOC system too since it too denies needed medical attention to inmates unless the family gets involved. This kind of thing has been going on for well over 10 years at the DJJ, along with several other horrible things. It is such a horrible shame that the State of FL can't take anything seriously or carry out actions to ensure the safety and health of inmates until something like this happens.reggie · 3:49 PM, 7/18/2011
same no calling the police policy is in the school system as well.missourigirl · 4:00 PM, 7/18/2011
What is is with the STATE of FLORIDA and Kids? This state is a mess....and now another mother has lost a child. Such a crying shame............... · 4:07 PM, 7/18/2011
I think this is BS what do they need these kids to do so they can give them medical attention just because they are in a detention center does not mean they should be treated like animals and they dont even go that long with feeling sick before the care takers take them to get medical attention!!!!!!!!!!jac · 4:23 PM, 7/18/2011
We give tax breaks to big business and cut the programs from the taxpayers.This is who GOP are.yada yada · 4:34 PM, 7/18/2011
This guy didn't have a cell phone he could have used to call 9-1-1? What is the huge deal about calling an ambulance for someone who is sick (much less a kid)? Civilians would be held negligent had someone in their care be sick and you don't call 9-1-1. Who the ehck is the "supervisor" who ordered him not to? Thats the man to fire and hold accountable.Barbie · 4:42 PM, 7/18/2011
what is wrong in Florida. Who knows it could be happening in many other states.Kevin · 4:49 PM, 7/18/2011
I guess the big unanswered question here is. Was this a privately run "contracted with the state" institution or was it being run directly by the state. The problem with most of these troubled kids is that they are pathological liars and will do or say whatever they need to in order to be remanded to the hospital where treatment is much better weather or not they are actually sick Since this would cut into the profitability of a privately run center they are more likely to deny medical care.r.c · 4:51 PM, 7/18/2011
The state of Florida is so full of ****.......I say that everyone that was involved with this kid needs to be charged with his death. The person he told that he had a bad headache and was not feeling good to the person who locked him in a room. To the warden or the person who over sees everything. For not providing a safe place and for not allowing anyone to call for some help. The only people who will suffer from all this is his parents really not knowing what the real truth is.Jonna · 4:55 PM, 7/18/2011
This is crazy, as a woman who is currently attending school to become a JPO. I cant believe how people are being treated. Truthfully wether its being taking care of in an actual hospital or being detained & needing medical treatment, I feel that every life is important. Felon or Non-Felon, Insurance or no Insurance. The fact that guards are deciding wether a inmate is faking symptoms or not is not there job. The facility should have more than one nurse around aswell as back up for emergencies.Sue · 4:55 PM, 7/18/2011
I totally agree with AF....there are people who are arrested even for non-criminal crimes and are not given their medication....I know of an individual who was on blood pressure medication and cholesterol meds and was at eh PBC Jail where they did not give him his meds.....he was thenm rushed to the ER due to lack of medication where he remained for a week....A family member had called and the jail employee was totally rude and said they would get to it....they are lucky he is alive!SheliaJoy · 4:55 PM, 7/18/2011
DJJ facility = LEGALIZED CHILD ABUSE.

I worked in a level 8/10 girls facility. Staff refused to allow the children to report child abuse on the FAKE phone on the floor. Had a nurse who could not read or write. DJJ attempted to get staff to dispence meds instead of nurses. If you disciplined your child the way DJJ does in a facility you would be arrested for aggravated child abuse.

One girl almost bleed to death while the staff played cards.

You would think after Omar Pasley...mark · 4:58 PM, 7/18/2011
This place is run by the state. Don't forget they have a budget. If the kid goes to the hospital they have to pay for it and send officers along with him to guard him. this all costs money. He was being released soon they were probably hoping he would be fine till they let him go. It was a gamble and the young man lost.Rachel Wise · 4:59 PM, 7/18/2011
Isn't it interesting that every building in Palm Beach County has to be to code for handicapp people but not the JAIL....I know someone too that was taken to the PB Jail and was handicapp and could not use the jail toilets.....(couldn't sit) because they were too high and he had double hip replacement....they told him too bad when he asked for a cell that was equipped for handicap individuals....? · 5:07 PM, 7/18/2011
mark - are you a Christian?Brian O'Donaghey · 5:08 PM, 7/18/2011
Kid's death appears to be a preventable tragedy and I'm REALLY trying to believe this guards story BUT
WHEN did he decide that 911 should be contacted?
Was EMS-medical already contacted when he decided that 911 should be called?
What's so important about his place of duty that prevents him from going to a phone for a life-death emergency?
Who made the 2 phone calls to the nurse who failed to respond, and WHEN was the nurse 1st called? (I thought there was no phone)
Somethin's shady here.Watersisland · 5:09 PM, 7/18/2011
This supervisor is guilty of a crime and should be punished accordingly. Even as an innocent bystander, ANYONE is required to offer assistance for someone in obvious medical need......never-the-less in a situation where the victim is being detained. TOO MANY law enforcement personell believe they OWN the law--thus causing huge amounts of taxpayers money to be needed in righting the wrongs that they cause. A CRIME HAS BEEN COMMITTED!Gail · 5:13 PM, 7/18/2011
The entire Criminal Justice System is corrupt and needs to be investigated! They only care about their paychecks and the heck with the people that are being arrested and jailed who are being treated like animals worse then in the dog pound and not fed or cared for and allowed to be injured in daily fights while the guards look the other way because they are private owned facilities whose bottom line is money! Evidenced by the judge in PA getting paid off to send kids to jail and prisons!david · 5:15 PM, 7/18/2011
i can predict the end of this story .nothing will happen and everyone involed will be hired back .any one want to bet me.its a lock bet.audio · 5:16 PM, 7/18/2011
The good news is the crime rate dropped

Copyright © 2011 The Palm Beach Post.

Ursus:
Comments left for the above article, "Jail guard: I was fired over 911 call for sick teen" (by Carol Marbin Miller; July 18, 2011; Miami Herald/Palm Beach Post), #s 21-40:


Joanne · 5:16 PM, 7/18/2011
as watersisland said: A CRIME HAS BEEN COMMITTED! I hope those responsible for taking this young mans life are held accountable but...... Um... This is Florida and we let criminals off the hook! The poor kid threw up for 7 hours medical help was NEVER called?Brenda Wayne Wyatt · 5:42 PM, 7/18/2011
This is happening all over America. To be in a detention center is hard enough, but to not get the help you need is uncalled for. i have some experience in this. Better care should be available for those who need it. Especially medical.reality · 5:49 PM, 7/18/2011
This is a state agency meaning no budget and bottom of the barrel employees. If they were any good they would be in a better law enforcement job. Medical care at the county jail is at the other extreme. A scratch that should require a band aid requires medical clearance from the hospital. Thousands of dollars for x-rays a ct scans. All because once in a million an inmate dies. You people crying that this kid deserved better are the same ones wanting lower taxesreality · 5:51 PM, 7/18/2011
You all cry for less taxes...for twenty thousand a year to deal with kids their own parents do not want to deal with...this is what you getmike · 6:19 PM, 7/18/2011
We Floridians must make real decisions about our incarcerated, how many, how much, how long, what do we expect to accomplish?
Are we spending too little to expect that medical services are adequate for the inmates?
Over $23K per year per year is spent on each inmate now.
Society reviles those we arrest and so many of us are coarse to the point of incivility as the comments here show.
Being arrested does not mean you are guilty and it can happen to you or me.
Smug words don't make us betterpjay · 6:32 PM, 7/18/2011
This is just great.
Now we're all going to be shelling out MILLIONS OF DOLLARS to the family of a kid who wasn't worth S#!T -- all because of the incompetence of the fools who run these detention facilities.

I can't wait until Perez's family lawyers start telling a court how many millions this thug's useless life was worth.corrupt state · 6:33 PM, 7/18/2011
Florida is corrupt from top to bottom. Education system, foreclosures, prison system, courts, and every politician around. Madoff ponzi scam started in Florida. Rothstein case, Casey Anthony trial. It is one big joke. This country's economic problems started when Jeb Bush and his friends stole the election for his brother G.W. in 2000. It will get worse in Florida. More job loss, more foreclosures, more business failures. The state is filled with racial hatred. Keep away from Florida.Scubadannyc · 6:35 PM, 7/18/2011
COME to Florida...The Dirt Bag State!Alexis · 8:22 PM, 7/18/2011
I really can't believe that anystaff let alone a supervisor who has acess to any phone in a detention facility was told to not call 911. Supervisors are in charge of a facility at night so who stopped this supervisor from picking up a phone and dialing 911. Perhaps maybe somebody need to look at the failure to provide medical services 24 hours or the pay cuts that DJJ, Law enforcement, and even the school board is incurring. No one advcates for DJJ. Find out where the money is being spent.trajedy · 12:02 AM, 7/19/2011
First, these programs are run by Boards. Check your Boards and watch the profit trail from one agency to another. If I recall, Art Johnson, PB super sat on many. The DJJ DOES subcontract, with private agencies. Even the psy intake is a private organization as likely are the medical. Once a contract is signed the payment has been made regardless if these kids get treated; which is less incentive to act on any given problem by staffers.trajedy · 12:11 AM, 7/19/2011
Find the Boards, Alexis is right, because the Boards are composed of ED Superintendent, Police, SA, Medical, and they create a one policy fits all in the County so yes it is duplicated. Behind each sits a well paid lobbyist pushing to get favors paid back to get votes and political pull for their clients. The Boards are where the problems are, the corruption is inspired by the lobbyists who in turn bring in private corps to gain income for political donations. Not stopped,we will loose more kidsLady Justice · 2:30 AM, 7/19/2011
I am an ex employee at the Palm Beach Detention Center and the staff in question is not lying. I have seen and been in situations there where a superior has told staff not to call 911. Sometimes they will not even call the nurse and if they do call the nurse while she is on duty, depends on who it is, she will not go and see a juvenile. They always feel like the juvenile is lying or being dramatic but that should be up to a medical professional to decide if the juvenile is not being truthful.Theresa · 9:26 AM, 7/19/2011
This is beyond ridiculous, Whoever is in charge of this site needs to handle the comments that are disrespectful. I am a friend of the family, and Nobody deserves this.. I don't wish it on anyone. But Pjay, or whatever your name is.. You have no respect, He was not a "Thug" He was a troubled teen. He was trying to straighten out his life, I'm sure you've been there some where in your life, So why don't you stop judging, this whole world does not revolve around idiots like you,Being inconciderateTheresa · 9:29 AM, 7/19/2011
This happened because the guards at the facility neglected an innocent child. And yes that's what he was. & Before any one starts saying anything about him, why don't you stop pointing fingers, and make sure your own hands are clean.And yes, I will stay he was troubled. But he brought joy into hundreds and hundreds of peoples life. He made a difference in mine, and his family and friends life. The guards should not just be fired they should be arrested and put in jail for neglecting this childGwen · 10:07 AM, 7/19/2011
What a shame this young man had to lose his life for absolutely no reason other than some incompetent, lazy, ignorant people being in positions they should not be in. There should be a lot of firing going on,and I hope the family sues the pants off of the state and every one involved.It is so obvious the guard was let go because he told the truth, and it didn't give certain people time to cover it up, or get thier lies straight.Rush · 10:16 AM, 7/19/2011
Radstaz....... be careful what you wish for on others, it usually comes back to YOU.!!!! I feel sorry for your family.FLDOCGIRL · 10:47 AM, 7/19/2011
Allow me to clear up a few misconceptions. Officers do not have cell phones inside of facilities as it is a felony punishible by 3 years in prison to introduce one into a facility. ALL Florida institutions are under a federal mandate to provide care comparable to what is available in the outside world. It is a shame that 911 was not called, if only for the fact that the DOC budget and law suit judgements are paid out of the same pot: your taxes. 18 is young enough to be rehabilitated.Xperienced w/system · 12:49 PM, 7/19/2011
It doesn't profit them to change. So, until someone makes it unprofitable not to they won't.Kristina · 1:37 PM, 7/19/2011
Bottom line is the guard felt he should call 911 but didn't. I don't care if his supervisor told him not too. He knew he should have called, and SHOULD be fired for not calling. Supervisor is a moron and should be fired too. Yes, these kids lie and try to get out of their cell, but the guard knew the kid was really sick. To the guard you can try to blame your boss to ease your guilt, BUT you did have a role..own up to it and quit blaming your supervisor. You let a child die.SANDRA · 4:47 PM, 7/19/2011
IT IS REALLY AN HORRIBLE INCIDENT THAT HAPPENED BUT IM NOT SURPRISED BY ONE MINUTE OF IT DUE TO THE MEER FACT THAT MY SON TO HAS BEEN INCARSERATED IN THE DETENTION CENTER AS WELL ON 45TH STREET BUT THERE ARE SOME EXCELLENT OFFICERS AND ITS A SHAME THAT THIS HAPPENED.THOSE KIDS ARE THERE FOR HELP AS WELL AS SUPPORT.MY HEART GOES OUT TO THAT MOTHER AND FAMILY !!!!!! AND I DO PRAY THAT JUSTICE IS SERVED...........

Copyright © 2011 The Palm Beach Post.

Ursus:
Comments left for the above article, "Jail guard: I was fired over 911 call for sick teen" (by Carol Marbin Miller; July 18, 2011; Miami Herald/Palm Beach Post), #s 41-46:


nanci · 5:59 PM, 7/19/2011
Lord history is repeating itself, first it was martin, paisly and now this kid, why cant these kids get the attention they need, its better to call 911 regardless, if the child was vomitting for three days and headaches something is definitely wrong, but these workers only care about their jobs.nanci · 6:04 PM, 7/19/2011
I wont care about the stuipid guards I would go outside and call 911 on my cell phone, let the supervisors go to hell. They dont care about people's children they just care about a paycheck, the child was vomitting and in clear distress but supervisors dont want to use their common sense, they just care about being promotedAlexis · 9:09 PM, 7/19/2011
Yes justice should be served and everybody involved should be held accountable for the role they played in this incident. It doesnt matter what type of crime he committed he should have been provided care. The detention centers have competent people who run the facilities so dont be so quick to judge the staff just because a few failed to do their job. DJJ take better care than some of the parents. Its the Legislators who is failing you and not putting the money where it should be.Toni · 10:04 PM, 7/19/2011
Bottom line is the supervisors have probably been told to limit medical calls, especially those that might involve outside treatment (like at a hospital) so the state can save money. After all they need it to build which costs more than $50 million bucks. Just shows our Republican leaders have their priorities and is does not include the average joe.Alexis · 10:04 PM, 7/19/2011
Yes justice should be served and everybody involved should be held accountable for the role they played in this incident. It doesnt matter what type of crime he committed he should have been provided care. The detention centers have competent people who run the facilities so dont be so quick to judge the staff just because a few failed to do their job. DJJ take better care than some of the parents. Its the Legislators who is failing you and not putting the money where it should be.Angela · 4:38 PM, 7/20/2011
What's very interesting is that so many people have space to "JUDGE" another persons actions in a time of distress.We can all say what we should've, could've and would've done but the reality of it all is we don't know nor should we point fingers.
The bottom line is the state does have a budget and with that recently had a major lay-off enforced on Jun. 30,2011.
My suggestion is anyone that feels so strongly about medical, housing and neglect or abuse, "STOP JUDGING,GET INVLOVED AND ACT."

Copyright © 2011 The Palm Beach Post.

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