Seeking justice

Everyday, Steve Borden still questions why his brother died in the Monroe County Jail instead of being taken to the Bloomington Hospital.\nHe wonders why the police aren't cooperating in helping him get answers and why no one was disciplined in his brother's strange death.\n"Are those officers ever going to be punished?" Steve asked. "If that was me, I'd still be in jail. They are peace officers, why should they be above the law?"\nNow, the Borden family is suing the Lawrence County and Monroe County Police Departments, and they said they plan to file a civil suit. \nSteve said he wants to change the system.\n"I want to make sure that this never happens again and correct the problem so that we can move on. Lots of people think it's about money," Steve said. "But my brother is dead, no amount of money will bring him back."\nJames Borden, 47, died on the evening of Nov. 6, 2003, while being processed in the Monroe County Jail. Borden had been arrested by city police earlier that evening for violating his probation. Though he was under house arrest for fighting with his ex-wife, he had wandered to the nearby Jackson Mini Mart, where employees reported to police he was acting unusual and disoriented. \nA report from Borden's probation officer, Alison Piper, to Monroe County Corrections Probation Officer Jeff Hartman shows he was arrested on the night of Nov. 6 at his residence. Police officers had a warrant.\n"Bedford Police Officer and Field Officer Jerry Jackson reported that Mr. Borden was obviously confused and disoriented. He was observed talking to inanimate objects claiming they were his relatives. He was confused concerning the death of his father and unable to stay on topic and maintain normal conversation. ... Mr. Borden did not remember speaking with Mr. Jackson and denied ever having met him, he was not oriented to date or time."\nAn ambulance arrived that night at the Borden resident, according to an Emergency Medical Service report. The EMS told police officers James Borden needed medical attention.\nThe report states, "EMS advised law enforcement of the need of medical care." \nHowever, police told the EMS Borden was under arrest and police were assuming care of Borden.\nHe was then taken to the Monroe County Jail to be processed. \nWhile at the jail, Borden was reported as acting "uncooperative and combative."\nThree separate shocks from a taser gun were given to Borden by Officer D. Shaw, according to a police document. Officer D. Shaw said in a statement he shocked Borden for not pulling up his pants and for being uncooperative.\n"Inmate was being combative ... I asked Borden to lift up his foot to remove the shorts, but he was being combative and refused. I dry stunned Borden in the lower abdominal area ... We got Borden into the booking area. Borden was still combative and uncooperative. I dried stunned Borden in the buttocks area."\nEach shock packs 50,000 volts.\nAfter the final shock, Officer Shaw noted that Borden was no longer responsive and his face was discolored. \nAt that time, an ambulance was called.\nMonroe County Sheriff Steve Sharp said the police officers and the nurse who were involved in the Nov. 6 arrest and processing all acted within the set of BPD rules. \n"The police officers involved followed the protocol of the Police Department," Sharp said. "We will still continue to use taser guns."\nSharp also said none of the seven officers involved received any kind of suspension.\nThe county coroner ruled Borden's death accidental as a result of his enlarged heart, drug intoxication and a heart attack.\nBorden hopes he and his family can move on from his brother's death. Right now, he's searching for answers and justice, hoping his lawsuit might start the healing process and ensure the same thing doesn't happen again in his community.\n-- Contact staff writer Lindsay Jancek at lmjancek@indiana.edu.