CHARLESTON – The father of a Mineral County man blames the state jail system for his son’s suicide at South Central Regional Jail.
Douglas M. Bircher, individually and as administrator of the estate of Paul P. Bircher, filed his complaint April 12 in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation.
"This is yet another instance of our regional jail system failing an inmate struggling with mental illness," attorney L. Dante diTrapano told The West Virginia Record. "We have also notified Wexford Health of our intent to sue and sent a screening certificate of merit to them."
diTrapano
According to the complaint, Paul Bircher went to Potomac Highlands Guild on October 20, 2020, for a scheduled appointment regarding long-term drug treatment. Candace Welsh, a counselor, refused to admit Bircher because she believed h was under the influence of drugs. Instead of contacting EMS for transport to a medical facility for detox, the facility called parole officer Joshua Myers.
It says Bircher’s medical records from October 21, 2020, show he was an alcoholic, had been in rehab, had tried to commit suicide within the last month, felt suicidal and had been treated by a psychiatrist.
On April 10, 2021, Bircher was arrested and taken to South Central Regional Jail in Charleston. His medical records from April 11, 2021, show he never had consumed alcohol, never abused drugs but does use methamphetamines, has no history of attempted suicide and has not been treated by a psychiatrist. He was placed on a 14-day new intake isolation.
On April 11, 2021, Bircher was arraigned on felony charges of threatening to commit a terroristic act related to comments he made at Potomac Highlands Guild in October 2020.
On the afternoon of April 12, 2021, a medical emergency was called to SCRJ saying Bircher had attempted to hang himself with sheets. Later that day, the criminal charges against him were dismissed without prejudice.
The next day, Bircher died from the injuries sustained while attempting to commit suicide at SCRJ.
The estate accuses the WVDCR of deliberate indifference in violation of clearly established laws, negligent training and supervision, negligence and vicarious liability.
The estate seeks compensatory damages for Bircher’s pain and suffering prior to his death, the sorrow and emotional suffering of his beneficiaries and the loss of emotional support of his beneficiaries. It also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano, Amanda Davis and Charles Bellomy of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-320