The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.
Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.
The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.
Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."
A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.
According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.
Gambino's family has reportedly filed a lawsuit against the county over his death.
The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.
UPDATE 2 p.m.: Here is a statement from Sheriff Gary Maha on the report:
Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.
We did receive the preliminary report from the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.
For previous stories about Gambino, click here.