Related To Story EMILY RICE
|
Denver Health Settles With Emily Rice's Family
CALL7 Investigators Confirm Multimillion-Dollar Settlement
POSTED: 5:13 pm MDT May 29,
2008
UPDATED: 7:19 am MDT May 30,
2008
DENVER -- CALL7 Investigator Tony Kovaleski has confirmed that Denver Health Medical Center and the family of Emily Rice have reached a $4 million settlement regarding the 24-year-old's death.Rice died in a Denver jail on Feb. 19, 2006, after being released from the hospital with massive internal injuries that went undetected and untreated.Shortly after learning of the settlement and in an exclusive interview with Kovaleski, Emily's mother Sue Garber said, "I don't know if they will ever say 'we did something wrong' but the dollar amount speaks for itself."
For more than 2 years, Emily's parents have fought to send a message and fought for accountability in their daughter's death.Emily's father, Roy Rice, told 7NEWS, "Tragic mistakes were made and somebody needed to be punished. The court system couldn't. The civil system is the only way to punish them."Denver Health declined an on-camera interview but in a statement offered condolences to the Rice family and said, in part, "Following Emily's death, Denver Health conducted an intense internal investigation, and implemented a series of protocol changes.""For me, the part of the settlement that makes some of the hurt go away are the policies," said Garber.In addition to the $4 million check, Denver Health has agreed to a series of changes in internal policies and practices, called "Emily's Rights."They include enhanced training and continuing education for employees, both in the Emergency Department and Denver's jail.Also, patients transferred from the hospital to the jail, who may have suffered injury, will have vital signs checked every four hours for 24 hours."Emily's Rights" will also encourage events be reported in a non-punitive atmosphere and all defendants named in the lawsuit will be reported to their respective licensing boards."Hopefully those people have the ability to look at things and say this won't happen again," Emily's father told 7NEWS."It took two years but Denver Health finally took accountability for their actions," said Rice family attorney Darold Killmer.Killmer told Kovaleski, the focus now is accountability from the City of Denver and the Denver jail.He said, "There was substantial fault and deliberate indifference to Emily's serious medical needs at the jail. I can't figure out why the City of Denver avoids this conclusion that every single other person has drawn."7NEWS contacted Al LaCabe, Denver's Manager of Safety, who said he could not discuss the settlement or the Emily Rice case due to pending litigation.7NEWS first reported on Rice's death in February 2006 and in November 2007 we uncovered surveillance video from inside the Denver jail. The surveillance video contained a suspicious gap lasting 64 seconds.In the early morning hours of Feb. 18, 2006, Rice crashed her car near East Hampden Avenue and Happy Canyon Road. She was taken to Denver Health Medical Center where her blood alcohol content showed 0.121, which is above the legal limit.Court and medical records indicate Rice had complained of pain in her left shoulder and left abdomen area. She was given Ibuprofen and then turned over to the custody of the Denver Sheriff's Department and subsequently taken to the Denver jail. Rice continued to complain of shoulder and abdomen pain.She ultimately died from injuries sustained in the car accident, including a lacerated liver and spleen as well as blunt trauma to her abdomen. The injuries were apparently not discovered by doctors at Denver Health or nurses stationed at the jail.Jailhouse surveillance video shows much of Emily's booking process, but not all of it, leaving her family to ask, why has the city of Denver apparently removed 64 seconds of video?CALL7 Investigators obtained an exclusive copy of the video and showed the portion in question to Emily's parents."Is this the first time you've seen this video?" CALL7 Investigator Tony Kovaleski asked, in reference to that specific section.Emily's mother, Sue Garber, said, "Yes, it is."The video includes Emily arriving at the jail at 10:50 a.m. It shows her on an elevator. It shows her being searched. And it shows her being booked.In that section of the video, seven hours after her blood alcohol content was measured, Emily is clearly visible leaning against a wall in the cell area.The counter on the upper right corner of the video shows 15:18:20, indicating 3:18 p.m. and 20 seconds.Showing the video to Emily's parents, Kovaleski pointed out, "Here comes the critical time. [The seconds] 26, 27, 28, 29, goes to black. A minute and four seconds later, your daughter is on the floor."It's 64 seconds of video that is missing.Before the gap in the video, Emily is leaning against a wall.The video goes to black. When the video comes back the counter shows 15:19:33 and Emily lying on the floor."The missing part tells you something went on that they don't want us to know about," said Emily's father, Roy Rice.Kovaleski asked Emily's mother, "In your mind, what happened during that minute and four seconds?"She answered, "I don't know. I am afraid to know."Last year, LaCabe reviewed the surveillance video and told 7NEWS, "I can say with relative certainty that this tape was not doctored by internal affairs or anyone in the sheriff's department."LaCabe said he would consider re-opening the investigation into suspicious gap in the video, but would not comment further because of pending litigation.For expert insight into what happened with the 64 seconds, 7NEWS asked the owners of Digatron to review the video. Digatron sold the recorder that captured Emily Rice's final hours, to the Denver jail."There's a gap there of more than a minute. It's by editing," said Tony Ibarra, CEO of Digatron.His brother, Greg, added, "I would have to say that was not equipment failure. That was purposefully edited out."Nearly two years since her death, Emily's family still wants to know why doctors, deputies and nurses never identified the internal injuries that caused her death.And now they wonder, what happened during the missing 64 seconds of video?"It makes me sick but it doesn't surprise me. I knew she was in terrible pain and I knew they didn't do anything to help her," said Garber.A criminal investigation by the Denver Police Department found no grounds for criminal charges, however, the sheriff's deputy who booked Emily Rice has resigned.A well-placed source with the city of Denver said the missing 64 seconds included deputies and nurses doing nothing to attend to Emily. She was dead 15 hours later.
Previous Stories:
- January 7, 2008: Denver Independent Monitor Issues Report On Jail Death
- December 12, 2007: City Responds To CALL7 Investigation Into Missing Video
- November 27, 2007: Suspicious Gap In Jailhouse Video Uncovered
- November 21, 2007: Report On Jail Death Critical Of Hospital
- June 26, 2007: Family Sues Denver, Alleges Negligence In Daughter's Death
Copyright 2008 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.










