Jail log tells of lengthy ordeal

Logbooks from the old Guilford County jail in downtown Greensboro show that Christopher Mason Armstrong, the inmate who died in December 2010 after being held in a restraint chair for the better part of three days, was checked on frequently by detention officers. However, those logbooks only contain one instance of Armstrong being let out of the chair in the final 24-hour period of restraint that led up to his death.

Guilford County Sheriff BJ Barnes said that, based on conversations he's had with jail staff as well as other evidence, he's convinced detention officers did remove Armstrong from the chair more than once during that 24-hour period. He said they failed to note doing so, however. Barnes said that, though not reflected in the logbook, Armstrong was occasionally let out of the chair to walk around and use the restroom.

Barnes contends that the only thing his staff did wrong was fail to keep proper records of Armstrong's confinement in the chair.

A Report of Autopsy Examination from the NC Office of the Chief Medical Examiner in Chapel Hill cites blood clotting in the lungs as Armstrong's immediate cause of death, and that same medical report states that his restraint was a contributing factor in his death.

In other cases around the country, sitting for prolonged periods of time in similar restraint chairs – sometimes referred to as "the devil's chair" – has been associated with the type of pulmonary clotting that apparently killed Armstrong. In some cases, blood congeals in the inmates immobilized arms or legs, forming clots that then move to the lungs causing death.

On Nov. 1, 2012, Guilford County paid Armstrong's family $475,000 to settle a wrongful death suit against the county.

A copy of the isolation/segregation logbook pages during the time Armstrong was in the chair were obtained by The Rhinoceros Times through a public records request. Those records reveal two extended periods of confinement in the chair for Armstrong – one that began in the early morning hours of Saturday, Dec. 25, 2010, ending sometime later that day, and the final period, which began Sunday afternoon, Dec. 26 and ended shortly after 4 p.m. on Monday, Dec. 27.

Just after 4 p.m. on Dec. 27, Armstrong was finally removed from the chair. Moments after that he collapsed. He was taken to the emergency room at Moses Cone Hospital where he was declared dead.

The copies of the logbook pages provided to The Rhinoceros Times are redacted and at certain points illegible due to handwriting or poor reproduction quality.

The first sheet in the log provided to The Rhino Times states that Armstrong was first put in the chair at 2:20 a.m. on "12/24/10" – a date that was filled in twice at the top of that sheet. However, Matt Mason, the attorney for the Guilford County Sheriff's Department, stated in a letter that accompanied the delivery of the logbook entries to The Rhino Times: "Note that the first page actually begins with the early morning hours (2:20 a.m.) of December 25, 2010, not December 24, 2010."

Assuming that's the case, the first page indicates Armstrong was restrained in the chair on Christmas morning, and was held there, for his first stay, from 2:20 a.m. Dec. 25 until at least 2:02 p.m. that day.

At that point, the final notation for that stay in the chair is at the end of a page of a logbook. It states, "Sitting in chair." However, it does not say Armstrong was removed from the chair.

Since the notation is on the last line at the end of a page, and it indicates he was still in the chair, it's not clear when his release from confinement on Christmas Day came. But the logbook clearly indicates he was held in the chair from 2:20 a.m. until at least 2:02 p.m. that day.

The next page provided to The Rhino Times is dated "12/26/10," which was Sunday, Dec. 26, the day following Armstrong's 12-hour or longer confinement.

The records pick up again on Dec. 26 with a notation on the first line of a new logbook page that states that Armstrong was placed in the restraint chair in Holding Cell Number 1 at 3:57 p.m. due to being on suicide watch.

According to the jail records, he was held in the chair until 4:09 p.m. the following day – Monday, Jan. 26 – when he was removed shortly before his collapse and death.

During the final period of restraint from Sunday afternoon to after 4:09 p.m. Monday, there are many notations, several an hour, but there is only one entry in that 24-hour period that states Armstrong was removed from the chair. The logbook entry for Monday, Dec. 27 at 2:10 a.m., states: "Taken out of chair to use bathroom and go to room."

Armstrong is recorded as being placed back in the chair 15 minutes later, where he remained until he was removed shortly before his death, according to the entries in the logbook.

When County Attorney Mark Payne was asked in an email if there is a legal limit on how long an inmate can be confined in a restraint chair, Payne responded, "There is no statute I am aware of that speaks directly to the question of how long should one be restrained in a restraint chair."

The Rhinoceros Times has obtained the Sheriff's Department's jail policy manual for the use of the restraint chair, and that document does not list a maximum time for which an inmate may be confined to the chair.

The policy manual calls for guards to check on restrained inmates at least four times an hour. It also states the chair should never be used to punish an inmate but is to be used only when an inmate is a danger to himself or others, or when he or she is displaying highly irrational behavior that is resulting in the destruction of county property. Also, it states that any inmate confined to the chair must be kept isolated from other inmates.

The policy manual also states that detention officers are to make a notation in the logbook each time an inmate is let out of the chair.

According to the rules laid out in the manual, a sergeant or someone of higher authority must evaluate the inmate's condition every two hours and document that the review was conducted.

In the materials provided to The Rhino Times, there's no indication that procedure was followed.

On each page of the isolation/segregation report form, there is a space on the left side of the sheet to write down the time, a space on the right for the officer to sign his or her name, and, in the middle of each line, there is a place for comments. The form offers some examples of the sort of comments that should be made: It says, "Comments (i.e. shower, attorney visit, medical, out-of-cell.)"

There are many entries in the logbook that indicate Armstrong was observed by guards frequently. There are multiple notations – usually four an hour – in which Armstrong is recorded as "Sitting in chair," "Sleeping in chair," "Sitting in chair coughing," or "Appears to be sleeping." There are many similar entries.

At 3:57 a.m. on June 27, Armstrong is noted as "Asking to get out of chair," and the next notation, at 4:10 a.m., states Armstrong is "Sitting in chair with head down."

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When Barnes was asked why guards would take such frequent notes but not list what would seem to be a major event – taking Armstrong out of the chair and putting him back into it – Barnes said he didn't know why guards didn't record those events.

Barnes said his look into the matter, however, has convinced him Armstrong was released from the chair; and he said there is a video that shows Armstrong out of the chair during that 24-hour period of confinement.

Barnes added that Armstrong wasn't relieving himself while in the chair, and he said that's further evidence Armstrong was periodically removed and taken to the bathroom.

Barnes also said there's no proof that being in the chair caused Armstrong's death. The sheriff said that anyone in good health in normal circumstances could be unfortunate enough to die by blood clotting of the type that medical examiners say killed Armstrong.

Barnes also said the 21-year-old inmate had been banging his head on the cell walls before being put the chair, which was one reason he was restrained in the first place.

In the logbook at several points in time, it mentions, "Nurse present" or has a similar indication.

In addition to suing the county, the family also sued Prison Health Services (PHS) – which now goes by the name Corizon – the company that provides medical service to the county's jails and also to the county's clinic in southeast Greensboro. One source with knowledge of that suit said that PHS/ Corizon settled the suit against them for a larger amount than the nearly half million dollars paid out by Guilford County.

Bill Hill, an outside attorney who handled the case for the county, like Barnes, contends that the main issue for Guilford County was a failure to keep proper records during the time Armstrong was confined to the chair.

Hill also said the family wished to keep the matter quiet.

According to Payne, the Guilford County Board of Commissioners approved the terms of the $475,000 settlement in closed session in mid October.

Payne said it is permissible under state law for the board to give consent on legal settlements in closed session, and he said he had also gotten an opinion on that from the NC Institute of Government, which he said concurred with his opinion.

NC General Statute 143-318.11 states, "The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded."

Payne said official notification of the settlement will occur when the minutes for the closed session in which the settlement was discussed are approved by the board. That is expected to happen at the board's Thursday, Feb. 7 meeting. Those minutes do not mention the nature of the case or the amount of the settlement.

A draft of the minutes of the Nov. 1, 2012 closed session states: "William Hill, Attorney representing Guilford County Sheriff's Department, informed the Board that settlement documents have been signed regarding the death of an inmate in the Guilford County Detention Center. Chairman [Skip] Alston asked questions concerning the settlement and Sheriff Barnes explained the events of the case. Sheriff Barnes said he has addressed the issues that led to the settlement and as a result a policy change has been made in his department."

The minutes also state that former Commissioner Paul Gibson ask Hill in that closed session how much he was getting paid by the county and, according to the minutes, "Mr. Hill said in excess of $10,000."

The Rhino Times has requested the total legal cost of Hill's services from Payne in two emails and a phone call but the county attorney has not provided that information.

Armstrong was being held on a $4,000 bond, which meant that $400 paid to a bail bondsman could likely have gotten him out of jail. Armstrong was in jail for about a week before his death. He was being held on assault and battery, extortion, and two counts of failure to appear.

Sources who described Armstrong at the end of his life say he was a troubled man with mental issues; however, his life up until a few years before his death seems to be a different story.

He was born on Nov. 1, 1989 in Wilmington to Terrell Edward Williams and Marsha Lorraine Armstrong. That means the settlement was paid to the family on what would have been his 23rd birthday.

According to Armstrong's obituary, he graduated from Heide Trask High School in Pender County in 2007. After High school, Armstrong spent part of the summer traveling before he went on to become a student at NC State University.

His obituary states, "While in High School Mason would be a very good student and an exceptional athlete who participated in basketball, football, Track and Field, and JROTC. He attended the New Born Church of God and True Holiness. He sang in the Youth Choir, and played the saxophone. Mason loved to play the saxophone and developed into a skillful musician. In March of 2004 Mason received the Gift of the Holy Ghost."