CALDWELL, Texas — The family of Chester Jackson Jr. announced Monday they have filed a lawsuit against the City of Caldwell, former Burleson County Sheriff Thomas Norsworthy, former Caldwell police officer Robert Riley Baucom and others. Jackson was left on life support after being arrested and brought to the Burleson County Jail. KAGS was first to obtain video of Jackson being pushed to the ground by Baucom, something he was later indicted on by a Burleson County Grand Jury.
"He (Jackson) continues to improve," U.A. Lewis said. "He's still under a doctor's care and he remains stable." Lewis is representing Jackson and his family. In the lawsuit, Lewis points out the arresting Burleson County deputy, John K. Bennett, had not been trained properly to recognize Jackson was not intoxicated, but he was actually suffering from a mental health crisis.
"Chester was taken into custody when he should not have been," Lewis said. "He was not able to communicate effectively and the arresting officer, John Bennett, identified it as a PCP intoxication. That's a dangerous street drug that was never found in his system."
Here are the claims in the lawsuit:
On April 19, 2019, Jackson's family called for help after they said he was suffering a mental health crisis. KAGS also obtained that video, showing his family trying to talk to law enforcement and saying he needed to go to a mental health facility in Houston to receive treatment.
However, Deputy Bennett lacked training, according to the lawsuit, and instead arrested Jackson for public intoxication and accused him of being on PCP, a street drug. Lewis claimed PCP was never found in Jackson's system.
Jackson was later brought before Judge Robert Urbanosky for a magistrate hearing. A magistrate hearing is done to determine if there is probable cause for a criminal charge. According to the lawsuit, Urbanosky told Jackson "he had a rope for guys that act like Chester."
Jackson's family said when they went to the Burleson County Jail to pick him up, they were told Jackson couldn't be released to their care because he was too "dangerous" and having a "mental health crisis." According to the lawsuit, Jackson was put in a jail cell that had a long metal cord hanging from the ceiling, along with a metal rod, implying if authorities thought he was suffering a mental health crisis, he should not have been housed in those conditions.
On April 20, just before 11:30 p.m., the lawsuit states Caldwell police officer Robert Riley Baucom came into Jackson's cell. Jackson was seen on jail surveillance video as being handcuffed and shackled. Shortly after getting to a new cell, Jackson was seen on video on the ground. He was then picked up by Buacom and then "shoved" to the ground. Jackson is then seen falling back and hits his head on a metal toilet. Baucom can be heard on the video saying "you fell" to Jackson.
Despite what happened, there is no paperwork to confirm that Jackson was seen by a doctor or medical personnel at the Burleson County Jail. He had never been cleared medically, according to the lawsuit.
Just after midnight, Jackson signed paperwork that should have allowed him to be released, according to Lewis. Paperwork obtained by KAGS shows he had agreed to time served. On April 21, Jackson was transported by two Burleson County deputies to Cross Creek Hospital in Austin, a psychiatric hospital. KAGS also obtained that video, which shows him to be non-violent.
Lewis said because there was no mental health warrant signed by any party, Jackson was being held illegally. At this time, Jackson can be seen on the video demanding to be released. According to a later 911 phone call, hospital staff admitted to a dispatcher that he had been given a sedation cocktail and put in a "hold" at Cross Creek Hospital for about "5 minutes."
When he was released from the hold, Lewis said Jackson was unconscious and he went into cardiac arrest and was taken to the hospital, where he was later placed on life support.
The Investigation:
The lawsuit claimed no one contacted Jackson's family, despite knowing they were waiting for his release to take him to the mental health facility in Houston. The lawsuit also claimed no one from Burleson County contacted anyone in the Jackson family to tell them he had been taken to Austin. The family was notified on April 22 that Jackson was on life support.
On May 21, 2019, the Texas Rangers began its investigation into what happened at the Burleson County Jail. That investigation, according to the lawsuit, uncovered the comments made by Judge Urbanosky in regards to having a "rope" for Jackson. The investigation also concluded that Caldwell Officer Robert Riley Baucom assaulted Jackson and Baucom was put on paid leave. The indictment stated Baucom knowingly mistreated Jackson, who was restrained at the time.
The Burleson County District Attorney's Office charged Baucom with official oppression, a misdemeanor charge. He pleaded "no contest", a term which allows Baucom not to admit guilt, but is treated as a criminal conviction by the court. It is important to point out that by pleading "no contest", it cannot be used against Baucom as a guilty plea later in a civil case such as the one brought before him with this lawsuit.
Baucom was sentenced to one year deferred probation and paid $750 in fines. He also had to pay court costs and a Crime Stoppers fee, as well as do 75 hours of community service. He also had to surrender his peace officer's license, which means he won't be able to work as a law enforcement officer again.
Jackson Charged
The Burleson County District Attorney's Office also charged Jackson with felony assault of a public servant. Authorities claimed he bit the finger of an officer while at the Burleson County Jail. The lawsuit claims one of the officers Jackson possibly assaulted also failed to "intervene" or report "excessive force" when Baucom "shoved" Jackson in the jail cell.
That case remains active at this time.
Are there Missing Documents?
KAGS learned back in May of 2019 there are no records of Jackson's supposed plea or records that a jail sentence was handed down, inside his file at Precinct 4, according to the Justice of the Peace's Office.
Records only exist for Jackson's public intoxication citation, a Class C Misdemeanor, and do not show any further action beyond deputies issuing the citation, according to Officials with the Justice of the Peace Office.
The Justice of the Peace for Precinct 4, Robert Urbanosky, said the records may be with another Judge who handled Jackson's case or with the county jail. The judge said this does not typically happen, but has happened before.
KAGS contacted another Justice of the Peace Office who may have the documents. Representatives for that office said they could not comment on an "active investigation," before KAGS reporters could express which investigation they were calling about. After KAGS reporters explained it was about the Chester Jackson case, the representative said the judge would not comment and unexpectedly ended the call.
As of now, KAGS cannot say with certainty that the records exist or that Jackson entered a guilty plea. KAGS has filed an open records request for the documents.
What Happens Now?
The following claims have been filed in the lawsuit:
- Malicious Prosecution
- Jackson was charged and prosecuted for public intoxication, however, his family said he was having a mental health crisis.
- Illegal Seizure (Violation of 4th Amendment)
- Jackson was illegally arrested and held illegally. Despite signing a document stating he had served his time, the Burleson County Jail continued to hold him.
- Excessive Force
- Caldwell officer Riley Baucom pushed Jackson to the ground while Jackson was in handcuffs and shackles. The push caused Jackson to lose his balance and hit his head on a metal toilet. The next day, Jackson was in intensive care.
- Failure to Provide Medical Care, Delay in Medical Care
- Jackson did not receive medical care after hitting his head, nor was he cleared by any medical personnel at the Burleson County Jail.
- Negligent Hiring
- Baucom was allowed to engage in jobs "above and beyond what his license allowed for as a peace officer." Lewis said Baucom never should have been allowed in the cell with Jackson because he wasn't properly trained for jail inmates.
- Failure to Train
- Deputy John Bennett lacked mental health training and did not consult medical personnel to rule out a possible mental health break. Lewis said Bennett lacked training by Burleson County because he did not know the difference between someone being under the influence of drugs and having a mental health crisis.
- Caldwell officer Riley Baucom had been allowed to "act as a jailer" at the Burleson County Jail, despite not being trained, licensed by the state or even an employee of the jail. Lewis said if Baucom had been allowed to "roam free", the county had a duty to train him properly on the use of force.
- Failure to Supervise
- Lewis said several documents on Jackson's detainment at the jail have gone missing or are "unaccounted for."
- Baucom, who was not licensed to be acting as a jailer for Burleson County, nor was he trained, should not have been allowed to be there when he did not have a reason to be there.
- ADA & Rehabilitation Act Claims
- Law enforcement failed to accommodate Jackson and his mental health disability. He suffered injury while at the jail but was refused medical or mental health treatment.
What the Jacksons Want from the Lawsuit:
- The following people are included on the lawsuit:
- Robert Baucom (Former Caldwell Police Officer)
- Deputy John K. Bennett (Arrested Jackson, from Burleson County)
- Thomas Norsworthy (Former sheriff of Burleson County, resigned Nov. '19)
- City of Caldwell
- Burleson County
The Jackson family is seeking damages in this case, although an amount has not been disclosed. They are seeking "equitable relief" and an apology from the City of Caldwell as well as Burleson County for what happened to Jackson. They also want more training and policies in place.
"We want to make sure there is a mechanism to weed these individuals out," Lewis said, in regards to Baucom losing his license and the resignation of Norsworthy. "We want to make sure people are properly trained and supervised when they're in these agencies. Success means Chester is compensated for the civil rights violations. it means it never happens again."
See our interview with attorney U.A. Lewis here.
MORE STORIES ON CHESTER JACKSON JR FROM KAGSTV.COM:
- NEW DETAILS: Chester Jackson claims sexual assault while in custody
- Chester Jackson Jr. indicted; Caldwell police officer also charged
- Chester Jackson brought before two judges in Burleson County Jail, per new documents
- Chester Jackson given sedatives and found not breathing, per newly uncovered 911 call
- Chester Jackson Jr’s lawyer calls on Burleson County and Caldwell to “follow the law”
- Exclusive: Chester Jackson's family pleads for him to get help in newly obtained arrest video
- First on KAGS: Video shows Caldwell police officer physically restraining Chester Jackson in Burleson Jail
- Caldwell Police officer on leave in connection with former Burleson inmate in ICU, but questions continue