BUFFALO, NY - India Cummings death is now being investigated by the New York State Commission of Correction. The woman was an inmate at the Erie County Holding Center, but her death is not considered an in-custody death.
Cummings, 27, was from Rochester, but had been living in Lackawanna. According to her family's attorney, Cummings behavior on the day of her arrest on February 1 was out of the ordinary.
It is believed she smoked synthetic marijuana which can lead to violent behavior. "She called police saying she was short of breath, allegedly when police showed up, she then took someone's vehicle, carjacking if you will, then led police on a chase and then she was taken into the holding center."
Erie County Sheriff's spokesman Scott Zylka told 2 On Your Side's Claudine Ewing, that "the Sheriff has stated in the initial review that he feels very confident she received the appropriate amount of attention and the appropriate care." All inmates receive a full evaluation when they enter the jail.
The medical examiner's report is still considered pending. While the lawyer says India had "a broken arm, broken ribs, severe dehydration, a blood clot in her leg that would have required the amputation of her leg, and her kidneys were failing," none of that can be confirmed until an autopsy report is completed and released.
Cameras inside the holding center would document any wrongdoing.
On February 17, India died. Ironically, it is the same day that when she was being transported from the holding center to the hospital, Zylka said she was no longer a prisoner. Why?
"She was no longer a threat to flee being in the hospital and therefore it was ordered by the court to have her released on her own recognizance."
India Cummings had been in jail for a lengthy list of charges: reckless endangerment, resisting arrest unauthorized use of a vehicle, obstructing governmental administration, reckless driving robbery, grand larceny and three vehicle and traffic violations.
A spokesman for the New York State Commission of Correction said, "an investigation is underway, while technically this wasn't an in-custody death, the commission and its Medical Review Board still have the legal authority to investigate and report on the circumstance of the incident."
The state's report isn't expected for a few a months.The Medical Review Board will gather information from the jail and come up with a report on how the inmate was cared for and if any mistakes were made that contributed to a death.
"We want the individuals who were responsible for such poor oversight held accountable," said attorney Albert.
Erie County's acting District Attorney is monitoring the case to figure out if anything criminal happened that led to India's death.