Settlement reached in McGuire death suit [Kokomo Tribune, Ind.]

Feb. 17—The city of Kokomo and the estate of a Kokomo man who died while in police custody have reached a settlement, avoiding bringing the yearslong legal battle in front of a jury.

The Estate of Tavaris McGuire, represented by McGuire's mother Constance McGuire, received $78,750 from the city's insurance company Intact Insurance, according to a settlement agreement between the two sides, which was obtained by the Tribune through a public records request.

Due to the settlement, the estate's case against the city was dismissed with prejudice, meaning the estate's claims can't be brought back to court.

The settlement is not an act of admission of any guilt from the city, the settlement and Kokomo City Attorney TJ Rethlake notes.

"We adamantly denied the allegations and claims, but the insurance company decided to settle it, and that's the power they have," Rethlake said.

A request for comment sent to the estate's attorney Caroline Briggs was not returned.

The dismissal was finalized in late January, a few months after Chief Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana denied the defendants' — Kokomo Police officers Aaron Tarrh, Jeramie Dodd, Richie Sears and former Police Chief Robert Baker — claim of qualified immunity and motion for summary judgment.

The defendants, in a brief, argued the court should grant them summary judgment because "(c)onsidering the totality of the circumstances, the individual officers act(ed) reasonably when they called for an ambulance within five minutes of McGuire's change in behavior."

Pratt, however, ruled there was a significant enough dispute of whether or not the officers acted reasonably that it should be left to a jury to decide.

Pratt ruled similarly on the qualified immunity question, stating there were enough "material facts in dispute" on whether or not the officers violated Tavaris McGuire's Fourth Amendment rights and that of Tavaris McGuire's death, "it was clearly established that 'providing no medical care in the face of a serious health risk;' violates the Constitution."

In early December, after Pratt's denials, the defendants filed a notice that they would be appealing her ruling. On Dec. 22, a notice was filed to the court that a settlement between the two parties had been reached.

HOW WE GOT HERE

Tavaris McGuire, 21, died Feb. 4, 2017, inside the St. Vincent Kokomo emergency room as a result of an overdose shortly after being arrested during a traffic stop. An autopsy and toxicology report revealed McGuire had ingested methamphetamine prior to being taken into custody by the KPD officers.

The family of Tavaris McGuire filed a federal lawsuit in 2019, alleging officers failed to give him adequate medical care in a timely fashion and, among other charges, violated his Fourth Amendment Rights. The officers, in subsequent court filings over the last few years, have denied any wrongdoing.

According to court documents, a vehicle Tavaris McGuire was in was pulled over by police at 11:55 p.m. Feb. 3, 2017. Tavaris McGuire would soon be arrested after police found 11.6 grams of methamphetamine on him, arriving at the Howard County Jail at 12:24 a.m. Feb. 4, 2017. He showed no apparent signs of impairment or distress. Tarrh noticed Tavaris McGuire was nervous and shook during the traffic stop.

But at 12:54 a.m., Tavaris McGuire, according to court documents, began to fidget, and he removed his shirt and leaned over to get a drink of water from the water fountain two minutes later. At 12:58 a.m., Tavaris McGuire knocked his head on the book-in counter.

The change in behavior, according to court documents, was noticed by jail staff and the arresting officers, and they began to ask Tavaris McGuire questions to determine "why he was acting so strangely."

It was then determined by the officers that Tavaris McGuire needed to go to the hospital. At approximately 1 a.m., Dodd radioed for an ambulance, which arrived by 1:04 a.m. and paramedics were with Tavaris McGuire at 1:08 a.m.

Despite life-saving measures, Tavaris McGuire was pronounced dead at 1:54 a.m. at the hospital. His death was determined to be an accidental methamphetamine overdose.

The estate has argued in past court filings that the officers' decision to call in the ambulance instead of driving Tavaris McGuire to the hospital, which is just down the street from the Howard County Jail, cost Tavaris McGuire precious time in receiving medical care.

But the officers argued Tavaris McGuire showed no apparent sign of needing medical attention until 12:54 a.m. when he began to fan and take off his shirt. Even then, they argue, it wasn't yet clear what was wrong with him, let alone that Tavaris McGuire ingested methamphetamine and was overdosing.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.

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