Lawyers release new video and amend civil lawsuit in the death of former inmate Othel Moore

JEFFERSON CITY, Mo. (KMIZ)

A newly released video shows the moments before the death of a prison inmate whose family has sued the state.

Othel Moore, 38, died last December in the Jefferson City Correctional Center after he was not given emergency care in what the family calls indifference and complete disregard for the sanctity of life.

The family's lawyers released new video footage Thursday that shows Moore being carted into a dry cell wearing restraints with a mask and helmet on his head. Officers can be seen checking in on him occasionally.

Moore then can be seen to stop moving before medical help arrives.

Attorney Steven Hart said the most concerning thing in the video if the lack of urgency by everyone involved.

"The nonchalant manner in which the guards observed Othel, like a zoo animal behind glass, encased in straps and restraints, in hoods and helmets and masks, nobody should be treated in that fashion," Hart said.

A probable cause statement said his cause of death was suffocation. It said he died from choking on contents from his stomach after being put in a restraint.

Moore entered prison in 2005 and was serving a 30-year sentence for domestic assault, drug possession, robbery, armed criminal action and violence to a prison inmate or employee.

The Missouri Justice Coalition has said he was excessively pepper sprayed by the JCCC Emergency Response Team before his head was covered with a hood, his body was wrapped and he was strapped to a restraint cart. The coalition said Moore was then taken to a dry cell in Housing Unit No. 8.

Watch the news conference with Moore's family's legal team in the player above.

Attorneys for Moore's family have amended their civil lawsuit to now include 16 defendants in Moore's death, including the department's health provider, Centurion Health, and a nurse.

Department of Corrections Spokesperson Karen Pojmann said most people named no longer for the department, with the exception of acting director Trevor Foley and new JCCC warden Kelly Morriss.

Pojmann said the DOC also still partners with Centurion Health.

In a statement, DOC has previously said, "We take seriously our responsibility for creating the safest environment possible and will not tolerate behaviors or conditions that endanger the wellbeing of Missourians working or living in our facilities."

Pojmann said Tuesday body-worn cameras are now in use at all maximum-security facilities within the DOC.

Missouri Prison Reform Founder and Executive Director Lori Curry said it was disappointing to see what happened in the video.

"I think it's extremely concerning to see the amount of people that were walking around casually while this man suffocated to death, going about their everyday activities, ignoring things," Curry said. "If one person would have stepped in and said, 'Hey, this is not right.' If one person who had the power to do something would have done something, he could still be alive today."

Curry said incidents like this are not rare in the DOC as people think, which is why she is working toward legislation that would allow for more transparency and accountability for the state's prison system.

Attorneys for Moore's family said they will continue with their civil case. They called deaths in the DOC like Moore's "the definition of cruel and unusual punishment" and said officers showed no sense of urgency to assist him the day he died.

"They could not and did not respond to his pleas for help," Hart said. "As he slowly struggled to take his last breath, they viewed him behind the glass of this dry cell."

Meanwhile, four former corrections officers listed in the civil lawsuit are also facing criminal charges in the death of an inmate at JCCC. They were indicted by a grand jury in September.

Jacob Case and Justin Leggins were charged with third-degree accessory to assault and second-degree murder in a joint indictment along with Bryanne Bradshaw and Aaron Brown, who were charged with accessory to second-degree assault and second-degree murder. All four had posted bond in July. Bradshaw was previously charged with involuntary manslaughter.

Attorney Chris Lozano representing Justin Leggins said in a statement, "The death of Othel Moore Jr. was tragic but unforeseeable under the circumstances. Mr. Leggins was acting within his official capacity as a member of the state's Cell Extraction Team at a chaotic moment and denies his actions lead to the death of Mr. Moore. As a combat veteran I am reminded of those who want to second guess the actions of soldiers in the heat of battle; you can't if you weren't there. This matter is properly a civil not criminal matter."

The other defendant's attorneys did not respond to comment.

Cole County Prosecutor Locke Thompson said he can't comment on charging decisions but does treat every major case as an ongoing investigation.

ABC 17 News also reached out to Centurion Health on Tuesday and did not hear back.