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National mental health organization, state organizations call for Department of Justice investigation into death of Jamycheal Mitchell

Virginian-Pilot (Norfolk, VA) - 6/6/2016

June 06--PORTSMOUTH

The U.S. Department of Justice needs to investigate the death of Jamycheal Mitchell in the Hampton Roads Regional Jail because of "egregious problems" with the way multiple agencies operated before and after his death, several state and local advocacy groups say.

The National Alliance on Mental Illness of Virginia, the ACLU of Virginia, the National Alliance on Mental Illness of Hampton-Newport News, Mental Health America of Virginia, the Portsmouth Branch of the NAACP, the National Alliance on Mental Illness, and The Judge David L. Bazelon Center for Mental Health Law all signed the letter to the Department of Justice.

"We are extremely concerned about the likelihood of future deaths if the problems are not remedied," states the letter.

Mitchell, 24, was found dead in his cell Aug. 19 with feces on the walls and urine on the floor. He initially was arrested in April 2015 on charges that he stole $5 worth of snacks from a convenience store that he mistakenly believed was owned by his father.

A lawsuit filed in May by Mitchell's family claims he was beaten, starved and treated "like a circus animal."

FBI Spokeswoman Christina Pullen said in May that the bureau is aware of the situation involving Mitchell and is evaluating the circumstances around his death to determine whether a federal civil rights investigation is warranted.

Portsmouth Commonwealth's Attorney Stephanie Morales has asked the Virginia State Police for a criminal investigation into Mitchell's death.

State Police say they have started an "inquiry" into the death but have yet to decide whether to fully investigate.

Two state agencies have issued reports on the death: the Virginia Department of Behavioral Health and Developmental Services and the Office of the State Inspector General.

Both concluded that a series of failures led to Mitchell remaining in jail instead of being transferred to a state mental health facility for treatment. Neither looked into what happened inside the jail itself.

Regional jails in Virginia are run by boards made up of local sheriffs and officials whose municipalities use them. Representatives from Norfolk, Portsmouth, Chesapeake, Hampton and Newport News are on the Hampton Roads Regional Jail Authority.

On April 29, 2015Portsmouth General District Judge Morton V. Whitlow ordered Mitchell be evaluated for participation in a jail diversion program that would have put him into treatment and gotten him out of jail.

Mitchell was assessed by the local community service board. He was found to be eligible for the program but, because he requested services from Virginia Beach, he was listed as having refused the treatment and had to stay in jail.

On the same day as the evaluation Portsmouth City Jail health care providers described Mitchell as continuing to be psychotic.

In early May, he was transferred to Hampton Roads Regional Jail, where he would die. He weighed 182 pounds when he arrived at the jail, the lawsuit claims. He weighed 144 pounds during a post-death examination.

A judge ordered Mitchell be sent to Eastern State Hospital to be restored to competency to stand trial twice. The hospital said it had no record of receiving the first order. An Eastern State employee put the second order into a drawer, where it remained until after Mitchell's death.

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