CHEEKTOWAGA – The estate of Jared R. Beaver, the man who died in Cheektowaga Police custody last December filed a notice of claim citing their intentions to sue the Town of Cheektowaga for wrongful death.
The 28-year-old was found slumped over in his cell, unresponsive, and bleeding from his nose and mouth hours after being arrested along Walden Galleria Drive for the possession of drugs. Mr. Beaver was cooperative with police officers and did not fight back or resist according to court documents obtained by the Cheektowaga Chronicle.
Jose Vega, Mr. Beaver’s father, filed the notice of claim through his attorney William A. Lorenz Jr. of the HoganWillig Law Firm following an attempt by the town to suppress the claim for missing a 90-day filing deadline.
State Supreme Court Justice Timothy J. Walker granted a motion on September 14th allowing the estate to file the late notice of claim after hearing arguments from Mr. Lorenz and the town’s representative, Marylou Roshia of Colucci & Gallaher.
Ms. Roshia argued that there was no meritorious claim that officers did anything to Mr. Beaver while he was in custody. She said the prisoner was in a bare minimum cell and he was on camera the whole time, and Mr. Beaver was observed shadow boxing and doing jumping jacks. Mr. Beaver entered the jail cell around 10:30 pm and was found nonresponsive around 1 am.
The Cheektowaga Police, as well as the New York State Commission of Corrections, are conducting ongoing investigations into Mr. Beaver’s death.
According to the notice of claim, Jose Vega, individually and as administrator of Mr. Beaver’s estate claims the town failed to protect a prisoner in its custody and failed to prevent the death of Mr. Beaver which resulted in an economic loss, special damages, pain and suffering and other damages.