Prison death from 2019 ends with settlement

CHARLESTON, W.Va. – A lawsuit against the state following the death of a North Central Regional Jail inmate in 2019 ended with an out-of-court settlement this week.

The state Department of Corrections and Rehabilitation reached a $1 million settlement with Zachary Bailey's family after the third day of testimony in his trial in Kanawha County District Court.

Bailey family attorney Jesse Forbes said the settlement offer came after shocking testimony from a former prison corrections officer.

“The prison officers came in and one of them admitted under oath that up to six guards pounced on Zachary for seven minutes, cutting off his air supply,” Forbes said during an appearance on MetroNews “Talkline” on Friday.

Forbes said a co-captain had Bailey, 26, in a chokehold.

“He was turning blue, pleading for air and begging her, 'Please stop. I can't breathe,' and begging her to stop,” Forbes said.

Forbes and his co-counsel Dante DiTrapano said Bailey had a medical crisis after being treated at the hospital the day of his arrest. He suffered a brief relapse into drug addiction. They said prison guards treated him excessively when he arrived at the prison.

DiTrapano said Bailey was put in a cell with 11 other inmates, where he kicked the door and caused a disturbance.

“They used completely excessive force. He laid on top of him and his legs turned blue in front of people,” DiTrapano said.

A former police officer said the case haunted him for five years. No charges have been filed in connection with the death.

“We cannot speak about what is happening or should be happening criminally, that is someone else's business,” Forbes said. “Our job was to try to get justice for this family.”

The plaintiffs could have chosen to reject the settlement and take the case to a jury, but DiTrapano said the family was ready to move forward.

“The family wanted closure and we weighed the options and they decided to accept the million dollars,” he said.

The Department of Corrections and Rehabilitation is covered by the state Board of Risk and Insurance Management (BRIM), which has a $1 million limit for these types of cases.

Forbes said the state fought the lawsuit for five years but changed its mind after hearing testimony.