TUCSON, Ariz. — A wrongful death trial alleging negligence in the death of Jorden Simms, 28, is underway in federal court in Tucson.
A review by the Arizona Attorney General found no evidence of criminal wrongdoing. Now, Simms' mother is seeking justice in civil court.
Attorneys representing Deborah Sanchez, Simms' mother, and Graham County presented opening statements before a jury on Tuesday.
The start of the trial comes four years after Simms' death. The jury is made up of six women and two men.
What happened to Jorden Simms?
On Dec. 26, 2019, Simms was in the back of a prison transport vehicle in Graham County being driven from a facility in Sierra Vista to Safford.
She was handcuffed and had additional restraints on her waist and around her ankles. Officials say she used a small bottle of shower gel to slip out of all three restraints, open the door of the law enforcement vehicle, and jump out of the moving car.
She died from her injuries.
Simms was arrested after a shoplifting call in Safford. Officers looked her up and found an outstanding warrant for her arrest out of Yavapai County. After her arrest, records show Simms complained of stomach pain so she was taken to the hospital.
She claimed the Safford officer who transported her sexually assaulted her while waiting at the hospital. When Simms was later brought to jail, video shows her trying to make a run for it.
Days later, Simms reported the alleged sexual assault. An exam showed her claim to be unsubstantiated.
When she was brought back to jail, Simms claimed she was assaulted again, this time by a female detention officer.
She was taken for another sexual assault exam. She was driven by a female Graham County sheriff's official and a male jail official.
Following that exam, which also later came back as inconclusive, Simms asked to use the bathroom. There, she took a small bottle of shower gel, officials say.
She had her ankle, waist and wrist restraints put back on and the two law enforcement officials began driving Simms to the hospital due to more complaints of stomach pains.
Two blocks from the hospital, Simms jumped out of the car.
Attorney for Simms’ mother alleges county was negligent
During opening statements, Sanchez’s attorney, David Joseph Catanese, claimed Simms’ death could have been prevented.
He detailed Simms’ troubled upbringing and struggle with addiction and mental health issues. He noted after her arrest, Simms was “red tagged”, meaning she was a flight risk. She was also placed on suicide watch.
Catanese referenced Graham County policy in which it states during inmate transport, inmates are to never be allowed out of the line of sight of a detention officer.
Catanese said the female sheriff’s employee had no experience using the waist or ankle restraints and while at the facility for the sexual assault exam, she asked Simms how to take them off.
After the exam, Catanese was critical of the officials’ decision to let Simms use the bathroom out of their direct line of sight. He also questioned how the officials didn’t see or hear Simms taking the restraints off while just inches away from them in the backseat of the patrol vehicle.
Finally, he points out that the child safety lock was left unlocked in the backseat, allowing Simms to open the door from the inside. He noted the law enforcement officials were not aware that their vehicle had a child safety lock.
Catanese believes Sanchez should be compensated for what he described as the law enforcement officers’ negligence.
Defense says Simms’ death was ‘calculated’
Daryl Audilett, the attorney representing Graham County, said Jorden Simms' death was calculated and well thought out.
In addition to discussing Simms' struggles as a parent and challenges seeking treatment for addiction and mental health issues, Audilett noted the many claims Simms made while in custody, ranging from allegations of sexual assault to a pregnancy scare.
On Dec. 26, Audilett said Simms repeatedly asked the officials to turn the heater on, claiming that was to cover the sound of her "stealthily" removing her chains.
Audilett said nobody was aware this vehicle, which wasn't the typical vehicle used by either of these officials, had child locks. He claimed Simms would have been aware of the child locks.
He described Simms as a master manipulator and said she carefully planned out the jump out of the vehicle.
The trial will continue before Judge John Hinderaker this week and the jury will hear testimony from several witnesses, including the two law enforcement officials who were in the car with Simms when she jumped out.
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