Findings at odds with inmates in jail death

by Philip Ferolito
Yakima Herald-Republic

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Yakima County jail officials say a preliminary internal investigation into the death of inmate Gail Kindness contradicts accounts from inmates who said her repeated cries for help were taken too lightly.

Yakima County Department of Corrections director Steve Robertson said the jail’s investigation shows his staff responded properly to Kindness’ medical needs before her Aug. 16 death.

“The staff went after this as a full-out emergency and did everything they could to save this lady,” he said.

On Monday, Yakima County Commissioner Mike Leita defended the jail’s recent performance and said he believes the staff handled the tragic incident appropriately.

“I know they are professional,” Leita said of jail staff. “It’s my belief that we are professional and have made some significant improvements over there.”

Leita acknowledged that the jail has taken a hit with negative publicity over Kindness’ death, as well as last week’s incidents, including a stabbing and a suicide. He said the corrections staff has much improved in recent years and is vigilant about trying to keep the jail safe.

The jail launched an internal investigation after Kindness, 41, died while in custody on a prostitution charge. The autopsy and a toxicology report showed she died of a heart attack. She was the daughter of Yakama tribal leader Mavis Kindness.


Inmates who shared a cell with Kindness have told the Yakima Herald-Republic that she appeared sick as soon she was brought to the jail Aug. 14. Three inmates said she repeatedly asked for medical help and complained of being out of her heart medication, but that the jail staff didn’t seem to respond quickly.

Inmates said Kindness was so sick that at one point she was unable to get up. They also contended that a nurse didn’t seem to know what to do when Kindness fell in her cell.

Sgt. Scott Himes, who works at the jail and is investigating the death, said he found that Kindness was checked by a nurse when she was booked early the morning of Aug. 14, and that her vital signs appeared normal at that time.

Kindness told the staff she was having heroin withdrawals, but nothing about taking any heart medication, he said.

Himes said she did ask for medication, but nothing relating to a heart condition or drug withdrawals. Citing laws prohibiting the release of medical information, he said he couldn’t say what type of medication she requested.

Family members have told the Herald-Republic Kindness had heart problems and was on a methadone program trying to kick heroin.

According to Himes’ investigation, a nurse checked Kindness’ vitals later in the evening and scheduled her an appointment to see a doctor.

Chris Smith, who heads the Beginning Inmate Rehabilitation Program, a volunteer program that helps inmates with medical and other needs, said she called the jail a day after Kindness was arrested and told a jailer that Kindness needed blood pressure medication.

Himes said the jail has no record of Smith’s call.


Inmates said Kindness didn’t go to court the day after being jailed and refused a visit because she couldn’t get up.

But Himes said she appeared in court early that Friday morning. Jail records did show that she refused a visit from her boyfriend.

Himes said she repeatedly walked to the cell door and asked a nurse for medication.

A nurse told Kindness that the jail didn’t have the medication she requested, but that a doctor there had ordered her medicine to help her with drug withdrawal, Himes said.

He said he was told Kindness didn’t appear to have any trouble getting up.

On Saturday, her third day in jail, she was out in the yard about an hour before medical staff was summoned to her cell.

Before that, he said, she had a phone conversation with a bail bondsman.

“She seemed fine, she seemed coherent,” Himes said.

But shortly after 9:30 p.m., inmates heard Kindness gasp for air before she fell out of her bunk. One inmate pressed the emergency button.

Himes said it was the nurse — not inmates — who requested Kindness be pulled from between the two bunks where she had fallen.

After checking Kindness and finding she had a pulse but wasn’t breathing, the nurse left briefly to get oxygen, Himes said.

The nurse returned moments later with a second nurse and the oxygen. Himes said the other inmates in the cell were temporarily put into another cell before the nurse returned.

Inmates had said one inmate had taken the lead on helping Kindness and that the nurse seemed hesitant to do anything.

But according to jail officials, the nurse responded quickly and professionally.

“All this is happening in minutes’ time,” said Robertson, the jail director. “This is an incredibly short amount of time.”

Robertson said he was surprised the jail was publicly criticized by inmates who earlier thanked jail staff for their efforts to help Kindness. Himes showed thank-you cards to jail staff signed by several inmates.

“I feel we got the hosing of a lifetime, the staff did,” Robertson said, adding that public questions about the jail’s treatment of Kindness has been “just demoralizing.”

Robertson said only 10 minutes passed between the time inmates pushed the emergency alarm in Kindness’ cell and when an ambulance arrived to take Kindness to Yakima Regional Medical and Cardiac Center. There, she was pronounced dead.


• Phil Ferolito can be reached at 577-7749 or pferolito@yakimaherald.com.

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