RSW Regional Jail Authority will go into a second closed session on personnel issues related to inmate overdose death

The agenda for the coming April 28^th meeting of the Rappahannock-Shenandoah-Warren (RSW) Regional Jail Authority indicates a second Authority closed session scheduled to discuss personnel issues related to two inmate overdoses with one fatality on December 12, 2021. The first closed session discussion on potential failures of staff regarding the presence of illegal opioid drugs by inmates inside a wing of the facility occurred at the Authority’s March 24^th meeting. The minutes of that March meeting reflecting the superintendent’s open session briefing on the incident, as well as the convening and exiting into and out of closed session for further discussion, are on the April 28 Authority agenda for approval.

Regarding the “Death in Custody Briefing” of RSW Regional Jail Superintendent Russ Gilkison on March 24, the meeting minutes state:

“Mr. Gilkison explained that the event took place on the night of December 11 and into the morning of December 12; inmate Daniel Shifflett and inmate Jonte Smith who were both incarcerated; had a medical emergency that was discovered after the fact that it was an overdose. The inmates obtained the heroine (sic) that inmate Shifflett stated that they were taking; from another inmate inside of the housing unit.

“Staff responded to the medical emergency; performed First-Aid, CPR to include AED, administered Narcan, and EMS was called. Mr. Shifflett was revived about the time EMS arrived on the scene, unfortunately, Mr. Smith was not revived by our staff or EMS and was taken via local transport to the hospital where he was pronounced dead on December 12, at 0120 hours (1:20 a.m.).”

Jonte Smith, 21, died on Dec. 12, 2021, as a result of an opioid overdose while an inmate at RSW Regional Jail. He was incarcerated on Sch. I and II drug possession and a firearms charge at the time of his death. Courtesy Photos RSW Jail website

As to the move into closed session for further discussion, the minutes note that: “At 3:02 p.m., Mr. Daley (WC Administrator), seconded by Mr. Butler (WC Sheriff), moved to convene in a closed session pursuant to Virginia Code §2.2-3711-A1 for the discussion of personnel matters involving the performance of specific staff that was involved in the recent deaths in custody.” The motion was carried by the following vote: Steven Baker Absent; Garrey Curry Aye, Mark Butler Aye, Edwin Daley Aye, Van Carney Aye, Delores Oates Aye, Tim Carter Aye, Evan Vass Aye, Connie Compton Aye.

“At 5:18 pm, Mr. Daley, seconded by Mr. Butler, moved to reconvene to open session and certified that only public business matters lawfully exempted from the open meeting requirements of the Freedom of Information Act and identified in the motion to go into closed session were heard, discussed, or considered in the closed session.” That motion was approved by the same unanimous consensus listed above, with the one absence.

Inmate overdose survivor Daniel Shifflett, 32, and a second inmate, Brian Martin, 34, were indicted by a Warren County Grand Jury on April 11 for Second-Degree Murder in what is believed to have been the 21-year-old Smith’s accidental death from an opioid drug overdose. Other pending charges against Shifflett, who was incarcerated on a Probation Violation charge related to earlier drug offenses when he overdosed inside the jail, include 10 counts of distribution of a Schedule I or II substance for at least a third offense. Martin is charged with eight counts of distribution of a Schedule I or II substance for at least a third offense. At the time of his death Smith was incarcerated on possession of Schedule I, II drugs and a firearms charge.

Search Warrant information related to Smith’s death focus much attention on inmate Brian Martin’s role in a suspected smuggling of narcotics into the jail during his Dec. 3, 2021, processing into RSW on drug charges. Along with Martin, Dec. 12 RSW overdose survivor Daniel Shifflett, below, faces a 2nd Degree Murder charge in Smith’s death.

Shifflett and Martin have hearing dates in Warren County Circuit Court on May 16. Both are being held without bond at RSW Regional Jail. The direct indictments handed down by the grand jury contained minimal information surrounding the drug distribution and use in the jail culminating with Smith and Shifflett’s overdoses on December 12. However, other paperwork on file in the court clerk’s office provides additional detail as noted in an earlier NVD story. Much of that detail from affidavits attached to search warrants revolve around Martin.

Martin was arrested in the Town of Front Royal on December 3^rd after law enforcement chased him down on foot and recovered a bag of what was described as “Scramble” a Fentanyl-based mixture of drugs, that Martin dropped or threw down during the pursuit. Material attached to a search warrant on file related to the case indicates Martin is believed to have snuck opioid drugs into the jail during his December 3^rd processing into RSW. He then began distributing those drugs for profit through deposits made into a cash ap in his name for service expenses inmates are charged for while incarcerated. Those deposits were apparently made by non-incarcerated associates of inmates seeking the drugs.

Several inmates have since failed urine tests, including Martin, who was discovered to have a bag of powder believed to be heroin stuffed down his pants in the wake of the December 12 overdose incident and fatality.

Contacted about the timing of the grand jury indictments nearly four months to the day after the Smith overdose fatality, Warren County Commonwealth Attorney John Bell said that newly convened grand jury was the first seated after his staff was able to sit down with Warren County Sheriff’s Office investigators to get a summary of their findings. After that briefing his staff felt confident in proceeding with charges against Shifflett and Martin related to the overdose death of inmate Smith, Bell indicated. Assistant Commonwealth Attorney Nick Manthos is lead prosecutor in the Shifflett and Martin cases.

Royal Examiner has tried to acquire additional information on the suspected drug distribution scheme inside the jail that led to Shifflett and Martin facing essentially the same legal liability in Smith’s death. However, jail officials, prosecutors, and investigators are limited in public comment on the cases due to the ongoing nature of the investigation.