Jail inmate death investigated

Taos County officials are investigating the death of a detainee at the Taos County jail who was found unresponsive in

his bunk around 6:45 a.m. on Jan. 5, according to a statement from the county.

Nicholas Herrera, 31, of Ignacio, Colorado, “was found unresponsive by detention personnel” during their regular 30-minute medical checks, read a press release. “The inhouse medical staff was called immediately and arrived to find detention personnel checking for any vitals,” it continued.

The county said they followed traditional procedures, contacting the local EMS, law enforcement and the Office of the Medical Investigator. Detention Director Danny Garcia was also on scene as investigations began.

Herrera was pronounced dead at the scene, and had no

known medical history, according to the press release. His official cause of death was still

under investigation as of press time Wednesday (Jan. 12).

Herrera was arrested on Jan. 4 after being pulled over for

speeding in El Prado, according to court documents. Before

stopping his vehicle, he allegedly tried to evade officers before he was taken into custody and charged with resisting or evading arrest (a misdemeanor);

speeding; and not having a driver’s license (both petty misdemeanors).

County and jail staff say they performed half-hour checks throughout the night between 3:30 a.m. and 6:45 a.m., when they say Herrera was found

unresponsive. However, two

sources have come forward to the Taos News with conflicting information, both alleging that Herrera was not checked on from 3:30 a.m.

until 8:30 a.m. when breakfast was delivered.

Nicholas’ mother, Natalie Richards, said her son was only checked on hourly, and claims no checks were performed after 3:30 a.m. The wife of another inmate at the jail, who commented on the condition of anonymity, confirmed Richards’ account.

Richards said her son was mostly healthy upon entering the jail and had no reason to suspect anything would happen. “Even if

he had an underlying mental condition, he still died in their care,” she said in a phone call. Though she had not received the official autopsy results as of press time she

said she was already planning to have a second autopsy performed.

Herrera’s death is the most recent in a string of deaths (both due to suicide and overdoses) and controversy at the jail.

A family sued the county after their son, Jonathan Bourg, overdosed and died while incarcerated at the facility in 2016. Eventually, another man admitted guilt to his death in a plea deal that ultimately

saw the involuntary manslaughter charge dropped.

Several weeks before Bourg’s death, Juan Espinoza-Garcia killed

himself with a bedsheet while at the jail for drug charges after he was saved from an overdose in the Walmart parking lot.

In 2018, the Taos County Sheriff’s Office arrested two detention center employees, Dominic Torrez and Phillip Ortiz, for transporting

heroin and other drugs to detainees.

In 2020, a former jail director, Karen De La Roche, and health

care assistance supervisor Tammy Jaramillo were both placed on administrative leave following an

investigation. Later that year, a piece by two journalists working for Searchlight New Mexico explored allegations of excessive

force at the jail on the part of jailers, including Leroy Vigil, who

replaced De La Roche as interim director following her departure.

The Taos News learned this month that the county recently

hired its newest jail director, Danny Garcia, a former New Mexico State Police officer.