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Man left to die slowly with broken ribs in southern Colorado jail, lawsuit alleges

A lawsuit filed Thursday in connection with an April 2023 jail death in Huerfano County lists more than a dozen defendants who allegedly caused or contributed to the death of 69-year-old Michael Burch while he was in custody.

Rathod Mohamedbhai LLC and The Law Offices of Adam J. Schultz filed the lawsuit on behalf of Burch’s estate. The list of defendants includes the Huerfano County Board of Commissioners, the Huerfano County Sheriff’s Office, the Spanish Peaks Regional Health Center and nine other individuals involved with the jail including paramedics and nurses.

The lawsuit alleges Burch — a retired correctional officer — was severely injured and left to suffer in his cell in Walsenburg from March 28, 2023, to April 4, 2023, when he was found dead. Burch was a pre-trial detainee in custody after a mental health crisis that resulted in his arrest March 25, 2023.

While Burch was in custody, the lawsuit alleges he was severely injured by Detention Officer Stuart Pino. The injuries caused his death, according to the county coroner.

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Pino allegedly shocked Burch with a Taser and then “pummeled” him into a metal bench, breaking six ribs, puncturing several organs and causing internal bleeding, all because Burch was seen holding a pencil. The injuries led to the development of a deep dark bruise spanning his lower torso over the following days from blood hemorrhaging.

According to the lawsuit, Pino was employed in August 2022. At the time, Pino was at least 21 years old and had his high school diploma or GED.  The lawsuit states that Pino was not given the proper training, as he was not a graduate of any law enforcement academy. Lawyers allege Pino has since received a promotion.

The county’s use of force policy has not been updated since 2014, according to the lawsuit.

Also in the lawsuit, it’s alleged that Pino’s supervisor, Captain Lea Vigil was present during the assault and later admitted the circumstances did not require the force that was used on Burch.

Burch consistently asked to be taken to the nearby hospital — only six minutes away — but all requests for medical attention were denied, the lawsuit states. As he asked for help, he said “My ribs are crushed … all the ribs are into my body.”

The lawsuit alleges Burch was then locked in the cell with a covering over the window. When taken down, Burch continued to ask for help.

Burch was found dead in the early hours of April 4, 2023. A coroner performed an autopsy April 7, 2023, and ruled the cause of death to be homicide due to blunt force trauma.

The lawsuit says the injuries were so severe that Burch’s body “stopped using his right lung” to reduce the pain of breathing but slowly suffocated him.

The “family is devastated and has nightmares about their father’s final days as they put themselves in his shoes,” said attorney Qusair Mohamedbhai. “They’ve experienced unbelievable grief, unbelievable trauma and unbelievable anger.”

The lawsuit asks for compensation and consequential damages, punitive damages and attorneys’ fees “in an amount to be determined at trial.”

Michael Burch in an undated photo. (Contributed)
Michael Burch in an undated photo. (Contributed)
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