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Out-of-court settlement reached in suit filed over death in jail
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By Jeff Haldiman
jhaldiman@newstribune.com
A Jefferson City man whose wife died while she was in the Cole County Jail has agreed to an out-of-court settlement of the wrongful death lawsuit he had filed against former Sheriff John Hemeyer, one of his lieutenants and the county.
Leonard Simmons filed the suit in federal court in 2004.
The settlement was announced just before the case was to go to trial earlier this month.
Both Simmons' attorney, Sam Trapp, and Diana Carter, representing the county, confirmed the settlement.
Carter said the settlement was made without an admission of liability and that Simmons agreed to dismiss the case.
Other settlement details have not been released, yet.
Denise Simmons, 35, was found to be unresponsive in her cell during a routine check about 11:20 a.m. on Sept. 26, 2002.
According to the lawsuit, Denise died of a pulmonary edema, after she developed ketoacidosis while she was in the jail.
The suit claimed guards at the jail “noted Denise was ‘lethargic,' ‘not able to speak coherently,' ‘unbalanced,'” and had trouble breathing in the 24 hours prior to her death.
The suit also alleged that guards left Denise “passed out on the floor the entire night of Sept. 25, 2002.”
According to the lawsuit, Lt. Aimee Pierce “informed the other guards that Denise was ‘faking' her medical condition.”
Jail staff tried to resuscitate her, as did emergency service workers from the Jefferson City Fire Department and Capital Region Emergency Medical Services, but those attempts were unsuccessful.
Denise had been in custody since Aug. 5, 2002, and was serving a 180-day sentence for two assault charges.
She also had pleaded guilty to a charge of second-degree armed robbery in connection with a Feb. 17, 2002, robbery at the Beeline Snack Shop on Missouri Boulevard.
In another jail lawsuit case, Priscella Gilley's claim that she was raped while in the Cole County Jail last year is scheduled for a jury trial in federal court next year - on March 3, 2008.
Leonard Simmons filed the suit in federal court in 2004.
The settlement was announced just before the case was to go to trial earlier this month.
Both Simmons' attorney, Sam Trapp, and Diana Carter, representing the county, confirmed the settlement.
Carter said the settlement was made without an admission of liability and that Simmons agreed to dismiss the case.
Other settlement details have not been released, yet.
Denise Simmons, 35, was found to be unresponsive in her cell during a routine check about 11:20 a.m. on Sept. 26, 2002.
According to the lawsuit, Denise died of a pulmonary edema, after she developed ketoacidosis while she was in the jail.
The suit claimed guards at the jail “noted Denise was ‘lethargic,' ‘not able to speak coherently,' ‘unbalanced,'” and had trouble breathing in the 24 hours prior to her death.
The suit also alleged that guards left Denise “passed out on the floor the entire night of Sept. 25, 2002.”
According to the lawsuit, Lt. Aimee Pierce “informed the other guards that Denise was ‘faking' her medical condition.”
Jail staff tried to resuscitate her, as did emergency service workers from the Jefferson City Fire Department and Capital Region Emergency Medical Services, but those attempts were unsuccessful.
Denise had been in custody since Aug. 5, 2002, and was serving a 180-day sentence for two assault charges.
She also had pleaded guilty to a charge of second-degree armed robbery in connection with a Feb. 17, 2002, robbery at the Beeline Snack Shop on Missouri Boulevard.
In another jail lawsuit case, Priscella Gilley's claim that she was raped while in the Cole County Jail last year is scheduled for a jury trial in federal court next year - on March 3, 2008.
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curious52 wrote on Jan 18, 2009 9:52 PM:
The poor girl was diabetic. The Lt. made a fatal mistake!!
Hurray!
Please read the story about my son's suspicious death that took place in small town McGregor, Texas (Pop. 4,777) on February 16, 2006.
www realcrimes com
www americaiswatching org (Joshua Robinson) Attached documents, including a crime scene photo and statement that a McGregor patrol officer was the last person to see Joshua alive in Amsler Park @ 1AM. He died between 1:15 and 2:15AM!
But this is "Redneck Territory" and I'll get nowhere, because Money Talks, BS walks!
Four of the five officers were asked to resign in June, 2006. They stated they did not recognize the victim, but knew who he was in the dark "