Lawyer for family: Attorney General probing Orange County Jail inmate death

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Maya Davilla, the daughter of Niki Capaci, speaks in front of the Orange County Government Center on Wednesday.

GOSHEN – Niki Capaci’s last hours before she died at Orange County Jail last May saw her reduced to a wheelchair and semi-conscious, according to her family members.

Capaci’s loved ones gathered in front of the Orange County Government Center on Wednesday to share details about her death and the federal lawsuit the family filed on Monday against Orange County and its jail medical contractor, claiming their negligence led to her death on May 6, 2023.

The family’s attorney, Jaehyun Oh of Fuchsberg Law, said that the State Attorney General’s Office is also investigating the death of Capaci, 40, a mother of seven. According to Oh, the Attorney General’s Office has indicated that they would look into whether there was criminal culpability by jail staff.

Attorney Jaehyun Oh represents the family of Niki Capaci

Orange County has not commented on the lawsuit.

“We have video of the final times that Niki went to medical that day,” said Capaci’s brother Ben Capaci. “She was unable to get there and back physically, and we have spoken to one individual who was her neighbor in the next cell over. She told us that her screams and pleas were ignored for hours. Niki was found hours later, we were told.”

According to the lawsuit, Capaci reported to the jail right after being taken into custody on May 3, 2023, that she had recently used drugs and required withdrawal management. They allege over the next three days she repeatedly went to the jail’s medical unit in a deteriorating physical condition which indicated the detox given by the jail was ineffective.

“We stand for the principle that this inhumane treatment is not acceptable no matter what the person has done or who they are,” Oh said. “Nobody deserves to be deprived of medical treatment in a critical time when they are seriously and visibly ill, as was Niki over three days when she was in Orange County Jail.”

Capaci’s autopsy, conducted by the county, said she died from drug intoxication. However, the attorneys allege that drug withdrawal can be fatal unless carefully managed. They say that jails have protocols to ensure that inmates are given proper detoxification and monitoring and if they fail to follow those, jail personnel can be held liable.

The lawsuit alleges jail personnel as well as Wellpath, a company that contracts medical care to the county jail, failed to follow their protocols and were “deliberately indifferent to Ms. Capaci’s serious medical needs.”

The family is seeking compensatory damages for personal injuries, pain and suffering, emotional distress, wrongful death, economic damages, and other harm in an amount to be determined at trial.

“I have not reviewed any of the videos because I can’t do that, but I assume (Capaci’s last hours) were horrible,” said Capaci’s mother, Carolyn Morse. “She was probably in a lot of pain. She wasn’t being treated properly for her withdrawal symptoms, profuse vomiting, and diarrhea. She should have been sent out to a hospital for rehydration.”




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