Emily Rice jail suit settled, one journey ends, another begins
By David Montero, Rocky Mountain News (Contact)
Published November 18, 2008 at 11:15 a.m.
Photo by Darin McGregor / The Rocky
Emily Rice's mother, Sue Garber, gets a hug from lawyer Mari Newman after a news conference Tuesday to discuss the family's $3 million settlement with Denver. Rice's father, Roy, is at right.
Video: The City of Denver settled with the family of Emily Rice who died in a Denver County Jail on Feb. 19, 2006 due to untreated injuries suffered in an auto accident. The settlement includes new protocols at the jail in order to avoid similar tragedies in the future. Watch »
The long public legal journey ended Tuesday for Roy Rice and Sue Garber - days of protesting outside Denver police headquarters, meetings with lawyers, and eventually the mayor, before finally learning that a lawsuit born of their daughter's death was settled.
Now begins the private, painful journey of the rest of their lives.
"There are no new memories of Emily," Rice said. "No new contacts with Emily. The rest of the world is missing a wonderful person."
Rice and Garber stood in front of the City and County Building the morning after the Denver City Council voted 11-1 to award the family $3 million as part of a wrongful death settlement.
Emily Rice died Feb. 19, 2006, after she was involved in a car crash and was taken to Denver Health Medical Center. She was then transferred to the city jail, where she was booked on suspicion of drunken driving.
While in her holding cell, she was suffering from internal injuries and, over the course of 20 hours, begged for medical attention.
She eventually bled to death.
The family fought for reforms in the way the jail handles those with injuries. Now dubbed Emily's Protocols, the city agreed to the new policies as part of the settlement. The family must be notified within six months that the protocols are being put into place.
In addition, Denver Health Medical Center settled a lawsuit with the family earlier this year for $4 million.
It's one of the largest settlements in Denver's history, but Rice and Garber said they were less interested in the money than they were in the establishment of reforms throughout the jail system.
"It's infinitely important to know at least some of the things in place are already working and that nobody will ever suffer in this fashion again," Garber said. "That's been the whole point of this three-year process - to make sure nobody dies like that again."
The family was flanked by friends and extended family - although Emily's 20-year-old sister was unable to attend the gathering because she was away at college.
Roy Rice said he cried when the council voted to grant the settlement. But though the battle was over, family attorney Darold Killmer said, "It's inadequate as a remedy for the loss that's been suffered."
Legal settlements aside, Rice, Garber and the family are now struggling with a bigger challenge - adjusting to life without Emily and a life that doesn't involve fighting for justice on her behalf.
Rice, wearing sunglasses and a black baseball cap, choked up a bit, glanced at the blue sky and noted the unseasonably warm weather that allowed them to gather outside the City and County Building.
"Emily has been watching over us since Day One," he said. "She has been helping from upstairs. Look at this weather.
"Emily is with us."
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November 18, 2008
11:43 a.m.
Suggest removal
chickenlittle1234 writes:
3 million dollars to donuts they'd rather have their daughter back. Interesting the RMN doesn't indicate who voted against the settlement.
November 18, 2008
11:54 a.m.
Suggest removal
wildangel5 writes:
Donate the money to charity - it wont bring their daughter back...but wait...a big, new house and a fancy car will ease the pain. Every just wants to sue, sue, sue. And the taxpayers will get the bill.
November 18, 2008
11:55 a.m.
Suggest removal
gallegoi writes:
What I want to know is what happened to the attending at Denver Health? Hopefully he or she lost their job. It's pretty much their fault.
November 18, 2008
11:58 a.m.
Suggest removal
No_ax_to_grind writes:
wildangel5,
You got no heart.
November 18, 2008
12:02 p.m.
Suggest removal
Acemon writes:
Fire any cops who violate the public trust by lying or shielding those who lie. Zero tolerance for bad cops.
November 18, 2008
12:03 p.m.
Suggest removal
fntsymtn writes:
I'd like to see the math they used to come up with the settlement amount(s) -- $7 million is a pretty hefty sum of money.
November 18, 2008
12:04 p.m.
Suggest removal
Scott writes:
Acemon,
... and the quack(s) at Denver General that released the woman to the cops.
Scott
November 18, 2008
12:05 p.m.
Suggest removal
enough321 writes:
Moronangel5, the risk of paying money is the only thing that gets attention. Maybe as a concerned taxpayer, you should be directing your outrage at the actions of your public servants for treating someone this way, then maybe it wouldn't happen in the future. Oh no, just sit on your sofa and let the family that lost a daughter teach your public servants a lesson. Obviously the settlement was too low. Maybe if it was higher, you'd be trying to change protocol yourself. Nah, much easier to whine anonymously.
November 18, 2008
12:07 p.m.
Suggest removal
BroncoRick69 writes:
These people deserve compensation for the city's gross misconduct. Do you really think , wildangel5 that you're going to feel the pinch? Maybe the taxpayers should turn around and sue the city.
November 18, 2008
12:13 p.m.
Suggest removal
hillbillygoth writes:
yet another GREAT job by the DPD and Denver Health, which
we taxpayers get the tab for. don't get me wrong, the family
deserves every cent.
November 18, 2008
12:21 p.m.
Suggest removal
Creative_N_Denver writes:
Sad that this family had to lose their daughter, no amount of money will ease the pain. Most grow bitter in the end and will continue to find fault with the system, can't blame them though.
November 18, 2008
1 p.m.
Suggest removal
chickenlittle1234 writes:
aztlan99 writes - "Jeannie Fatz voted no. If these parents were so concerned why didn't they pick her up that night or clear up the arrest warrant she already had for driving. Now that she is dead she becomes the patron saint for DUI? Enough of these stupid payouts by the city"
Now that she's dead, she's gone, and your entire comment is completely off base. No one said anything about her becoming the patron saint of DUI. She might have been in jail for DUI, but she died because of negligence. The only thing stupid is you blaming the victim.
November 18, 2008
1:01 p.m.
Suggest removal
gs writes:
Scott,
... and the nurse at the jail that kicked Emily rather than call someone.
November 18, 2008
1:36 p.m.
Suggest removal
wow writes:
Glad to see this come to a conclusion, finally. 11 out of 12 council members agree.... when you're arrested, your keepers are responsible for your care. DUH. Fatz is not too tightly wrapped, so no suprise she doesn't get it. She probably doesn't understand much about the whole "innocent until proven guilty" thing either. Citizens being held in jail are still citizens, and I hope the sherriffs have figured that out now.
November 18, 2008
1:36 p.m.
Suggest removal
chickenlittle1234 writes:
aztlan99 - Hey no worries, I'm not taking it personal. And if I implied you are personally stupid, I apologize - I'm not trying to do that. Your opinion, however, is another matter! ;)
November 18, 2008
2:01 p.m.
Suggest removal
Duckster writes:
Whoever voted "no" sounds like a responsible steward of our tax dollars.
It's unfortunate that their daughter drove drunk and subsequently died. It's regrettable and some remedial training should have taken place, but it in no way should have become a lotto ticket for these people. Sorry, but just because something bad happens, a couple of people should not be able to reach into everyone else's pocket and profit.
http://lagniappeslair.blogspot.com
November 18, 2008
2:05 p.m.
Suggest removal
happymike44 writes:
I am sure they would rather have their daughter back.
The poor girl suffered while bleeding to death internally and I am sure in extreme pain and suffering.
The money is not enough every person who chose to ignore tat poor girls screams and agony need to serve some time behind bars as well.
Just so they get a taste of the humane treatment they gave to that poor girl.
November 18, 2008
2:12 p.m.
Suggest removal
milehighman writes:
There are a couple of very important things you all need to remember here. 64 seconds of video are "missing" that could possibly show that the Denver Sheriffs are responsible for her injuries, which would amount to murder. Also, have any of you been to jail here in Denver? I highly doubt that Emily Rae Rice even got to call her family and let them know where she was. This settlement is a pitance of what it should be. Do you all understand that the city went to the family and offered settlement BEFORE the family could even sue? This is hush momey, plain and simple.
November 18, 2008
3:39 p.m.
Suggest removal
Romanesco writes:
"Another victim to the cruel bastards at DPD. Serve and protect??? Serve and protect themselves and their friends is more like it."
No, the hospital staff cleared her and released her to the Denver *Sheriff* (*not* DPD).
What is a deputy to do if medical staff clear a drunk person, and that person continues to complain? This is on DHMC, not the Sheriff.
November 18, 2008
3:40 p.m.
Suggest removal
Cowboy63 writes:
Duckster writes: "Sorry, but just because something bad happens, a couple of people should not be able to reach into everyone else's pocket and profit."
What? "Just because something bad happens"... You have a gift of understatement, my friend. A DUI SHOULD get you a night in jail and a stiff fine, but it does NOT warrant being left to die on the jailhouse floor.
Unfortunately, the only way most people learn is to hit them in the wallet. I wish they could make sure the money comes right off the top of only the agencies involved and isn't spread across the whole city budget - then they will get the picture.
The biggest issue is the missing 64 seconds of the video. Access to the recording media needs to be controlled by a 3rd party who can't simply "delete" what they don't want the public to see.
November 18, 2008
4:38 p.m.
Suggest removal
sweetater writes:
Agreed on the 64 secs that is missing. Hard to believe that a hospital known and tested as a trauma center let her be released back to the jail and she had internal injuries. The city settled with the family before they tried to sue? doesn't that prove their guilt?
November 18, 2008
4:54 p.m.
Suggest removal
Chris720 writes:
Well after reading some of your comments i feel absolutley sickened. This was a clear cut case of pure negligence on the part of Denver Health AND the Sherriffs Dept. The family had every right to sue and nothing will bring Emily back, but aside from throwing the people responsible for not helping Emily into a cell as well( which unfortunately won't happen), The pittance of compensation her family will recieve is basically a side note. I grew up with Emily and she was such a great person and friend. So why don't those of you that are bashing her look for a little compassion in your hearts because what I have read is just plain sad.
November 18, 2008
5:42 p.m.
Suggest removal
happymike44 writes:
Everyone missed the main thing here a murder was committed here.
I wonder why internal affairs did not investigate this crime.
Ask yourself why this was not turned over to the F.B.I. and allowed to either clear or prosecute those officers.
They are the only reason someone's child was allowed to die with less diginty then a forgotten dog in the street.
I am sure the parents of this child would rather see the real criminals go to jail.
November 18, 2008
5:59 p.m.
Suggest removal
Romanesco writes:
Again, the woman was medically cleared (very wrongly, though) by staff at DHMC.
Deputies cannot be expected to make medical decisions when a medical professional already has.
November 18, 2008
6:05 p.m.
Suggest removal
WHATRIGHTS writes:
This was senseless and plain cruel...the family deserves this, I feel sad that now they have to deal with the pain of it all, at least during their crusade they had something left to hold onto.
With that being said, it is unfortunate that the community has to continue to pay for these so called "civil servants" and their "mistakes", why can't their wages be garnished until the end of time, why is it that if this happened at one of our businesses or homes it would be the sole responsibility of the individual but yet we the taxpayers have to take it in the shorts for this.
November 18, 2008
7:38 p.m.
Suggest removal
innerexposure writes:
The article stated that the policy change was the most important thing, so why didn't the family sue for a policy change only instead of that and $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ ???????
November 18, 2008
7:53 p.m.
Suggest removal
milehighman writes:
How sick in the head are you to think that all the family wanted was to get paid in the end? Obviously you aren't aware of all the new regulations that were put into place as part of the settlement. There was a crime commited here and nobody will be charged, and the family is getting paid now to go away. This is a huge black eye for the city and they want it squashed. Anybody who has been locked up in the city or county can tell you a story about the complete indifference the sheriffs have towards the inmates. How about people who have false accusations placed on them and end up in jail? Completely innocent people get injured in jail BECAUSE of the sheriffs. I know, I am one. My vision was destroyed at the hands of the sheriffs. If the public was made aware of the atrocities that happen in there every day, it would be shut down.
November 18, 2008
8:21 p.m.
Suggest removal
innerexposure writes:
Well then maybe they should have turned down the money and not 'gone away' if they wanted to make an impact that much !! it was their choice to 'settle'. Maybe the people responsible would be held responsible if everyone wasn't so willing to settle on a $ amount and then 'go away'. It makes them, and everyone who does it, look like that for a certain dollar amount it's all justified and that it is about the money in the end.
November 19, 2008
3:48 a.m.
Suggest removal
roger44 writes:
The comments that say it's all about the money are so far off base it's pitiful. Good example of the "me" generation. One of the changes should be the way video is handled at the Jail. recorded to hard drive, and put in place safeguards so no can erase it. Send the signals off property to another location, and alarms can be installed in case a camera mysteriously goes out or fails to function. $3 million is a lot of money, but what if it was one of your family?
November 19, 2008
6:52 a.m.
Suggest removal
innerexposure writes:
What if it was one of my family members??? That's the first thing i thought of, and i would rather be dirt poor and spend the rest of my life fighting for those directly responsible to be held responsible (criminal charges) than take 1 million or 100 million.
those of us who think another lawsuit is wrong are all about the 'me' generation?? Yeah, it's not those who are willing to 'settle' , it's all the rest of us who would rather have justice than money, we're the one's with the 'problems'. Nice
November 19, 2008
12:28 p.m.
Suggest removal
Duckster writes:
Whinybabycophater writes: "How about people who have false accusations placed on them and end up in jail? Completely innocent people get injured in jail BECAUSE of the sheriffs. I know, I am one. My vision was destroyed at the hands of the sheriffs."
If you went to jail, it was because there was probable cause for the arrest. If you got injured while there, it's most likely because you did something to bring it on--probably a continuation of the same alcohol- or drug-induced behavior that got you locked up in the first place. But as the vast majority of us will never get arrested (because we're not drunk, stupid, or criminally-inclined) I'm not one to worry about the contentment of the small percentage of people who do get arrested because they are in fact drunk, stupid and/or criminally inclined.
Moral of the story: Stay out of jail and you don't have to worry about it. No one gets locked up for singing too loud in the church choir.
http://lagniappeslair.blogspot.com
November 19, 2008
3:42 p.m.
Suggest removal
milehighman writes:
On the contrary, I'm not a cop hater. Just a hater of corrupt police officers, corrupt DA's, and corrupt sheriffs deputies. This woman is dead and there is evidence that shows that this could have been murder. The city wants to sweep this under rug as fast as it can.
I was accused by an ex-girlfriend out of retaliation and spent 15 months in DCJ before they dismissed all charges, when it became painfully obvious to them that she had done this multiple times before. No charges were files against her for filing false reports, nor against the assailant who took my vision. (tell me there is justice) I do have a slam shut section 1983 case against the City and County of Denver if I want, but I'm not looking for a payday. I want justice and I want to put an end to what goes on inside our city and county jails. I paid out of my own pocket to have two operations to try and repair the damage to my sight, but it is destroyed for life. All because my ex stood under the blue shield and did everything they could to try and break me. It is absolutely dreadful what I went through, I know how emily felt on that cell floor with no medical attention until it was too late. I got out losing only my vision, Emily lost her life in there.
I'm done. I need to go throw up now.