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North Carolina Department of Health closes investigation into deaths at Henderson County Jail

ASHEVILLE – The North Carolina Department of Health and Human Services has completed its investigation into the death of an inmate at the Henderson County Detention Center and found no deficiencies.

Alan Green, 42, of Hendersonville was arrested on June 25 and held on $80,000 bail on a charge of attempted second-degree sexual abuse. Eight days later, Green was “found in distress” at 2:18 a.m. on July 3, according to a DHHS inspection report obtained by the Citizen Times.

Jail officers are required by state guidelines to make irregular rounds, observing each inmate twice in 60 minutes, with no more than 40 minutes between rounds. The last surveillance round during which Green was seen alive was at 1:55 a.m. on July 3, according to the Henderson County Jail death report sent to DHHS and obtained by the Citizen Times.

Green died in prison at 2:33 a.m., five minutes after he was found in a state of great distress, according to the DHHS investigation report.

The Henderson County Sheriff's Office, which maintains and operates the jail, filed a death report with DHHS — the state agency that oversees jail compliance — on July 3, as all jails must do within five days of a death in custody. Sheriff Lowell Griffin told the Citizen Times on Aug. 16 that his office notified DHHS “within hours of the event.”

Previous reporting: Inmate dies in Henderson County Jail; NCDHHS records show history of failed inspections

DHHS conducted a three-hour investigation of the detention center on July 24 to determine whether correctional officers acted in accordance with state law and whether there were any deficiencies in the prison that may have contributed to the death.

“The compliance investigation did not identify any deficiencies,” the report states. “No further action is required at this time.”

The investigation cited the prison death report, which “stated that the manner of death was given as natural.”

The Citizen Times was unable to reach Green's family for comment.

Sheriff: “The prison staff did everything they could”

According to Griffin, Green was a resident of a nursing home before his arrest and had pre-existing medical conditions.

“We have prison medical staff and he was treated by specialists outside the prison,” Griffin told the Citizen Times on August 16. “He died and was discovered by prison staff during their routine checks and immediately called for medical attention.”

“I am confident that the prison staff did everything they could to ensure Mr. Green's well-being. From the outside, I see nothing that could have been done.”

Griffin added that Green was incarcerated on “very serious charges” and the court ruled that he must remain in custody to ensure his court appearance. The sheriff said it is “not unusual” for the sheriff's office to transport inmates to and from medical facilities while in custody, citing a recent example of a person who developed an illness while in jail.

“The reason (a transfer to the hospital) was not possible is because the treating physicians obviously saw no reason for him to be hospitalized,” Griffin said of Green.

The Citizen Times requested Green's autopsy report twice and asked DHHS for an update on the investigation on August 16.

“No individual reports and information will be released by the NC Office of the Chief Medical Examiner prior to case closure… Each death investigation conducted by the OCME has its own unique facts and circumstances, and the time it takes to complete a case can vary based on a number of factors,” spokeswoman Hannah Jones said.

Although the DHHS investigation at the Henderson County Jail was completed on July 24, the Citizen Times did not receive the report and confirmation of its completion until August 14, after making multiple inquiries before Green's death was first reported.

More: Cause of death of inmate in Henderson prison determined; had only recently been convicted

The first request was sent to DHHS on July 31, asking for a copy and confirmation that the investigation was completed.

“The compliance investigation into the 2024 death is ongoing,” spokeswoman Sara Maleski said by email on July 31. “We will provide documentation as soon as it is available.”

“Seems natural”: Cause of death still not officially clarified

That same day, a request was sent to Henderson County Sheriff's spokeswoman Stephanie Brackett asking if the jail had filed a death report, whether the state agency had completed an investigation and whether a cause of death had been determined.

“The death appears to have been of natural origin, but the official cause of death has not yet been determined as we await the results of the autopsy report,” Brackett responded via email on August 1.

“The inmate death report form for DHHS has been completed. You will need to contact the state prison inspector for information on this. This incident is still considered an active investigation and the sheriff's office will have no further comment at this time.”

On August 8, the Citizen Times asked DHHS if the investigation was complete, but received no response.

On August 9, another request was sent to Brackett, asking if the information previously provided by the sheriff's office was still accurate, if the family had been notified, if there was any indication that Green was in poor health in the days leading up to his death, and if his death could have been prevented in any way.

“Per my previous response, the Sheriff's Office has no further comment on this incident,” Brackett wrote on August 9.

The Citizen Times responded the same day, asking again if the information provided by the sheriff's office on August 1 was still accurate and if the investigation was still ongoing. No response was received.

More: SBI: Henderson County deputy arrested and charged with off-duty shooting

More: Henderson Sheriff's Office and Judge Ask for Federal Civil Rights Violation Lawsuit to Be Dismissed

Ryley Ober is a public safety reporter for the Asheville Citizen Times, part of the USA Today Network. You can email her at [email protected] and follow her on Twitter at @ryleyober.

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