FROM STAFF REPORTS
A Bastrop man died while in the custody of the Elgin Police Department on Sunday.
James Haywood, 33, of Old McDade Road, was arrested by the Elgin PD and charged with possession of marijuana following a disturbance call in Elgin. According to reports, Haywood suffered a seizure on Texas 95 in between Texas 71 and Texas 21 while en route to the Bastrop County Sheriff’s Department. He was taken to Smithville Regional Hospital where JP Precinct 1 Donna Van Gilder was called in to investigate in the early hours of Sunday morning.
According to records obtained by The Bastrop Advertiser following an open records request, Elgin police officers Scott Roberson and Richard Johnson witnessed Haywood ingest a white substance that later reportedly tested positive for cocaine. After being taken to the Elgin Police Department for booking at approximately 2:40 a.m. Sunday morning, Haywood was transported to the county jail at about 2:55 a.m. The report states that Haywood began having convulsions while in the back of the police car. He was transported to the hospital by Guardian EMS and arrived there with no pulse, the report states.
On Tuesday Elgin Police Chief Chris Bratton said his officers followed protocol and that Haywood showed no signs of reaction until moments before arriving at the Bastrop County jail.
“According to the reports I’ve gotten, there was no indication that he was under duress,” Bratton said. “There was no indication of intoxication or having problems of any kind.
“Haywood repeated several times, ‘Don’t worry about it, I’m fine,’” Bratton said. “That doesn’t mean our officers will be less observant. We were closely keeping an eye on him.”
Bratton said even when officers see someone swallow something, they can’t force the issue.
“We never know if it’s something dangerous (the suspect swallows), that’s part of the problem,” Bratton said. “We’ve got to talk to people and say, ‘What did you eat?’ We just can’t throw them down to the ground and drag it out of them. What if it’s something innocent like a cookie?”
Bratton said Johnson was transporting Haywood to the jail when Haywood starting having a reaction near the intersection of Texas 95 and Texas 21, less a mile from the jail. He added that Johnson was “the most experienced” patrol officer on duty, with over 25 years, and that he reacted properly.
“When (Haywood) started having a reaction, Officer Johnson called the jail and told them to have medical people meet him,” Bratton said.
Bratton said his department will conduct their own investigation, along with the Texas Rangers.
“We’re conducting an investigation to make sure we did everything we could have done,” Bratton said. “We will absolutely review our procedures and see if changes need to be made.”
Family members expressed grief and shock over Haywood’s death.
“He was just a man struggling to bring himself together,” said Haywood’s mother Ava. “He was no different than any other young black man.”
She said her son worked for Goodwill.
“He wanted to always be the best,” she said of the second of her five children. “He made mistakes like everyone else.”
She said she feels the police officers could have taken better care of him.
“He didn’t deserve to die like an animal out in the field,” she said. “He didn’t deserve to be treated like less than he is worth. Justice is not for discriminating against. They had no right to let him die.”
Haywood had six children, three step-children and another child on the way.
Pendergrass People’s Mortuary in Smithville is handling the arrangements.