Updated: Grand jury won’t file charges after Kentucky man dies in police custody
A Boyd County grand jury decided not to file criminal charges after a man died in police custody, Kentucky State Police announced Friday.
Clarence Wilkerson, 34, died in March while in custody of the Ashland Police Department. The Kentucky State Medical Examiner’s Office ruled that Wilkerson’s death was accidental — the official cause being acute methamphetamine intoxication, KSP said in a news release.
The case was presented to the Boyd County grand jury last week after an investigation was completed, according to KSP.
“A report was issued by the grand jury that no criminal charges were to be filed,” KSP said in a news release.
Bystander video — which sparked criticism of how police handled the incident — showed Wilkerson suffering from health issues while being put into the back of a patrol car. The video has since been removed online.
Det. David Boarman with KSP interviewed the bystander two days after the incident, according to investigative documents obtained by the Herald-Leader through the Kentucky Open Records Act. The bystander told Boarman that Wilkerson had been at her residence that morning and maintained he was not intoxicated.
Wilkerson encountered officer Jon McCormick shortly after leaving the bystander’s residence, according to investigative documents. The bystander told Boarman she believed McCormick had a bias against Wilkerson but did not have any definitive evidence of that claim.
A brief pursuit happened after Wilkerson encountered McCormick, according to investigative documents. After Wilkerson was placed under arrest, he could barely walk and was “white as a ghost,” the bystander told Boarman.
The bystander estimated five minutes elapsed from when Wilkerson fled to when he was brought back to a police cruiser, according to investigative documents. Wilkerson was subsequently transported to King’s Daughters Medical Center, where he died.
Boarman also spoke to another witness who said the arresting officers were trying working with Wilkerson in a kind manner, according to investigative documents.
Wilkerson had methamphetamine, amphetamines and THC in his blood, KSP said previously. He also had a prior heart condition which “included congestive heart failure, hyperlipidemia, and diabetes,” the police press release said.
Wilkerson’s family also confirmed his heart condition to Boarman and said he had a history of drug use, according to investigative documents.
No signs of trauma were found on Wilkerson’s body by Boarman and Deputy Coroner Harold Holly, according to investigative documents.
Law enforcement previously said Wilkerson was being pursued and detained on outstanding 2017 misdemeanor charges. Wilkerson was in possession of a crystal like substance suspected to be methamphetamine along with other items when he was arrested, according to investigation documents.
Dispatchers were told Wilkerson might have swallowed drugs during the pursuit to destroy evidence of a crime, investigative documents said.
The Ashland police officers who were on the scene of Wilkerson’s arrest were McCormick, Chris Brislin and Tony Floyd, KSP said. None of the officers involved in the incident had body-worn cameras. However, there was a camera in McCormick’s cruiser that captured Wilkerson in the backseat of the cruiser.
Ashland Police Chief Todd Kelley confirmed to the Daily Independent in Ashland that all officers involved in the incident were placed on administrative leave, per department procedure. Kelley also confirmed to the Daily Independent an internal investigation was being conducted.
“We conducted a thorough investigation and all evidence we collected lead to the grand jury deciding not to press charges,” state trooper Shane Goodall told the Herald-Leader Monday.
Civil rights attorney Ben Crump, who has represented the families of George Floyd, Breonna Taylor and others who died in incidents with police, previously said he had been retained by Wilkerson’s family. Crump was not immediately available for comment Monday morning.
This is a developing story and may be updated.
Reporter Rick Childress contributed to this story.
This story was originally published July 3, 2023 at 8:41 AM.
