BUFFALO, N.Y. — A jury has ruled that Erie County and five sheriff's office jail deputies will have to pay out at least 95 million dollars to the family of Richard Metcalf Junior.
In November of 2012, 35-year-old Richard Metcalf Jr. who was in custody on a burglary charge, began exhibiting extreme behavior according to deputies, who say he was biting off chunks of flesh from his own arms and feet and spitting them.
During a violent struggle to restrain him, deputies placed him in a spit mask.
When he chewed through that, according to deputies, placed a pillowcase over his head.
Metcalf was eventually taken by ambulance to Erie County Medical Center where he died days later.
Although a report by the NYS Commission on Corrections produced a report which concluded that Metcalf's death was a homicide, prosecutors declined to bring criminal charges against the deputies.
Metcalf's father, Richard Metcalf Sr., then filed a civil suit naming the county, the sheriff's department, and nine deputies as defendants.
The County Attorney tells WGRZ he will appeal the jury's decision.
The Erie County Sheriff's office says in a statement:
“This verdict stems from an event that occurred 12 years ago. Since Sheriff Garcia took office in 2022, the Erie County Sheriff’s Office has become a far different organization. This administration has been proactive in seeking state and federal accreditations for all divisions in a robust effort to employ stringent practices for the safety and care of our personnel and our incarcerated population. These accreditations can only be earned after a thorough review of policies and procedures by a third party to ensure the best are implemented. Additionally, consistent with Sheriff Garcia’s promise to the people of Erie County, the office has aggressively sought funding to modernize every aspect of the operation. We will continue to do so.”
