Family sues Santa Fe County over 2022 jail death

Sep. 18—The family of a man who died by suicide in the Santa Fe County jail accuses jail administrators of negligence in a lawsuit.

Marcos Montoya, 42, died in September 2022 after he had been an inmate for more than four months.

The complaint, filed last week in state District Court by Montoya's parents, says he did not answer a list of questions on a "suicide assessment" form when he was booked into the jail, and he was described as appearing hostile, agitated and homicidal. Later that month, he disclosed to jail staff he had been a victim of sexual assault in the past and had suffered a traumatic brain injury, the complaint states.

The complaint alleges jail staff should have considered Montoya at-risk but failed to provide ordinary care to prevent his "reasonably foreseeable suicide," noting his risk factors included serious mental illness, substance abuse, a history of trauma, suicidal ideation and two new prescription medications that "each presented increased risk of suicide."

"A reasonable treatment provider would have monitored Montoya more closely," the lawsuit states.

The lawsuit names the Santa Fe County Commission, the jail, psychiatric nurse practitioner Rebecca Otero-Granger and former jail guard Gabriel Roque as defendants. Montoya's parents seek damages for wrongful death and mental distress.

Santa Fe County spokesperson Olivia Romo declined to respond to the allegations in the lawsuit, citing a county policy against commenting on pending litigation.

Five other people had died at the jail in the year before Montoya's death, according to news reports.

Montoya was booked in May 2022 after he was arrested on suspicion of a list of felony counts including armed robbery and aggravated battery with a deadly weapon, court records show. He was accused of burglarizing the Santa Fe Motel & Inn and battering multiple tenants.

Montoya received care in the jail from Otero-Granger, including in-person sessions and phone sessions, and two new antidepressant prescriptions, according to the lawsuit. It also says jail reports in September 2022 note he had refused medication, meals and recreation time "on multiple occasions."

One evening, Montoya removed the drawstrings from his sweatpants and used them to hang himself in his cell, according to jail reports. He had covered his cell window with paper so jail guards' view inside was obstructed, the lawsuit states.

Santa Fe attorney Jamison Barkley, who represents Montoya's parents, said she would like to see the jail prioritize inmates' behavioral health treatment, which she believes is not happening.

She said Montoya's death — and other recent suicides at the jail — spotlight gaps in care for inmates, who can "fall between the cracks."

"It's wrapped up in the drug problem," Barkley said. "We can't treat the addiction in our community without robust mental health resources. And, just looking at this case, that's not what these guys are getting. They're being thrown away."

The lawsuit was filed Sept. 12, the day another suicide death was reported at the jail. County officials said 50-year-old George Montoya was found dead in his cell that morning after a "self-harm incident" but declined to provide more details.

There have been two deaths at the jail this year.