AUSTIN, Texas (Legal Newsline) — The family of an inmate who was fatally shot by a jail security guard while in the ER is claiming wrongful death.
Beverly Wright, as wrongful death beneficiary, and Isabel Olivo Salinas, as next friend of minor child X.J. W., a wrongful death beneficiary and heir to the Estate of Joshua Wright, filed a complaint July 27 in the U.S. District Court for the Western District of Texas against Isaiah Garcia.
According to the plaintiffs' complaint, Joshua Wright was experiencing a "mental health crisis" and medical emergency while at the Hays County Jail in San Marcos, Texas, on Dec. 11, 2022.
They claim that Wright was taken to the emergency room and was being guarded by a Hays County jailer. The plaintiffs further claim that Wright's handcuffs were taken off so he could use the restroom around 11 p.m. but he was still in irons. They allege that after exiting the restroom, Wright pushed past the guard and moved down the hall, which caused the guard to fire his weapon several times at Wright, who was unarmed and in shackles, with the final shot penetrating his lung.
The plaintiffs claim Wright was pronounced dead at 12 p.m. the next day and suffered significant blood loss and terrible pain. They allege the guard continued to fire at Wright despite Wright being incapacitated instead of physically trying to restrain him without deadly force.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jeff Edwards, David James, Lisa Snead and Paul Samuel of The Edwards Law Group in Austin and Rebecca Webber of Webber Law in Austin.
U.S. District Court for the Western District of Texas Austin Division case number 1:23-CV-864