State of Connecticut

OFFICE OF INSPECTOR GENERAL

Report Concerning
In-Custody Death of Kevin P. Doherty at the South Windsor Police Department
on December 26, 2022

Robert J. Devlin, Jr.

Inspector General

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 TABLE OF CONTENTS

INTRODUCTION .............................................................................................................. 4

INVESTIGATION ............................................................................................................... 5

SUICIDE IN CELL .................................................................................................................... 7

MEDICAL RECORDS FROM MANCHESTER HOSPITAL ...................................................................... 8
DIGITAL EVIDENCE ................................................................................................................. 8
AUTOPSY ........................................................................................................................... 11

FINDINGS ...................................................................................................................... 12

LAW .............................................................................................................................. 13

ANALYSIS ....................................................................................................................... 14

CONCLUSION ................................................................................................................. 14

APPENDIX .......................................................................................................................... 15

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 Acknowledgments

The Office of Inspector General acknowledges the following agencies who provided
assistance to this investigation:

• The Department of Emergency Services and Public Protection, Division of State Police,
Eastern District Major Crime Squad,
• The Office of the Chief Medical Examiner, and
• The South Windsor Police Department.

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 INTRODUCTION

This case concerns the death by suicide of Kevin P. Doherty in a holding cell at the South
Windsor Police Department on December 26, 2022. On December 23, 2022, Doherty was
arrested by officers of the South Windsor Police Department (SWPD) and charged with several
domestic violence crimes as well as resisting arrest. He was transported to the police
department, where he was held on bond pending a court date of December 27.

After Doherty was booked, he was placed in a cell. Sometime later, he was seen dry
heaving over the toilet and his face was red. An officer asked if he wanted medical attention
and he replied affirmatively, and an ambulance was called. The ambulance took Doherty to
Rockville General Hospital, where an officer accompanied him. Doherty made suicidal remarks
to the hospital staff, who told police he would need to be seen by a crisis team.

Doherty was returned to the custody of SWPD and placed back into his cell at about
3:00 p.m. on December 24. About 90 minutes later, he was seen on a monitor shoving toilet
paper in his throat. An officer went in and removed the toilet paper. On December 25 at about
9:40 p.m. he was seen again trying to choke himself on toilet paper. On December 26 at 12:22
p.m. officers went to check on Doherty who appeared to be lying under a bench in the cell.
Doherty was unresponsive to the officers, who noticed a faint pulse but no breathing. Officers
attempted rescue efforts and called for an ambulance, which transported Doherty to
Manchester Hospital, where he was pronounced dead. An investigation determined Doherty
had stuffed two socks into his throat.

The Office of Inspector General together with the Connecticut State Police Eastern
District Major Crime Squad investigated Doherty’s in-custody death. The results of that
investigation are contained in this report.

The investigation establishes that Doherty committed suicide and his death was not due
to a peace officer’s use of force against him nor from any other criminal action.

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 INVESTIGATION

Arrest on December 23, 2022

On Friday, December 23, 2022, just before 6:00 p.m., officers from the South Windsor
Police Department were dispatched to a domestic violence call to Berry Patch Road. The caller
reported her son was there and was intoxicated and out of control. Officers Christopher
Myska, Kaitlyn Pierpont, Linda Hernando, Kyle Kolcharno, and Sergeant Joseph Futtner went to
the address. Arriving officers encountered Mary Doherty, 85, and her son Kevin, a 55-year-old
Caucasian male. Police determined that Kevin had assaulted his mother, causing a nosebleed.
During the police investigation, Kevin was initially calm but then became agitated and resisted
officers’ attempts to place him under arrest. One officer used a taser against his calf to force
him to comply so that he could be handcuffed.

At the SWPD, Doherty was processed on several charges, and the police set his bond at
$250,000 cash or surety. He was given an opportunity to contact a bail bondsman, but he was
not able to secure release. Because of the Christmas holiday weekend, the next available court
date was December 27. He was placed in a cell.

Officer Christoper J. Myska

Officer Myska, one of the arresting officers, also assisted booking Doherty, brought him
a meal and his medications, and transported him to the hospital. His report states:

“At HQ, we processed Kevin per policy. Kevin asked for food and his medications after
we finished booking him. I went and got Kevin a meal and his medications. When I returned to
cell 1, where Kevin was being held, he was dry heaving over the toilet and was red. I asked
Kevin what was wrong and if he would like an ambulance. Kevin said that he did want an
ambulance. …

“I checked Kevin’s radial pulse and asked him what was wrong. Kevin said that he felt
bad but did not tell me specifically what was wrong.”1

The Ambulance Service of Manchester arrived. Myska secured Doherty to their

stretcher with restraints and followed the ambulance to Rockville General Hospital. His report
continues:

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Records from the ambulance crew that responded indicate that Doherty told them he was having an anxiety
attack.

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 “At Rockville General Hospital, Kevin was placed in a room. Kevin’s shackles remained
on while I watched him in the Emergency Room. During my time in the Emergency Room, the
battery for my department-issued body camera was exhausted and the camera shut off. I was
in the room with Kevin when the medical providers came to see Kevin until he was diagnosed
with COVID. I then moved outside the room where I could see Kevin through the glass and
went into the room whenever a staff member had contact with him. While in the ER, Kevin told
2 Doctors and a Nurse that he wanted to die and planned on jumping in front of the “T” in
Massachusetts, where he lived. The staff told me he would have to stay and be seen by the
Crisis Team. A staff member had Kevin blow into a breathalyzer and told us that his test
returned at 0.157. Kevin had told us during booking that he only had one drink at [10:00 a.m.]
before getting on the bus to come to Connecticut.”

According to other reports and a prisoner check report, Doherty was returned to a cell
at the SWPD at 3:04 p.m. on December 24.

Medical Records from Rockville General Hospital

According to the records from the Emergency Room visit, Doherty complained of flu-like
symptoms, anxiety, and nausea. He told staff that he was in treatment for alcohol use. He
made statements characterized as suicidal ideation in that he said, “it’s over, I’m going to jump
in front of the Orange Line in Boston and end it.”2 He was examined and had a rapid pulse rate
and a fever. He tested positive for COVID-19. Staff administered a Breathalyzer test which
registered a blood-alcohol level of 0.157. The medical diagnosis was COVID-19, alcohol
intoxication, and depression. A psychiatric evaluation was ordered based on his intoxication
and suicidal remarks.

During the psychiatric evaluation with Kirlene X. Lindsay-Henry, a licensed clinical social
worker, Doherty continued to discuss taking his life. He also mentioned he tried to end his life
in 2019 by stepping in front of a bus but was unsuccessful. He said he was admitted to a Boston
hospital due to suicidal ideation in 2021. The records indicate a diagnosis of depressive
disorder and substance-related addictive disorder. Lindsay-Henry consulted with the on-call
psychiatrist, who recommended “discharge to police care.” Lindsay-Henry noted that Doherty
“appears to be seeking hospital admission as secondary gains to avoid jail.” She further noted:

“Though patient presents risk factors of age, gender, [alcohol] use, depression, and
anxiety, SI, he does not appear to be an imminent risk of harm to self and others at this time
and is to be discharged back into police custody. Spoke with officer present in emergency
department who confirms safety checks will be in place and other precautionary measures.”

2
“Orange Line” refers to a subway train line in Boston.

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 The social worker’s crisis consultation was completed at 2:30 p.m. on December 24. He
was discharged ten minutes later.

The hospital records contain a document named, “Columbia-Suicide Severity Rating

Scale.” The form appears to have been completed on December 23 at 9:43 p.m. and classified
Doherty as presenting a “high risk” warranting appropriate safety interventions including
enhanced monitoring and an “environmental safety check.” On December 24 at 8:26 a.m. the
assessment was completed again and changed to “moderate risk.”

SWPD Detainee Policy

The South Windsor Police Department’s policy on supervision of detainees is contained

in Operations Directive 72-2. In a section on suicide prevention, the policy provides guidance to
the watch commander for a prisoner who is evaluated at a medical facility and subsequently
returned to police custody. In such a situation, the watch commander is to ensure the detainee
is more closely monitored. For example, the policy states, the watch commander may arrange
for increasing the frequency of cell checks to every 15 minutes, assign someone to continually
monitor the video feed, or assign an officer to remain in the holding area.

Suicide in Cell

Prisoner Check Report

The SWPD’s Prisoner Check Report documents each instance of monitoring for
detainees held in a holding cell. The log lists date and time, person conducting the monitoring,
the type of monitoring, and any descriptive comments. According to SWPD’s Prisoner Check
Report, Doherty returned from the hospital and was back in his cell at 3:04 p.m. on December
24. The report shows Doherty was observed at various intervals, some as short as three
minutes, and some as long as 90 minutes. Notable log entries include:

12/24/22 4:24 p.m. shoving toilet paper in his throat and trying to make
himself gag or puke

12/25/22 9:40 p.m. tore off pieces of toilet paper and began gagging on it

A review of the various body-worn camera videos showed that on both occasions noted above,
officers intervened and removed the toilet paper from Doherty’s cell. In one instance an officer
asked why he was putting it in his mouth and he answered, “because I’m nauseous.” To view
the entire Prisoner Check Report, click here.

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Officer Caleb Lopez

Officer Caleb Lopez wrote a report summarizing the call to assistance at the cell that
took place at about 12:23 p.m. on December 26. A police dispatcher who had been monitoring
the video feed of Doherty’s cell notified Officers Lopez and Victoria Weiss that Doherty
appeared to be lying under the bench. The officers went to the cell and noticed Doherty on his
back on the ground with his legs inserted through the cell bars. His arms were by his side, and
he did not respond to verbal prompts. By placing his legs in the cell bars, officers were initially
unable to open the cell door to provide aid. With some effort, they removed his legs so the
door could be opened. Doherty was dragged to the main booking area where there was more
room. Lopez detected a faint pulse but no breathing. He noted Doherty’s tongue was partially
sticking out. After “several moments,” Lopez reported that Doherty’s pulse was “no longer
palpable” and that officers began CPR. Several other officers arrived to assist. While
attempting to clear his airway, Lopez saw something yellow in his throat. He reached into his
mouth and removed a yellow sock and a blue piece of the pajamas that Doherty had been
provided.

Additional details were provided in a report by Sergeant Michael Prescher, who was also
participating in the rescue effort. Prescher reported that once the yellow sock was removed,
he attempted to insert an airway into Doherty before another officer resumed rescue
breathing. However, Doherty’s airway still appeared to be obstructed. Ambulance Services of
Manchester then arrived and took over medical care. They were able to locate and remove a
second sock from Doherty’s throat with a pair of forceps. Rescue personnel continued to
perform CPR in the booking area before transporting Doherty to Manchester Hospital.

Medical Records from Manchester Hospital

Ambulance Service of Manchester noted in their report that Doherty’s airway was
completely obstructed and that he was not breathing when they arrived at the booking area to
treat him at 12:31 p.m. While attempting life-saving procedures, EMTs opened Doherty’s
mouth wider and saw a second sock inside his throat. They were able to remove it and
continued CPR. At 1:02 p.m. EMTs transported Doherty to Manchester Hospital. He arrived at
1:10 p.m. where hospital staff continued to try to save his life, but he was pronounced dead at
1:29 p.m.

Digital Evidence

The Eastern District Major Crime Squad of the Connecticut State Police took
responsibility for processing the scene of the suicide at SWPD. Detectives took photographs of
the cell block area, including the cell where Doherty had stayed. Detectives also obtained the
body-worn cameras (BWC) of the officers who interacted with Doherty both at the hospital and
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in the police station. They also obtained the recordings from the camera that monitored
Doherty’s cell. The digital footage of the cell videos and BWCs is comprehensive. One portion
of the video shows a paramedic placing two yellow socks on Doherty’s feet at the hospital. A
summary of the relevant portions of the cellblock video and BWC follows:

Doherty is lying on his side on the bed with a blanket over him. His feet are bare.
He changes position, getting onto his hands and knees on the bed with the
blanket covering his back and head. He is facing away from the cell door and
away from the camera. He appears to be moving his arms in front of his face.
He stands up and then moves to the floor. As he does so, a yellow object and a
smaller bluish-white cloth-like object can be seen hanging out of his mouth. He
lies on the floor adjacent to the bed, puts the blanket over his head and torso,
and moves his upper body under the bed. During the next minute his body
squirms slowly, and then thrashes a bit, before movement stops. During this
time, Doherty’s face cannot be seen as it is either covered with the blanket or it
is under the bed. Two minutes and thirty-five seconds after Doherty puts his
head under the cell bed, the first officer arrives to help.

[Doherty with piece of blue pajamas in his hand]

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[Doherty with yellow sock in his hand]

[Doherty’s legs through cell bars]

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 Autopsy

Kevin Doherty’s body was taken to the Office of the Chief Medical Examiner for an
autopsy, which was performed by Jacqueline Nunez, M.D. on December 28, 2022. She
confirmed the manner of death as suicide.

FINAL DIAGNOSIS
I. Airway Obstruction By Foreign Object (Socks):
A. Clinical History of Oropharynx Obstruction by Socks with Forceps Extraction
B. Distal Tongue and Upper Airway Erythema
C. Pulmonary Edema

II. Blunt Impact Injuries of Head, Torso, and Extremities:

A. Cutaneous Abrasions and Contusions

III. Novel Coronavirus (COVID-19) Respiratory Infection

IV. Status-Post Resuscitation:

A. Fractures of Ribs
B. Fractures of Sternum

CAUSE OF DEATH: Asphyxia Due to Upper Airway Obstruction by Foreign Body

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MANNER OF DEATH: Suicide (Lodged Socks in Airway)

Toxicology testing indicated the presence of the anti-depressant drug Trazodone. No

illicit substances were detected.

FINDINGS

1. Kevin P. Doherty was arrested by the members of the South Windsor Police Department on
December 23, 2022, and charged with several crimes. A bond was set, which he was unable to
post. Therefore, he was set to remain in custody until his court date of December 27.

2. That evening while in a holding cell, Doherty complained of illness. An ambulance was
called, and he was taken to the hospital. He was diagnosed with COVID-19, alcohol
intoxication, and depression. He told at least one doctor that he wanted to go home to
Massachusetts and kill himself by jumping in front of a train. This conversation was witnessed
by Officer Christopher Myska. The hospital told Myska that Doherty would need to be seen by
a crisis team. Hospital staff informed Myska that Doherty’s blood-alcohol level was 0.157.

3. Doherty was initially assessed as “high risk” for suicide when he arrived the evening of
December 23. The next morning, staff changed the classification to “medium risk.” Doherty
was evaluated by social worker Kirlene X. Lindsay-Henry who then consulted with the on-call
psychiatrist. The social worker noted Doherty was not an imminent risk to harm himself, and
he was discharged back into police custody at 2:40 p.m. on December 24.

4. While back in the holding cell, SWPD personnel periodically observed Doherty in the cell.
Doherty engaged in two incidents of self-harm that were quickly attended to by officers. In
both instances Doherty shoved toilet paper down his throat and was gagging on it. Officers
removed the toilet paper and Doherty remained in his cell.

5. On December 26 at about 12:20 p.m. Doherty pulled a blanket over his head and placed two
yellow hospital socks and a piece of blue fabric into his throat. He got under the cell bed and
began choking on the items while inserting both his legs into the cell bars. Officers were
notified by a dispatcher who saw Doherty on the floor, partially under the bed. When the
officers arrived, it took them two minutes to push his legs through the cell so that the door
could be opened. He was unresponsive to their verbal prompts.

6. Once officers opened the cell door, they moved Doherty to the booking area and
immediately attempted to perform life-saving measures, including rescue breathing and CPR.
Officer Caleb Lopez removed a sock from Doherty’s throat.

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7. EMTs from Ambulance Service of Manchester arrived and took over rescue attempts. They
removed a second sock from Doherty’s mouth. They transported him to the hospital where he
was pronounced dead at 1:29 p.m.

8. On December 28, 2022, Associate Medical Examiner Dr. Jacqueline Nunez performed an
autopsy on Doherty. She determined his death to be a suicide caused by asphyxia from the
socks lodged in his upper airway.

LAW

Under Connecticut law the Office of Inspector General is charged with, inter alia,
investigating the death of persons who die while in the custody of a peace officer or law
enforcement agency. Specifically, the Inspector General shall determine whether physical force
was used by a peace officer upon the deceased person and, if so, whether the use of physical
force by the peace officer was justifiable under § 53a-22. The version of that statute in effect
on December 26, 2022, in relevant part, provides:

General Statutes §51-277a(a)(2)(A) provides in part:

“… whenever a person dies in the custody of a peace officer or law enforcement agency, the
Inspector General shall investigate and determine whether physical force was used by a peace
officer upon the deceased person, and if so, whether the use of physical force by the peace
officer was justifiable under section 53a-22. If the Inspector General determines that the
person died as a result of possible criminal action not involving the use of force by a peace
officer, the Inspector General shall refer such case to the Division of Criminal Justice for
potential prosecution.”

General Statutes §53a-22, as applicable here, provides:

“(b) … a peace officer … is justified in using physical force upon another person when
and to the extent that he or she reasonably believes such use to be necessary to: (1) Effect an
arrest or prevent the escape from custody of a person whom he or she reasonably believes to
have committed an offense, unless he or she knows that the arrest or custody is unauthorized;
or (2) defend himself or herself or a third person from the use or imminent use of physical force
while effecting or attempting to effect an arrest or while preventing or attempting to prevent
an escape.

Neither General Statutes Chapter 886, nor the penal code define the terms “physical
force” or “criminal action.” For purposes of this report, I apply such terms in accord with their
ordinary meanings.
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 ANALYSIS

Officers used a minimal amount of physical force to take Doherty into custody during his
arrest, which he resisted. Police officers applied no additional force against Doherty during the
time he was in their custody. Doherty’s death was caused by his suicide and not due to any
criminal action. 3

CONCLUSION

The investigation establishes that the South Windsor Police Department used
reasonable force in taking Kevin Doherty into custody. That force had nothing to do with his
death and there was no criminal action related to the cause of his death. Accordingly, the
Office of Inspector General will take no further action in this case.

13th day of December, 2023.

Submitted, this _____

_____________________________________
ANDREW J. SLITT
SUPERVISORY ASSISTANT STATE’S ATTORNEY

_____________________________________
ROBERT J. DEVLIN, JR.
INSPECTOR GENERAL

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Hospital staff perhaps improvidently downgraded Doherty’s suicide risk assessment from high to moderate,
opting to discharge him back into police custody on Christmas Eve instead of holding him for further treatment.

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