LAS VEGAS (AP) 鈥� The family of a after he was pepper-sprayed, shackled and restrained is disputing the official account of his death in a coroner's report while also accusing prison staff of excessive force and destroying video evidence.
A lawsuit filed this week in Clark County District Court says Patrick Odale wasn't acting erratically and 鈥済rowling鈥� at officers, as the coroner's report states, but was suffering from an asthma attack when he approached prison guards in December 2023 at Southern Desert Correctional Center, a mostly medium-security facility near Las Vegas.
Instead of helping Odale, the lawsuit alleges, officers pepper-sprayed and beat him and restrained him with his face to the ground. The 39-year-old was pronounced dead soon after.
The lawsuit alleges the Nevada Department of Corrections and its director, the prison warden, correctional officers and other prison staff engaged in a broad conspiracy that it says sought to cover up the extent of Odale's injuries and the officers' use of force.
鈥淧atrick endured a prolonged and painful death,鈥� the lawsuit says.
It also names the Clark County coroner's office and the medical examiner who performed Odale鈥檚 autopsy, saying the autopsy report downplayed Odale's injuries while overstating the role that drugs found in his system played in his death, which was ruled a homicide.
Both the county and the state Department of Corrections said Wednesday they can't comment on pending litigation.
Coroner's report says drugs were a factor
The coroner's report, which was finalized in August 2024, said Odale died of 鈥� in the setting of law enforcement restraint." But it also said he had low levels of methamphetamine and an animal sedative in his system, and that the drugs were a 鈥渕ajor contributor鈥� in his death.
The lawsuit raises questions about the medical examiner's decision to list the drugs as contributing to his death, but not Odale's other injuries.
Autopsy photos included in the lawsuit show purple bruises across Odale's shoulders and upper back, as well as on his wrists, arms and lips. The coroner's report describes the injuries as 鈥渕inor blunt force trauma," while the lawsuit says they were 鈥渃ritical injuries.鈥�
Odale, a father of two, was sentenced in early 2023 to up to two years in prison for possessing a stolen credit card and attempting to carry a concealed weapon, court records show. He died weeks before he was set to be released from custody.
鈥淲e were counting down the days. Instead of welcoming him home, we mourned his death and had no chance to say goodbye,鈥� his 15-year-old daughter said in a statement provided by Return Strong, a group advocating for people who are incarcerated.
According to the coroner's report, officers said Odale was 鈥渆rratic and growling鈥� at them on the night of his death, leading them to pepper-spray him and put him in a storage room with yard tools for several minutes until he began 鈥渢hrashing the room." Then officers pulled him to the ground, restrained him and took him to the prison infirmary, the report says.
Lawsuit says he begged for medical attention
But the lawsuit claims that other inmates who witnessed the incident reported hearing Odale begging for medical staff and saying he couldn't breathe. The inmates, according to the lawsuit, also reported seeing guards smash Odale's head into a steel door frame after pulling him out of the storage room.
Some of the altercation was captured on security video, the coroner's report shows, but it also indicates that there may be a gap in the footage.
The footage, as described by the autopsy report, shows Odale groaning as he is taken to the infirmary. He is face-down with his hands shackled behind his back. Then, the autopsy says, 鈥渁fter a gap, video coverage resumes,鈥� showing prison staff performing CPR on an unresponsive Odale.
The corrections department has not released any of the video to Odale's family or the law firm representing them, said James Urrutia, their lawyer.
Urrutia is also representing the family of another inmate, Christian Walker, who died after he was beaten by guards at High Desert State Prison near Las Vegas. disputes the coroner's report in that case and accuses prison staff of trying to cover up the death.
Walker鈥檚 face was swollen and smeared with blood when he died in custody in April 2023, according to an unredacted copy of his autopsy obtained by the AP. He also suffered head trauma and other injuries to his torso, neck and extremities.
The medical examiner in Walker's case concluded it was a natural death caused by heart problems.
Rio Yamat, The Associated Press
