Family of dead inmate files federal lawsuit

Jun. 21—The family of a 38-year-old Midland man who died at the Ector County Law Enforcement Center two years ago has filed a federal lawsuit against Ector County and the Ector County Sheriff's Office.

Mary Howell is seeking at least $10 million in damages, plus an unspecified amount in punitive damages, in the June 15, 2020, death of her son, Wallace Tremaine Howell III.

The lawsuit, which was filed by Dallas attorneys Paul Stafford and Justin Moore, alleges deputies "willfully, wantonly and recklessly" disregarded Howell's safety, violated his rights and were inadequately trained in the "handling of inmates through force."

Ector County Sheriff Mike Griffis and Ector County District Attorney Dusty Gallivan said the county does not comment on pending litigation. The voicemail box of Ector County Attorney Lee McClendon was full and not accepting messages Tuesday.

Howell was arrested on suspicion of speeding and evading arrest on June 15, 2020, around 12:40 a.m. After being booked into the jail, Howell and another inmate fought and, according to the lawsuit, Howell was "beaten, tased, dry-shocked, pepper sprayed" and restrained by ECSO personnel.

Howell was found unresponsive around 6:15 a.m. and he was pronounced dead at Medical Center Hospital about an hour later, the lawsuit stated.

During his autopsy, Howell was found with a torn knotted plastic baggie in his small bowel.

According to Odessa American archives, former District Attorney Bobby Bland also said Howell's cause of death was accidental and due to methamphetamine toxicity.

"Defendants Ector County used excessive force against Tremaine Howell, resulting in the serious bodily injury and death of Tremaine Howell," the lawsuit alleges.

The lawsuit also notes that then DA Bland announced on Sept. 1, 2020, that the grand jury had declined to issue any criminal indictments in the case, but that Bland in a press release stated that "the use of force by some of the officers involved in this case was excessive and should be reviewed" by the ECSO.

Bodycam video obtained by the Odessa American showed Howell punching another inmate who was sitting on a bench.

The video showed jail staff using a stun gun on a combative Howell three times and pepper spraying him once. When he attempted to run out of the cell, they stunned him three more times before eight jail staff members were able to place a still struggling Howell in restraints.

According to an autopsy report, authorities said Howell was placed in a "wrap" restraint device, taken to a shower to decontaminate and placed in a padded cell.

After Howell was found unresponsive, he was taken to the hospital where he was later pronounced dead.

The attorneys who filed the lawsuit on behalf of Howell's mother, father and daughter, held a press conference outside the Ector County Courthouse following Bland's announcement in September 2020. Surrounded by two dozen protesters, they vowed to seek justice for the Howell family.