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Inmate Held Beyond Release Date, Murdered by Cellmate

The Merchant Law Firm, P.C. has taken on a civil rights lawsuit out of Fulton County after an inmate loses his life following an aggravated attack by his cellmate. The lawsuit was brought by Linda Ware, mother of inmate DeMontae Ware, who had been incarcerated since September 2013 on charges of public urination and criminal trespass. It is known that DeMontae suffered from episodes of schizophrenia, which could be attributed to the criminal behavior; the mental illness also permitted DeMontae to enter a diversion program that would result in the dismissal of his charges.

After DeMontae did complete the diversion program, the court dismissed his charges and ordered his release in June 2014. After the paperwork was sent to the Fulton County Sheriff's Office, it is lost, not filed, or simply ignored, and DeMontae is unjustly kept in jail.

Three months go by and DeMontae, still in jail, was moved into a cell with Bobby Wynn, an individual with known violent tendencies and psychotic episodes. At the jailhouse, Wynn had amassed a long history of aggressive, criminal acts, including starting a fight between several inmates and allegedly raping a cellmate. After being released numerous times, he would usually return to the jail a few days later following an aggravated assault or robbery charge. Two weeks prior to killing DeMontae, Wynn showed a deputy sheriff a rope made from fabric and claimed he would strangle his cellmate to death; DeMontae died due to strangulation the same day he was placed in Wynn's cell.

The injustice of the situation is further developed by the fact that Linda Ware contacted the jailhouse several months earlier to locate DeMontae but was told he was not there. She and her husband only learned about DeMontae's whereabouts after jailhouse officials called to notify Linda of her son's death on the premises. She is now suing Sheriff Ted Jackson, several jailers, and the jailhouse's healthcare contractor, likely for civil rights violations, criminal negligence, and wrongful death.

For more information about this case as it develops, keep an eye on our blog for critical updates. (Daily Report Online also has an article here.) You can also read more in this article reported by The Atlanta Journal-Constitution.

If you believe you need the help of our Atlanta civil rights lawyers for a case of your own, you can call 404.828.0969 and schedule a free initial consultation.