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The Riverside Sheriff might be going to trial.

The county’s settlement with the family of an inmate who died in Banning’s Smith Correctional Facility is no longer in place. Trial is scheduled, once again, for May 12 before Central District Court of California Judge Stephen Wilson.

Yareth Aguilar Villagomez died of a drug overdose in the Smith Correctional Facility on June 20, 2022. 

The litigants had reached a conditional settlement Feb. 12. Wilson, the presiding judge, found that the settlement was no longer in place March 12.

Follow Our Courts has reached out to the attorneys for both Villagomez’ family and Riverside County for comment and clarification on the settlement.

“Riverside County jails were known to contain large quantities of illegal street drugs that had been smuggled in by Riverside County employees,” the lawsuit claims. “Defendants knew or should have known that there were drugs in that pod, which should and would have been discovered if defendants properly screened its employees and tested people in that pod.”

The complaint also says that the county was negligent by not monitoring Villagomez according to their standards. 

Riverside County, the Riverside County Sheriff’s Department, Riverside Sheriff Chad Bianco, Corrections Assistant Chief Edward Delgado, Corrections Chief Deputy James Krachmer and Corrections Captain Alyssa Vernal are all listed as defendants.

The case brings 10 causes of action: failure to protect from harm, failure to provide medical care, deprivation of the right to familial relationship, municipal liability, supervisory liability, wrongful death, medical malpractice, violation of the Tom Bane Act, and intentional infliction of emotional distress.

Villagomez was diagnosed with bipolar schizophrenia, and picked up a drug addiction while fighting it, according to her family’s complaint. She was serving time for a drug-related offense, the complaint says.

She left behind three children and a husband.

Riverside County had 18 in-custody deaths in 2022, including a woman who overdosed in Villagomez’ arms two weeks before Villagomez’ death, the complaint says. The county is facing litigation for many of the deaths.

Although the trial is scheduled for May 12, it is possible the date will be moved.

Case information

Caylin Jones and Nathan Oyster of Burke Williams & Sorensen represent the county and its employees.

Denise Tessier of her own Palm Springs office and Joseph Rosenblit of his own San Juan Capistrano office represent Villagomez’ family.

Case No. 5:23-cv-01196

Read the complaint here.

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