United States District Court, D. New Mexico
AIMEE BEVAN, as Personal Representative of the Estate of Desiree Gonzales, deceased, Plaintiff,
GABRIEL VALENCIA, Youth Development Administrator, Individually, MATTHEW EDMUNDS, Corrections Officer, Individually, JOHN ORTEGA, Corrections Officer, Individually, MOLLY ARCHULETA, Corrections Nurse, Individually, ST. VINCENT HOSPITAL, and NATHAN PAUL UNKEFER, M.D., Defendants.
& MARSHALL Lee R. Hunt, Esq. Stephen R. Marshall, Esq.
Attorneys for Plaintiff
KOMER & ASSOCIATES, P.A. Mark E. Komer, Jonlyn M.
Martinez Law Office of Jonlyn M. Martinez, LLC Attorneys for
the County Defendants
L. Gonzales, Esq. GONZALES LAW FIRM, LLC Attorney for
Defendant Molly Archuleta
STRATVERT P.A. By: Thomas R. Mack Thomas R. Mack, Esq. Jason
T. Yamato, Esq. Attorneys for Nathan Paul Unkefer, M.D.
MATTER is before the Court pursuant to Fed.R.Civ.P. 16. The
parties conferred and submit the following Pretrial
who will try the action: For Plaintiffs: Lee R. Hunt, Esq.
Stephen R. Marshall, Esq. 518 Old Santa Fe Trail, #501 Santa
Fe, New Mexico 87505 P:(505)954-4868 F: (505)819-0022
lee@huntandmarshall. com email@example.com
Defendants Santa Fe County, Gabriel Valencia, Matthew
Edmunds, John Ortega, Mark Gallegos and Molly Archuleta (the
County Defendants): Mark E. Komer, Esq. LONG, KOMER &
ASSOCIATES, P.A. P. O. Box 5098 Santa Fe, NM 87502-5098
Phone: (505) 982-8405 firstname.lastname@example.org
M. Martinez Law Office of Jonlyn M. Martinez, LLC P. O. Box
1805 Albuquerque, NM 87103-1805 Phone: (505) 247-9488
email@example.com Attorneys for the County Defendants
Defendant Molly Archuleta: Steven Gonzales, Esq. GONZALES LAW
FIRM, LLC 3840 Masthead St., NE Albuquerque, NM 87109-4479
Phone: (505) 417-3898 firstname.lastname@example.org
Defendant Nathan Paul Unkefer, M.D.: Thomas R. Mack, Esq.
Jason T. Yamato, Esq. MILLER STRATVERT PA 500 Marquette
Avenue, N.W. Albuquerque, NM 87102 Phone: (505) 842-1950
JURISDICTION AND RELIEF SOUGHT
Subject Matter Jurisdiction.
Was this action removed or transferred from another
forum? X Yes__ No.
was the action removed or transferred?
of New Mexico First Judicial District Court - Original forum
Is subject matter jurisdiction of this Court
Asserted basis for jurisdiction.
Question___Diversity _X Other
Provision(s) Invoked: 42 U.S.C. § 1983 and
Supplemental Jurisdiction pursuant to 28 U.S.C. §
Personal Jurisdiction and Venue.
Is personal jurisdiction contested?
Is venue contested?
filed a motion requesting that the jury trial in this matter
occur in Santa Fe, New Mexico. The Defendants opposed the
motion. The Court ruled to hold the trial in Albuquerque, New
Mexico. (Doc. 232, filed 11/16/17)
Are the proper parties before the Court?
Identify the affirmative relief sought in this
Plaintiff seeks damages as allowed under New Mexico
law and 42 U.S.C § 1983, including:
a) The pain and suffering that Desiree Gonzales suffered in
her dying moments.
b) The lost value of Desiree Gonzales's life apart from
the economic value of her life. Such value includes lost
enjoyment of life.
c) Damages from the aggravating circumstances of the wrongful
d) Punitive damages as permitted under relevant federal law.
Nathan Paul Unkefer, M.D. does not seek affirmative
relief in this action but seeks dismissal with prejudice or
judgment in his favor plus recoverable costs. Dr. Unkefer
does not claim that any party acted improperly or caused Ms.
Gonzales' death, but Dr. Unkefer asserts alternative
claims for comparative fault of other parties and nonparties,
stated as an alternative defense only.
The County Defendants seek dismissal of this action
with prejudice and an award of their recoverable costs.
parties agree that the Pretrial Order will not be referenced
to or referenced before the jury.
BRIEF DESCRIPTION OF NATURE OF CLAIMS/DEFENSES
Plaintiffs claims: On May 7, 2014, Nathan Paul
Unkefer, M.D. released Desiree Gonzales into the custody of
the Santa Fe County Youth Development Program
("YDP"). Desiree was released after one-hour and
twelve minutes in the hospital and was released despite the
fact that she had been given drugs in the hospital that were
known to interact with the opiates that were in her system
from an overdose of heroin earlier in the night. Dr. Unkefer
released Desiree with no instructions on her care. She was
rushed out of the hospital, even though she was at high risk
for the reemergence of the depressant effect of heroin and
respiratory depression. The care provided to Gonzales by Dr.
Unkefer fell below the standard of care.
Desiree arrived at the YDP she could not stay awake, could
not complete simple tasks and repeatedly retched. The YDP
officers recognized that she was weak, lethargic and out of
it during the booking process. The YDP had no medical
personnel present and performed no assessment of Desiree.
Despite staff raising concerns and despite signs of distress,
Defendant Valencia accepted Desiree into the YDP.
Desiree was admitted to YDP, she was taken to her cell area.
Defendant Matthew Edmunds immediately recognized that she was
not in a normal state of mind, was slurring her speech and
had groggy eyes. He called Defendant Archuleta and informed
her of his observations. YDP Nurse Archuleta failed to come
see Desiree and failed to tell the corrections officers to
call 911 or refuse to accept her. Instead, the nurse told the
officers to watch Desiree's breathing and to advise her
immediately of any concerns. Under these circumstances, the
fact that Nurse Archuleta did not make any effort to evaluate
Desiree or ensure that she received necessary and critical
medical treatment demonstrates that she was
unconstitutionally deliberately indifferent to Desiree's
serious medical needs.
eventually went to sleep shortly after 11:15 p.m. Over the
next two and a half hours, the clear signs of Desiree's
distress escalated. Defendant Edmunds and Ortega observed
Desiree having difficulty or trouble breathing, gasping for
air, making gurgling noises when she would breathe and
periods where she would stop breathing and then gasp for air.
None of the guards contacted medical staff, none attempted to
provide medical care and no one called 911. Instead, Desiree
remained in the holding area until she was found not
breathing and with no pulse. Such conduct demonstrates that
Defendants Valencia, Edmunds and Ortega were deliberately
indifferent to Desiree's serious medical needs.
Gonzales was found lifeless at approximately 1:50 a.m.
Instead of immediately calling 911, the YDP staff called
Supervisors to find out what steps to take. Desiree Gonzales
was taken to the hospital where she was pronounced dead in
the early morning hours of May 8. According to the Office of
the Medical Investigator, Desiree Gonzales died due to the
"Toxic Effects of Heroin".
Defendant Nathan P. Unkefer, M.D. is a
board-certified emergency medicine physician who has been
practicing emergency medicine in Santa Fe since 2007. Dr.
Unkefer provided care and treatment to Ms. Gonzales at
Christus St. Vincent Regional Medical Center in Santa Fe.
Unkefer denies the allegations stated against him, denies
allegations of medical malpractice, denies allegations of
medical negligence and denies that he caused or contributed
to cause any injury or death to Ms. Gonzales. Dr. Unkefer
affirmatively states that at all times relevant he did
possess and apply the knowledge and did use the skill and
care of a reasonably well-qualified emergency medicine
physician practicing in Santa Fe, New Mexico.
Unkefer encountered Desiree Gonzales in the emergency
department at St. Vincent Hospital on May 7, 2014. Ms.
Desiree Gonzales presented having overdosed herself from
injecting heroin at an apartment in Santa Fe. [She was first
attended to by her acquaintances at the apartment where she
overdosed. After a 911 call, Ms. Gonzales received care and
treatment at the apartment by Santa Fe Fire Department
emergency medicine technicians/paramedics who cared for her
and transported her to the hospital after reviving her with
several doses of Narcan, also known as Naloxone.] Narcan
doses were given at approximately 1936, 1939 and 1944. After
Ms. Gonzales responded to the Narcan the paramedics observed
her for a short period of time, and transported to Christus
St. Vincent Hospital conscious, alert, oriented and in
her arrival at St. Vincent Hospital at approximately 2030,
Ms. Gonzales was awake, alert, oriented, angry and agitated.
Narcan reverses the effects of heroin, and its metabolites,
and causes heroin users to immediately feel the impact of
withdrawal symptoms. Ms. Gonzales was agitated, nauseous, and
retching, all consistent with withdrawal symptoms. She was
properly attended to and triaged by the nurses in the
emergency department, including Nurse Craddock, Nurse Munger
and also by Dr. Unkefer who first met Ms. Gonzales in the
emergency department at approximately 2040. He evaluated and
examined Ms. Gonzales, initiated a plan of care, and provided
care and treatment, all of which was consistent with the
requirements of reasonable emergency medicine practice and
the standard of care of emergency medicine physicians. His
plan of care included addressing her withdrawal symptoms,
including administration of one milligram of Lorazepam
(Ativan) for her agitation, administration of Ondansetron
(Zofran) for nausea, and noting that the nurses had already
provided supplemental oxygen for Ms. Gonzales. Ms. Gonzales
did not require other specific medical interventions in the
emergency department but she was observed by Dr. Unkefer and
the nurses in the emergency department until her discharge at
to evaluating Ms. Gonzales for discharge from the emergency
department, Dr. Unkefer waited an appropriate period of time
to allow the Narcan medication to wear off, and no longer
have its effects. Once the Narcan medication wears off, then
the opiates that may remain in Ms. Gonzales' system would
no longer be reversed by or blocked by the Narcan and Ms.
Gonzales would reveal if any medications in her system would
cause her to need additional medical care and treatment,
either in the emergency department or as a patient admitted
to the hospital. After the effects of the Narcan wore off Dr.
Unkefer was able to fully evaluate his patient to determine
if her condition had improved, to determine if she was
stable, and if she should be considered for discharge from
the emergency department. Dr. Unkefer found that Ms. Gonzales
was improved in her condition, she was stable, and she met
appropriate criteria for discharge from the emergency
department as she no longer required any medical care and
treatment in the emergency department and she did not require
any other immediate medical care or treatment. She was ready
to be discharged according to her condition and according to
the applicable standard of care. Ms. Gonzales was alert,
oriented, conversational, able to use her cell phone, able to
make reasonable decisions about her current wellbeing and met
the proper criteria for discharge from the emergency
department. She was not suffering from any signs or symptoms
of respiratory depression or respiratory distress at the time
from the emergency department was to a Santa Fe police
officer because Ms. Gonzales had to be transferred to the
Youth Detention Center as instructed by her juvenile
Unkefer discharged his patient into the care of the Santa Fe
Police Department officer who in turn transported Ms.
Gonzales to the Youth Detention Center. Ms. Gonzales'
condition was improved, she was stable for this discharge and
stable for this plan of care. She was discharged in the care
and custody first of the police officer and later of the
officials from the Youth Detention Center. At some point, Ms.
Gonzales' condition changed and deteriorated rapidly,
unrelated to her overdose of heroin - as she had metabolized
the heroin and its metabolites. She developed sepsis from a
toxic bronchopneumonia and this illness caused respiratory
depression, cardiac dysrhythmias and she arrested. From the
bronchopneumonia and cardiac arrest, she sustained damage to
her lungs, her kidney, her liver, and her brain. Ms. Gonzales
was attended to by the officials from the Youth Detention
Center and a 911 call was made. Santa Fe Fire Department
EMS/paramedics arrived and attended to Ms. Gonzales'
emergency needs and she was transferred to St. Vincent
Hospital at approximately 0237 on May 8. Ms. Gonzales did not
regain consciousness, her condition was untreatable as she
had sustained an anoxic brain injury due to her respiratory
arrest and cardiac arrest. Ms. Gonzales unfortunately and
untimely passed away at 0603 on May 8, 2014.
Unkefer denies any allegations of negligence against him and
denies any allegation that he caused or contributed to cause
any harm to Ms. Desiree Gonzales. Dr. Unkefer provided proper
treatment and care to Ms. Gonzales and she died from a
rapidly progressing and aggressive illness in her lungs that
took her life unexpectedly and relatively speaking without
Unkefer takes the position that no individual was negligent
or otherwise at fault in attending to Ms. Gonzales'
needs, which applies both to her original heroin overdose,
treatment at St. Vincent emergency department, and related to
her custody at the Youth Detention Center. In the
alternative, in the event that other individuals or entities
are found to have acted negligently or improperly with such
actions causing injury or damages, the claims against Dr.
Unkefer should be barred or limited.
County Defendants generally deny the plaintiffs
allegations of liability under 42 U.S.C. §1983 for
deliberate indifference to serious medical needs under the
Eighth and Fourteenth Amendments of the United States
Constitution. Each County Defendant re-invokes qualified
immunity as a complete affirmative defense.
respect to the deliberate indifference elements, the County
Defendants concur that a risk of death satisfies the
objective component. The County Defendants maintain and
incorporate their previous opposition to plaintiffs claim of
the symptom of respiratory distress as distinct objective
harm as inconsistent with clearly established law. (See
generally Doc. 145, filed 4/8/16) The County Defendants
further object to multiple claims of objective harm all
related to the same underlying medical condition as not
recognized by established law. Further, plaintiff conflates
the concepts of respiratory depression based on opioid
intoxication with respiratory distress, which is an entirely
different symptom than respiratory depression and
infrequently encountered in the context of an opioid
the subjective component of the deliberate indifference test,
each defendant denies that there are facts sufficient to
support an inference that any of them could have or in fact
did draw an inference that Gonzales was at an obvious risk of
immediate death or respiratory distress from complications of
drugs that she took or received on May 7, 2018. The exact
mechanism of Gonzales death cannot be determined; however,
plaintiffs expert claims that her death occurred due to toxic
effects of heroin use and that lorazepam was a contributing
factor. The County defendants received a medical clearance
from an emergency room doctor which contained a
recommendation for no further cares. There was no request for
medical care by Ms. Gonzales or anyone on her behalf. There
is no evidence that any of the individual defendants knew
that Gonzales might or did become re-intoxicated from heroin
and lorazepam after discharge from the hospital so many hours
after the overdose. There is no evidence that any of the
individual defendants knew that Gonzales might or did develop
respiratory depression or distress from heroin and lorazepam
after discharge from the hospital so many hours after the
overdose. The County Defendants did not perceive that
Gonzales required emergent medical care until she was found
unresponsive at approximately 1:43 am on May 8, 2014, and
there was no medical need that would have been obvious to a
layperson before that time.
to the extent that plaintiff claims in hindsight that
Gonzales exhibited certain symptoms that might be consistent
with intoxication from central nervous system depressants
such as heroin and lorazepam, such a showing is insufficient
as a matter of clearly established law. Under the law in this
Circuit, the plaintiff has the burden of showing the
defendant knew and disregarded an imminent risk of death and
not merely that the detainee was intoxicated. Martinez v.
Beggs, 563 F.3d 1082, 1089 (2009); see also Cox v.
Glantz, 800 F.3d 1231, 1250-1252 (10th Cir. 2015) (for
purpose of the qualified immunity analysis, plaintiff mush
show that each defendant knew of the particularized risk of
harm). The fact that a detainee's "symptoms could
have also pointed to other, more serious conditions fails
'to create an inference of deliberate
indifference'" on the part of the prison medical
provider. Spencer v. Abbott, 2017 U.S. App. LEXIS
24668 at *32 (citation omitted).
is required to present evidence-not conjecture or
speculation-that each of the County Defendants displayed a
"conscious disregard of a substantial risk of serious
harm." Spencer at*33-34. It is undisputed that
each of the County Defendants participated in providing for
additional precautions for monitoring that Desiree Gonzales
during the short time she was at the YDP. Such conduct is
inconsistent with deliberate indifference under clearly
established law. Each Defendant reasserts their contentions
in support of qualified immunity and summary judgment. (Docs.
164, 166, 204, 206)
the County Defendants further deny that any alleged civil
rights violation caused Desiree Gonzales' death and
further claim that the conduct of others, including the
decedent's, set in motion the events leading her demise.
The County Defendants deny that Gonzales experienced any
conscious pain and suffering as alleged by plaintiff. The
County Defendants intend to introduce evidence concerning
Desiree Gonzales medical and developmental history on the
issue of claimed damages.
FACTUAL CONTENTIONS UNDERLYING CLAIMS/DEFENSES
Stipulated Factual Contentions.
parties agree to the following facts listed separately below:
parties stipulate to personal jurisdiction and subject matter
jurisdiction as stated herein.
Aimee Bevan is personal representative of the wrongful death
estate of Desiree Gonzales. Janel Gonzales, Julian Baca and
Waldo Anaya contend that they are beneficiaries under the New
Mexico Wrongful Death Act.
Unkefer owed a duty to care for and treat Ms. Gonzales in the
emergency department at the Christus St. Vincent emergency
Unkefer is a qualified medical provider under the Medical
Gonzales is Desiree Gonzales' mother.
Baca helped raise Desiree Gonzales.
Anaya is the biological father of Desiree Gonzales.
Gonzales was a minor at the time of her death.
Gonzales' date of birth was April 14, 1997 and she was 17
years old at the time of her death.
parties stipulated to the authenticity and admissibility of
Desiree Gonzales' medical records, subject to the pending
motions in limine.
parties stipulate that Gabriel Valencia, Matthew Edmunds,
John Ortega and Molly Archuleta were Santa Fe County
employees, acting under color of law.
Contested Material Facts.
Unkefer was aware of Desiree's serious medical condition
but did not provide her with appropriate treatment and,
instead, rushed her out of the ER.
May 7, 2014, the Santa Fe Fire Department and Police
Department responded to a 911 call relating to 17-year-old
Desiree had taken heroin and was given Narcan (a drug that
reverses the effects of heroin) by the EMTs to counteract the
effects of the overdose. After the fourth dose, Desiree woke
up. The final Narcan dose was given at 7:44 p.m. according to
the EMT records.
After Desiree was stabilized, she was transported to Christus
St. Vincent Regional Medical Center. Desiree was first seen
in the Emergency Department at 8:40 p.m. Her ER doctor was
Defendant Nathan Paul Unkefer, M.D.
the initial presentation, she was noted to have nausea and
vomiting and she was slightly anxious.
Unkefer prescribed Desiree various medications, including
Ativan or lorazepam.
Lorazepam is a benzodiazepine with central nervous system
various times during her observation, Ms. Gonzales exhibited
unstable vital signs, including a high pulse and below-normal
oxygen saturation levels.
to her low oxygen levels, Desiree was placed on supplemental
Desiree Gonzales was observed to have difficulty breathing
and chest pain in the hospital.
Desiree was kept in the Emergency Department from 8:40 p.m.
to 9:52 p.m. - a total of one hour and twelve minutes.
discharge, vitals were barely at a level considered normal,
including a 99 pulse - 100 is considered abnormal.
Additionally, at discharge, Desiree had been on room air
oxygen for approximately 11 minutes.
9:52 p.m., Ms. Gonzales was discharged from St. Vincent to
police custody. In the medical clearance form, Dr. Unkefer
wrote that Desiree's recommended treatment was "no
his discharge instructions to Desiree Gonzales, Dr. Unkefer
wrote, "don't do drugs."
Ms. Gonzales's doctor, Dr. Unkefer could have made the
decision to monitor her in the emergency room for longer than
2 hours. However, instead, he admits that he "cut it
close" and monitored Ms. Gonzales for the minimum amount
of time possible (according to his standard of care).
Unkefer "cut it close" despite the fact that: (a)
Ms. Gonzales' overdose "was rather a severe
overdose," (b) Ms. Gonzales was "comatose" and
"near death" immediately after her overdose, (c)
Ms. Gonzales was described as "not breathing" and
had an oxygen saturation of 7% when she was first seen by
emergency responders, (d) the period of time that Ms.
Gonzales was not breathing after her overdose could have
caused damage to her organs and brain, (e) his "big
concerns" during Ms. Gonzales' admission were
"[r]espiratory difficulties [and] re-toxicity," and
(f) the only set of vital signs that were taken during the
admission that showed that Ms. Gonzales' vitals were
within the normal range were the vital signs taken at 2148 (4
minutes before discharge).
addition, Dr. Unkefer discharged Ms. Gonzales: (a) after he
ordered Ativan (a/k/a lorazepam) for Ms. Gonzales at the time
of admission, (b) he understood that lorazepam could add to
the effect of the morphine and potentiate any narcotic still
in the body, (c) he understood that Narcran did not have an
effect on lorazepam, (d) he understood that lorazepam can
depress the respiratory system, and (e) he was aware that a
risk of adding lorazepam to her system was "ongoing
9:52 p.m., Ms. Gonzales was discharged from St. Vincent to
police custody. Desiree's recommended treatment included
instructions on the signs of distress and when to bring
Gonzales back to the hospital. The instructions were provided
to the YDP, specifically Defendant Valencia and are included
in the jail records. The instructions read:
__Return to the ED at any time if symptoms worsen or do not
__The signs and symptoms of heroin use include:
Respiratory depression (which can progress until breathing
should not have been accepted at YDP and instead should have
been sent back to the hospital.
Desiree arrived at the Santa Fe Youth Development Program and
was booked in at 10:35 p.m.
Defendant Valencia and Esmeralda Coronado were the YDP staff
who participated in Desiree's booking.
Gonzales dry heaved or retched numerous times during the 30
minutes that she was in the booking area.
According to Ms. Coronado, "Intake Gonzales was
responsive, however, was nodding in and out of sleep: she
seemed very tired and weak." 22. Officer Coronado
documented on her Incident Statement that Desiree attempted
to sign the intake documents and "was not able to stay
awake long enough to write her name".
Desiree did not complete the normal paperwork required of YDP
intakes and was unable to sign her name or initial
any of the paperwork.
Santa Fe County Public Safety Director Pablo Sedillo
confirmed with Ms. Coronado that the staff "had some
concerns" and that Desiree Gonzales "couldn't
even sign a document."
her Deposition, Coronado admitted that: (a) no medical
screening was done, (b) the facility medical screening form
was not used, and (c) the medical clearance from the hospital
replaced the on-site medical screening. In addition, Ms.
Gonzales was not placed under constant observation pursuant
to the YDP intoxication and withdrawal policy, which states,
"Juveniles who are at risk for progression to a more
severe level of intoxication or withdrawal are kept under
constant observation when severe withdrawal symptoms are
After leaving the intake area, Desiree came into contact with
Defendant Edmunds wrote in his Incident Statement that he
"immediately came to the conclusion" that Ms.
Gonzales was "not in a normal state of mind. Her eyes
looked groggy and her speech was slurred."
to his concerns about a new intake who had just come from the
hospital after a severe heroin overdose and who was in
distress, Defendant Edmunds called the YDP Nurse - Defendant
Defendant Edmunds informed Defendant Archuleta of
Gonzales's "state", i.e., not in a normal state
of mind, slurring her speech and groggy eyes.
Nurse Archuleta instructed Defendant Edmunds to "keep a
very close eye on her during the night, monitor her breathing
and let me know immediately if you have any concerns."
Defendant Edmunds discussed with Defendant Ortega and
Defendant Valencia that they were to closely monitor Desiree
Gonzales's breathing and were to "immediately"
notify medical personnel with any concerns or any changes.
Desiree was placed in a bed on the floor of the Anasazi Pod -
the bed is called a "boat".
Desiree laid down to go to sleep shortly after 11:15 p.m.
Defendants Edmunds and Ortega conducted 15-minute checks on
the residents in the C-Pod. For the four residents in the
C-Pod, the "checks" averaged less than 45 seconds.
During many of the checks, Defendants did not even look at
Warden Gallegos sharply criticized the ineffectiveness of the
checks stating, "I looked at the logs and you're
telling me you did the whole facility in one minute. That
means you went to every single door to see living, breathing,
flesh rising up and down, okay, and that took one minute, all
right, for the whole facility. That's a no-go."
Edmunds observed clear signs of Desiree Gonzales's
serious medical condition and her declining health
During a debriefing on the day Desiree died, Matthew Edmunds
stated "Desiree Gonzales was having trouble breathing
but resident never made statement that she was unable to
his Incident Statement, Edmunds documented that he observed
"Unusual breathing." 38. Matthew Edmunds went to
the hospital with Desiree Gonzales after she was found
unresponsive. While at the hospital, he spoke with Emergency
Room personnel, including, Dr. Best. The hospital records
document Matthew Edmunds's statement as follows:
Per jail: Pt arrived @ 2235 and booked. Pt. was "out of
it" and would stop breathing and gasp for air since
Pt was noted to have "trouble breathing" where she
would stop breathing then have a gasping, respiration @
approx. lip, by Jail Staff Matthew Edmunds. Dr. B confirmed
(Edmunds) noted that (Gonzales) was having difficulty
breathing, at times gasping for air and making gurgling
noises. He states that he notified his supervisor, however
did not notify any medical personnel.
Edmunds later spoke to Dr. Prock, the intensive care doctor
who was attempting to save Desiree Gonzales's life.
Prock spoke with Defendant Edmunds to understand Desiree
Gonzales's situation so that she "could best take
care of her." Further, Dr. Prock testified that this
conversation was part of her diagnosis and treatment of
Prock testified that Defendant Edmunds:
they had put her in her cell at around 11:00 at night. He
told me that at some point shortly thereafter, the exact time
he did not say, that he noted that she was having difficulty
breathing. And I remember asking him, "Okay, describe
that for me. What was going on?"
And he used the words "gurgling and gasping for
air." I asked him if he had notified anybody about that,
and he said he had notified his supervisor. I asked if he had
notified any medical personnel or called 911, and he said,
Edmunds informed the investigating officer from the Santa Fe
Police Department that Desiree appeared to be having
breathing difficulties so he kept checking on her.
Despite the observations of difficulty breathing, Defendant
Edmunds failed to ever wake Desiree up or check to see if she
Defendant Edmunds, despite having concerns about
Desiree's difficulty breathing and despite being told by
Nurse Archuleta to call medical if he observed any change in
Desiree's breathing, failed to call medical personnel.
Ortega was aware of Desiree Gonzales's ...