Durham County detention officer Alexander Pettiway Jr., 55, died last week and his death certificate is very clear about the cause of death: “COVID-19 / acute hypoxic respiratory failure.”
But several days after his death, the Durham County Sheriff’s office won’t acknowledge why he died or give any details on where he worked or if he could have exposed inmates or other staff at the county jail. Spokesman David Bowser said the office can’t discuss the cause of death or details about Pettiway because it is a “personnel” issue and his privacy is protected under the Health Insurance Portability and Accountability Act (HIPPA).
Bowser could only offer assurances that no inmates had tested positive for the coronavirus. He did not say if there had been any changes in procedures following Pettiway’s death. The sheriff’s office and the death certificate conflict on the day of his death: the office says Saturday, and the certificate says Friday.
Last week, the Sheriff’s Office had announced that six Durham County Detention Center staff tested positive for COVID-19, but also declined to say where they worked or how much the workers interacted with others.
The office’s lack of details doesn’t sit well with Durham defense attorney Daniel Meier.
“It’s a huge frustration there is not more transparency,” Meier told The 9th Street Journal. “I get the reluctance to name specific names, but it is important to know as much as we can.”
Along with others, Meier has to go into the jail frequently to visit clients via video kiosks, so he said it would be helpful to know if he had come into contact with any staff that had tested positive. He said he also is frustrated that the sheriff’s office didn’t directly tell local attorneys that staff had tested positive for the highly infectious virus.
Meier said he and other lawyers are criticized for filings asking for relief for clients due to the dangers of COVID-19 in jail, but there isn’t enough information to know that the jail is safe.
“They say it’s not [dangerous], but won’t provide the information for us to know that,” Meier said.
Meier noted that Durham County Sheriff Clarence Birkhead did tell CBS17 last week that one of the six that tested positive worked with inmates and that “a majority of the six employees worked on the first floor of the detention center where intake and booking occurs.”
But official statements from the communications office have lacked those details. The release about Pettiway’s death offered condolences and, without drawing a direct connection, pointed out the steps the sheriff implemented more than a month ago to slow the spread of the virus.
The jail took steps to fight the spread of coronavirus on March 16, including banning all in-person and video visitation, using video kiosks for client meetings and having all first appearance hearings via video conference. The medical staff has been conducting COVID-19 screenings and making masks available to inmates.
Amid coronavirus outbreaks plaguing jails and prisons nationwide, Durham County District Attorney Satana Deberry has worked to reduce the jail population. The jail is well below capacity with only 259 inmates out of a possible 736. Deberry also has worked to cut the state prison population by green-lighting modified sentences for some prisoners.
“The Durham DA’s Office extends its deepest condolences for the loss of Senior Detention Officer Pettiway, a dedicated public servant. Our thoughts are with his family and the entire Durham County Sheriff’s Office,” Deberry told The 9th Street Journal via a spokesperson. “We will continue to review cases individually and make recommendations regarding release conditions based on public health and public safety.”