Jail Death blamed on psychiatrist, lawsuit in works

As seen in this report.

After a state report found that an inmate's death at the Herkimer County jail nearly one year ago could have been prevented, the inmate's brother is planning to sue the county.

Michael DiCamillo, 38, died June 30 from cardiac arrhythmia due to an overdose of prescription medication while he was incarcerated at the jail on a resisting arrest charge, according to a report filed in March by the state Commission of Correction.

In the report, the commission noted that DiCamillo had multiple medical problems that required a lengthy list of medications. As days passed, jail staff failed to address DiCamillo's worsening condition, which included profuse sweating and trouble walking, the report stated.

Herkimer County Sheriff Chris Farber and Herkimer County Attorney Rob Malone declined to comment, however, as the matter now faces litigation.

"DiCamillo's death is attributed to a community psychiatrist who prescribed a dangerous level of medication and failed to adequately monitor for compliance, and to jail medical personnel who failed to recognize signs of medication overdose," the report stated. "DiCamillo's death could have been prevented had proper medical intervention been provided when he began showing signs of acute intoxication."

On Wednesday, the inmate's brother, Matt Gabriel, held a deposition hearing in Herkimer County in anticipation of filing a lawsuit in U.S. District Court after 30 days so that Herkimer County realizes the mistakes it has made, he said.

"I don't want to see this happen again to someone's family," Gabriel said. "I'm very angry. It's something that definitely could have been prevented if they just would have done something."

Attorney Elmer Keach of Amsterdam is representing DiCamillo's estate. He said the state's report shows the jail lacked written medical procedures and used correction officers to medically diagnose inmates.

"If you had a medical problem like that, would you want to be treated like that? They made no effort in this jail to even call a physician," Keach said. "He goes in there on these really minor criminal charges and he winds up dead."

According to the report, one correction officer made no referral of DiCamillo's questionable health after he was observed sweating profusely while sitting on the floor. DiCamillo said, "I'm alright, man," and the correction officer noted housing temperatures were very warm at the time.

The next morning, DiCamillo had difficulty moving "due to his many medical problems and that this was normal for him," the report stated. Although DiCamillo said he was unable to move to visit the nurse, a lack of communication instead led the nursing staff to note that he refused to be seen.

Correction officers continued to assess DiCamillo's condition after several falls, even though they are not qualified to do so, according to the report. By that day's afternoon, DiCamillo was found dead in his cell.