Saturday's Internet Edition, May 17, 2008.
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According to court documents, Davidson County and the family of Carlos Claros-Castros — a Thomasville resident and immigrant from Honduras who died after a beating from two Davidson County jailers — have reached a settlement agreement in the wrongful-death lawsuit filed against county officials. The joint motion for approval of the settlement was filed Jan. 4 at the U.S. District Court for the Middle District of North Carolina.
County officials reached for comment Friday said an amount of the settlement agreement could not be disclosed, but assured that the county’s insurance provider would cover the settlement.
Some of the defendants to be named in a 27-page lawsuit were: Sheriff David Grice; County Manager Robert Hyatt; detention officer Mike Shell and former officers Brandon Huie and Ronald Parker; and the county government.
“I just know they informed us, through our attorney, that a settlement had been made and it’s one that the insurance company was pleased about it,” County Commissioner Don Truell said Friday of the settlement. “That’s basically what I know about it.”
In a civil suit, the family was seeking $100 million from the county — half of being compensatory damages and the rest in punitive. Due to a cap from the county’s insurance provider, it appears the settlement will be lower than $4 million. A final hearing to approve the settlement by a federal judge is pending.
Claros-Castros had been arrested on a drunk driving charge in Thomasville on Jan. 6, 2006. The following night — while being held at Davidson County Jail — he was reported to have become unruly after not being able to reach a family member on the telephone to bail him out.
After being placed in a restraint chair, he was moved to a cell by himself and asked to mop the floor. Officers told Claros-Castros to mop the floor and he refused.
Huie, a former sergeant, then entered Claros-Castros’ cell and got into a physical altercation with him, eventually using a taser and pepper spray in attempts to subdue him. Parker, a former lieutenant, came to assist Huie upon learning of the altercation and became involved. The Thomasville resident, who worked at Elizabeth’s Pizza, died sometime during the struggle and was later pronounced dead at Lexington Memorial Hospital.
Parker and Huie were both removed from their jobs by the Davidson County Sheriff’s Office and plead guilt to second-degree murder charges.
“I think it bothered the sheriff the way it turned out,” said Truell, a former Thomasville police chief and mayor. “There are times when you have to go in there and subdue a prisoner for one reason or another. I guess it’s hard to know if you are using enough force or too much force.
“It was one of those times that it kind of backfired. I was in law enforcement for 30-some years. I know it’s a bad situation to be in.”
Two autopsies revealed that the cause of the death was a severe blunt force trauma and asphyxiation, while citing numerous skull fractures.
“It was an unfortunate thing,” Truell said. “The two deputies who were involved received a sentence out of it. I don’t think they went in there to do anything wrong. It was unfortunate the way it turned out. They were trying to subdue the guy and maybe used to much force.”
Grice and Hyatt would not comment on the case and all phone calls were being referred to him, Hedrick said. An attempt to reach Richard Summers, an Atlanta attorney representing Claros-Castros’ brother Jose Donaldo, and Greensboro attorney Bill Hill, who is representing Davidson County, were not returned Friday at press time.
Davidson County Attorney Robert Hedrick, however, said Friday that the settlement was within the insurance coverage, and county officials are happy that the case is possibly coming to an end.
Truell echoed that statement.
“I think it is a relief to have it behind us,” he said. “I wish it would have never happened. I am sorry for the families, but hopefully we can all now move on to something else. Hopefully it won’t happen again.”
Staff Writer Darrick Ignasiak can be reached at 472-9500, ext. 231, or ignasiak@tvilletimes.com.