Grand jury won’t file charges after man dies in police custody, Kentucky State Police say

A Boyd County grand jury decided not to file criminal charges after a man died in police custody, Kentucky State Police announced Friday.

Clarence Wilkerson, 34, died in March while in custody of the Ashland Police Department. The Kentucky State Medical Examiner’s Office ruled that Wilkerson’s death was accidental — the official cause being acute methamphetamine intoxication, KSP said in a news release.

The case was presented to the Boyd County grand jury last week after an investigation was completed, according to KSP.

“A report was issued by the grand jury that no criminal charges were to be filed,” KSP said in a news release.

Bystander video — which sparked criticism of how police handled the incident — showed Wilkerson suffering from health issues while being put into the back of a patrol car. The video has since been removed online.

Wilkerson had methamphetamine, amphetamines and THC in his blood, KSP said previously. He also had a prior heart condition which “included congestive heart failure, hyperlipidemia, and diabetes,” the police press release said.

Law enforcement previously said Wilkerson was being pursued and detained on outstanding 2017 misdemeanor charges.

The Ashland police officers who were on the scene of Wilkerson’s arrest were John McCormick, Chris Brislin and Tony Floyd, KSP said.

Ashland Police Chief Todd Kelley confirmed to the Daily Independent in Ashland that all officers involved in the incident were placed on administrative leave, per department procedure. Kelley also confirmed to the Daily Independent an internal investigation was being conducted.

“We conducted a thorough investigation and all evidence we collected lead to the grand jury deciding not to press charges,” state trooper Shane Goodall told the Herald-Leader Monday.

Civil rights attorney Ben Crump, who has represented the families of George Floyd, Breonna Taylor and others who died in incidents with police, previously said he had been retained by Wilkerson’s family. Crump was not immediately available for comment Monday morning.

This is a developing story and may be updated.

Reporter Rick Childress contributed to this story.