McAuliffe signs bill on jail deaths related to Jamycheal Mitchell on same day Portsmouth prosecutor requests special grand jury into his death

In the name of Jamycheal Mitchell on Wednesday, the state’s highest elected official signed a bill in Richmond strengthening oversight of Virginia’s 60 local and regional jails, and a prosecutor in Portsmouth requested a special grand jury convene to investigate how the mentally ill 24-year-old wasted away behind bars.

The circumstances of Mitchell’s death 21 months ago at Hampton Roads Regional Jail have been reviewed, in whole or in part, by the jail itself, the Portsmouth Police Department, the Department of Behavioral Health and Developmental Services, the Office of the State Inspector General and the Virginia State Police. The U.S. Department of Justice is currently investigating the treatment of inmates at the Portsmouth-based facility.

Still, no information has been provided publicly that explains what led to Mitchell’s death. His family has said he was physically healthy but had been diagnosed with schizophrenia and bipolar disorder.

At the Virginia Department of Corrections on Wednesday, Gov. Terry McAuliffe ceremonially signed a bill that he said will ensure deaths at local and regional jails are fully reviewed by a panel of experts on a revamped Board of Corrections.

“I believe that their efforts will result in fewer deaths, better outcomes for incarcerated individuals, and a system of safe and accountable local jails all across the commonwealth,” McAuliffe said. “While we can never bring Jamycheal back, we can do everything in our power to make sure that no one ever faces what Jamycheal faced under those same circumstances.”

McAuliffe was joined at the ceremony by dozens of top administration officials, lawmakers and state employees. Mitchell’s family members, who had previously traveled to Richmond to lobby for reforms, were not invited to attend, according to their attorney.

The bill McAuliffe signed authorizes him to replace the existing members of the board with nine experts in particular areas, such as mental health care, jail administration and death investigations. The bill, which goes into effect July 1, also sets aside money for an investigator who will conduct jail death reviews.

McAuliffe said he will encourage the board to review the deaths of the half-dozen inmates who have died since the legislation was passed in late February.

“It was a very difficult situation after Jamycheal Mitchell’s death that nobody seemed to have responsibility or was willing to take responsibility of how this actually occurred,” McAuliffe said. “I’m proud to say that we did find consensus around this issue and the need for a consistent process to review jail inmate deaths.”

In April 2015, Mitchell was supposed to be transferred to a state mental hospital for treatment, but his initial paperwork was lost. A second batch, sent months later, was stuffed in a desk drawer by an “overwhelmed” admissions worker at Eastern State Hospital.

Mitchell’s name was never added to a waiting list of transfers from the jail to Eastern State. Instead, he was kept alone in a cell at the jail, losing so much weight he eventually died.

Stephanie N. Morales, the commonwealth’s attorney for the city of Portsmouth, on Wednesday requested the Portsmouth Circuit Court convene a special grand jury to look into Mitchell’s death. Her office did not provide any information about why she requested a special grand jury.

Morales has been studying the results of a Virginia State Police investigation into Mitchell’s death, but her office has not released further details about the state police inquiry. McAuliffe said Wednesday that he had not been briefed on the results yet.

State law allows a commonwealth’s attorney to request a special grand jury, which can investigate criminal activity and consider whether anyone should be indicted. A special grand jury consists of seven to 11 members who may subpoena people to testify and produce records. The proceedings are secret.

If a judge grants Morales’ request, she is allowed to be present during the special grand jury’s investigative stage and to question witnesses. Grand jurors also have the ability to question witnesses. Special lawyers or personnel may assist in the special grand jury’s investigation.

After numerous state agencies failed to get full answers about how Mitchell died, Morales last year asked for a Virginia State Police investigation. She asked for additional investigation in August after police turned over their preliminary findings.

Then in March she asked police to investigate new allegations surrounding Mitchell’s death.

Mark Krudys, the Richmond-based attorney representing Mitchell’s family, said of Morales: “We’re encouraged by the tenacity of her efforts.”

Mitchell’s aunt has filed a $60 million lawsuit in federal court alleging abuse and neglect on the part of the jail’s corrections officers and medical staff.

Hampton Roads Regional Jail Superintendent Ronaldo Myers, who is the fourth person to lead the jail in the past eight months, said the jail welcomes “as many investigations or inquiries as the appropriate federal, state and local authorities deem necessary. We will continue to provide our unfettered cooperation to all law enforcement authorities, as we continue to remain vigilant and as we continue to work tirelessly to get better.”

Gov. Terry McAuliffe said Mitchell never should have been in jail, and he supports the formation of a special grand jury because the state needs to know how he died behind bars.

“I’m not satisfied standing here today,” McAuliffe said. “I have no idea today why Jamycheal was put in jail for stealing less than $10 and the idea that he wasted away in prison — died of starvation — is shocking to me as governor, to be honest with you. So if we can get some more answers, I support it 100 percent.”

The Portsmouth Police Department conducted an initial investigation when Mitchell died, but the case was closed after the medical examiner issued her report that Mitchell died of extreme weight loss and heart problems. No one was charged.

State lawmakers assumed the Office of the State Inspector General was responsible for investigating jail deaths, but former State Inspector General June Jennings said her office lacked the authority.

The Department of Behavioral Health and Developmental Services looked into Mitchell’s mental health evaluations and the reasons why he was kept in jail instead of transferred to a state mental hospital, but the office didn’t review his treatment at the jail.

McAuliffe’s office and state Sen. R. Creigh Deeds’ subcommittee studying mental health services reached the conclusion that the Board of Corrections should review jail deaths, but board members were initially hesitant. The General Assembly passed a bill giving them the authority and resources during the last session.

“What’s lost sometimes is that the public has to have some confidence in its institutions, and the only way you have confidence is if you have transparency and you can see what went wrong,” Deeds, D-Bath, said during the bill-signing ceremony Wednesday. “That was lacking in this situation, but it won’t be lacking anymore because of this important bill.”