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Family intending to sue after man was killed while in MCSO custody

The family of Richard Cano has filed a notice of claim against the county after Cano was allegedly strangled to death in jail.

PHOENIX — The family of a man who was allegedly murdered inside a Maricopa County jail last September is planning to sue the county for negligence.

Richard Cano Sr. died on Sept. 24, 2022 after jail staff found him lying unconscious inside his cell. His manner of death has been listed as a "homicide" by the Maricopa County Medical Examiner's Office. 

Attorneys representing Cano's family said he was strangled to death by Thomas James Desharnais who had been sharing a cell with Cano. Desharnais is awaiting trial for his alleged involvement in the murder of an 11-year-old boy.

At this time Desharnais is not facing any charges in relation to this incident despite him being named in the sheriff's incident report as a suspect.

Cano's family is now questioning why a non-violent inmate struggling with addiction was placed in a cell with a man who's facing the death penalty for allegedly harming children.

"Nobody deserves to lose their life," said Richard Cano Jr., the victim's son, while speaking to 12News on Monday. 

The family's attorneys said they've recently filed a notice of claim, a document that must be filed by a plaintiff can sue a government entity, in response to Cano's death. 

Several in-custody deaths have occurred at MCSO over the last few years and the agency needs to be held accountable for these incidents, the lawyers said.

"This appears to be a trend that isn't getting any better," said attorney Anthony Ramirez.

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