The estate of a Trigg County man has filed a wrongful death lawsuit in federal court alleging his death while in custody was the result of negligence by the sheriff’s department and the Christian County Jail.
Lena Akers, the mother of Dylan Akers, filed the lawsuit last month, naming Trigg County Sheriff’s Deputy Gary Hicks, Sheriff Aaron Acree, Jail Captain Wesley Campbell, former Jailer Brad Hewell, and the fiscal courts of Trigg and Christian counties as defendants.
According to the lawsuit, which represents just one side of the issue, Dylan Akers was arrested by Hicks on December 29, 2021, for trespassing following an alleged drug overdose. The lawsuit called the incident a ‘calm arrest.’
The lawsuit went on to say that Akers was taken to Trigg County Hospital following the arrest for evaluation of multiple wounds including a gash to his forehead and evaluation of a brain bleed.
The legal action said Akers was cooperative during his treatment but became combative and was placed in Deputy Hicks’ cruiser.
Once at the Christian County Jail, the lawsuit said Akers was placed in a four-point restraint chair and secured alone and away from supervision, and left unattended for over two hours.
The lawsuit said Akers was found unresponsive one minute past midnight and was transported by ambulance to Jennie Stuart Medical Center where he was pronounced dead on arrival.
A Kentucky State Police detective responded to the hospital, according to the suit, and took pictures of “three deep cuts in the center of Akers’ forehead, two of which had been stitched at the hospital.
Lena Akers claimed in the lawsuit that the funeral director told her to take additional photos of her son’s body because it appeared that he had been choked and dragged across the ground on his torso.
In addition, the suit claims Sheriff Acree reported that Akers’ injury was the result of him falling down the stairs during the initial arrest despite it occurring on a porch with no steps.
Because there was no media release concerning Akers’ death released by the sheriff’s department, the jail, or Kentucky State Police, the News Edge filed an open records request with the sheriff’s department for a copy of the arrest report and case file. An additional open records request was filed with the state medical examiner’s office.
The arrest report from Deputy Hicks said Akers was arrested on charges of public intoxication and resisting arrest. It said Hicks was dispatched to a Maple Lane address to investigate a man who was on a porch, looking inside windows and refusing to leave. Hicks said Akers was rambling and twitching and was at the house to “patch in” to a motorcycle gang. When Akers became combative and paranoid, Hicks said he took him to the ground to control his behavior. The arrest report made no mention of any steps on the porch.
Because of what Hicks called a cut and abrasion to Akers, he was taken to Trigg County Hospital where he was medically cleared. Afterward, Hicks said Akers began to scream and yell when they tried to place him into the jail transport car. Akers was instead placed into Hicks’ cruiser and taken to the sheriff’s office so Hicks could complete his paperwork.
After about 20 minutes, Akers was placed into the jail transport cruiser where Hicks saw the vehicle rocking back and forth. Hicks said Akers was throwing himself in the backseat and was hitting his head. Hicks wrote in his report that Trigg County Deputy Jailer Troy Belt said Akers’ behavior continued to escalate at the Christian County Jail where he fought with the Christian County Jail deputies and was placed in a restraint chair.
Akers’ death certificate listed his cause of death as acute multidrug intoxication that included meth, fentanyl, and buprenorphine.
Dr. Jeffrey Springer with the Kentucky Chief Medical Examiner’s Office conducted a postmortem examination on December 31, 2021. He said in his report obtained through the open records request that Akers died of acute intoxication due to the combined effects of meth, fentanyl, and buprenorphine. It made no mention of any head trauma as contributing to Akers’ cause of death but did say he had fractures of the ribs consistent with CPR being administered.
Springer’s report also listed several contusions, lacerations, and abrasions on Akers. It also said there was no soft tissue hemorrhage within the scalp and an examination of the skull determined no fractures.
The lawsuit is seeking damages against Hicks for use of excessive force, and denial of providing medical care. It also alleges Acree and Trigg Fiscal Court failed to train and supervise Hicks. Campbell and Hewell are alleged to have engaged in cruel and unusual punishment against Akers.
Hewell, Campbell, and Christian County Fiscal Court are accused of denying medical care with Hewell and the fiscal court is accused of failing to train and supervise Campbell.
The seventh count of the lawsuit alleges wrongful death against Hicks, Hewell, and Campbell.
The lawsuit is seeking unspecified damages for financial loss, emotional loss, and pain and suffering in addition to punitive damages.
