For the first time, video of an inmate being transferred in a van and injuring himself in the South Bay has been released. He’s now severely disabled and his family settled for an unprecedented amount with Santa Clara County -- $10 million.
It was Aug. 25, 2018 when an inmate at Elmwood Correctional Facility in Milpitas, Andrew Hogan, who has a mental illness became erratic in his cell.
He feels sick, and wants to see a doctor. It takes him 14 minutes to cooperate and simply get into the sheriff’s van for transport back to the Main Jail in San Jose.
On the road, Hogan smashes his head against the van dozens of times and starts bleeding heavily.
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The deputies question if they should go to the hospital but continue on, to leave it up to their sergeant.
Minutes later – Hogan is in an out of consciousness.
They arrive at the jail, and wait for medics.
It takes 27 minutes for firefighters and paramedics to arrive. But a deputy insists, per protocols, they wait for a hazmat team due to the blood.
It takes another five minutes before he’s taken out and driven to a hospital.
Hogan is now severely disabled. His family settled with the county for $10 million.
“Yet, there is no real accountability,” said Santa Clara County Supervisor Joe Simitian. “The two supervisors who were on duty in the sheriff’s office, to my knowledge, have not been disciplined."
County supervisors unanimously gave the sheriff a vote of no confidence in August after years of incidents at the county’s jails which Sheriff Laurie Smith oversees.
She is not stepping down, but has said she welcomes any outside investigations.
“Why wasn’t there follow through on the internal affairs investigation. Somebody in the sheriff’s department made the judgement that an investigation was warranted. Somebody in the sheriff’s department made the judgement to put it on the shelf. I think we have to know who and why?” said Simitian.
It’s why he pushed for the video and report to be released. NBC Bay Area reached out to the sheriff’s office for comment but have not heard back.