The Clark County Prosecutor’s Office found that a deputy who shot and killed an in-custody patient at PeaceHealth Southwest Medical Center in May 2017 acted lawfully and fired in self-defense.
Deputies Elissa Black and Pam Frisby were guarding inmate John Jefferson Martin, 66, who had been brought to the hospital for treatment, May 18, 2017.
According to the prosecutor’s office review, Martin was brought to the hospital May 17 after he suffered an apparent stroke while in jail.
Martin remained in the hospital the next day, and Black and Frisby were assigned to guard him. He was secured to his bed with a leg shackle.
That morning, after Martin was unshackled and moved to a chair to eat, a doctor arrived to inform Martin that an MRI scan did not indicate a stroke.
Shortly after that, the deputies and medical staff went to move him back to bed and re-shackle him.
Due to the weakness demonstrated in a nurse’s examination at the jail, it was unclear whether Martin could stand or move on his own.
A student nurse went to provide him some support, and he shoved her away. Black said she told him to get back, to which he said, “No, you get back,” and started punching Black, with the first blows to her eye and head.
It appeared that Martin had been faking his stroke symptoms, according to the review, and he backed Black into one corner of the room.
Frisby entered the room to help, and Martin continued to fight, forcing both of them back. The student nurse then left the room to get help.
The deputies continued trying to restrain Martin, and they told investigators they were losing the fight. Martin continued to hit them, knocked them down several times and, at one point, flipped Frisby over.
Frisby said she felt Martin grab at her firearm, but she was able to twist away.
“Later, both deputies indicated they felt by this time that Martin was trying to murder them and then escape,” Chief Deputy Prosecutor Scott Jackson wrote in the review report.
In an attempt to restrain Martin, Black fired her stun gun at him. Both nodes struck his chest, but it apparently had no effect, and the struggle continued.
Martin again came at Black, who said she fell over a chair. In response, Frisby grabbed Martin in an attempt to pull him away. As she did that, she shot Martin in the torso. Martin fell to the floor.
Hospital staff said Martin made them fear for theirs and others’ safety, and several employees said they thought Frisby saved lives. Black said she thought Frisby saved her life as well, according to the review.
Jackson wrote evidence at the scene supported Frisby’s description of what happened, and it was “objectively reasonable” to conclude Martin was trying to kill or seriously injure one or both of the deputies.
“The conduct of Deputy Frisby, under the circumstances with which she was presented, was reasonable, justifiable and lawful,” Jackson wrote.
