Colorado man's jail cell death sparks lawsuit; "There was intent to punish," says lawyer
At this time a year ago, Michael Burch, 69, was arrested on menacing and harassment charges in Colorado's Huerfano County and walked into the county jail. He never walked out. His death in the jail, which his lawyers described as "torture" and excruciating, has now prompted a federal lawsuit.
"I have never seen in my 20 year career a man languish and slowly die to death over eight days as they cover up his cell and ignore him," said Qusair Mohamedbhai, one of the lawyers representing Burch's estate, which filed a federal lawsuit this week against the Huerfano County Sheriff and a number of other entities who the attorney says contributed to Burch's death. "It's the slow, painful death of a man in a cage," said Mohamedbhai, "which I have simply never seen in Colorado before."
Burch had served as a corrections officer in California for 23 years prior to moving to Colorado. He lived in Walsenburg but had recently been acting strangely, according to those who encountered him, and he appeared to be suffering from mental health issues.
He was arrested on March 25, 2023, for felony menacing and harassment stemming from an incident in which he approached some strangers at their home, spoke in nonsensical terms and swung a rubber mallet.
At the Huerfano County Jail, a staff member provided him with a pencil to draw and take notes. But on March 28, other staff members said he could not have the pencil in his cell as it could be used as a weapon against jail staff, or he could harm himself with the implement. A jail captain and lieutenant opened Burch's cell door, leveled a taser at the prisoner, and the lieutenant told him, "Drop it or we will drop you." When Burch didn't drop the pencil, a taser was deployed, followed by the lieutenant going "hands on" and roughly taking the 5'9," 167 pound Burch to the ground. Burch apparently fell into a steel bench in the cell on his way to the ground, breaking six ribs, according to an autopsy report.
On bodycam video, Burch can be heard moaning after the takedown, "Help me dad, help me mom." When local paramedics arrived, they did a cursory check on Burch, and he told them, "My ribs are crushed." He asked to be taken to the hospital because he said his right side was crushed. "Pain is really coming. Get me out of here," he told paramedics.
But he was not transported to a hospital, only to an adjacent cell. His attorneys say over the next week, the only medical attention he received was a telehealth appointment with a nurse who mostly discussed his mental health issues.
At one point, jail video picks up audio of Burch repeatedly calling out from his jail cell, "Help, help, help."
Mohamedbhai said, "It's the slow painful death of a man in a cage, which I simply have never seen in Colorado before."
Early on the morning of April 4, a jailer found Burch dead on the floor of his jail cell.
"Oh, this guy's frozen, bro," he called out. "He's dead."
An autopsy report found Burch died "as a result of blunt force trauma to the chest and abdomen. These injuries were incurred when the decedent was tased and wrestled to the ground by law enforcement striking his right chest and flank at the Huerfano County Jail."
The autopsy report also noted that Burch had six broken ribs, matching his earlier complaints.
"This isn't an oopsie," said Mohamedbhai. "This isn't an 'I wish we'd trained you better.' You simply can't train this kind of humanity that's necessary," said the attorney.
He said he didn't believe anyone was disciplined for what happened to Burch, but that the lieutenant who wrestled Burch to the ground was later promoted.
An attorney representing the Huerfano County Sheriff's Office said the office had no comment on the lawsuit or what had occurred. The District Attorney declined to file criminal charges against anyone involved in the incident that led to Burch's death, saying he likely could not overcome self-defense claims from jail personnel.
According to the attorneys representing the Burch estate, "The details of Mr. Burch's death serve as a stark reminder of the systemic issues within detention centers, where neglect and abuse too often go unchecked. His case raises serious concerns about the treatment of vulnerable individuals in custody, particularly those experiencing mental health crises. It underscores the urgent need for reform in how law enforcement and medical personnel respond to detainees in distress, ensuring that no one else endures the same fate."
