VISTA — The Citizens’ Law Enforcement Review Board found that two deputies were criminally negligent by failing to properly evaluate and assist a male inmate who died at the Vista Jail in 2024 after he was struggling to breathe and asking for help.
Bobby Ray Patton Jr., 46, died three days after Christmas in 2024 after suffering from flu-like symptoms. An April 2 report by the review board, known as CLERB, states that the morning he died, two deputies observed him moaning and in apparent medical distress while conducting safety checks, but did not take any action to respond.
The report sustained findings of criminal negligence by the two deputies, referred to as deputies 1 and 3. It also sustained various findings of procedural misconduct, including: failure by both deputies to recognize or respond to a medical emergency during a safety check, failure by Deputy 3 to complete a safety check, and failure by Deputy 1 to conduct count procedures.
The findings of criminal negligence appear to be unprecedented in the 35-year history of the citizen’s review board, said CLERB Executive Officer Brett Kalina. CLERB will refer its findings to the San Diego County District Attorney’s Office.
“As for DA reviews, they have been made in the past based on discovery of evidence as we have a cooperation and coordination clause in our rules and regulations. I know CLERB has worked with the DA’s office in the past. I will be providing the Board’s findings to the District Attorney for review,” Kalina said.
Patton was arrested on Nov. 25, 2024, in Riverside County on a felony probation violation warrant from the San Diego County Sheriff’s Office and booked into the Vista Detention Facility.
Upon his arrest, Patton disclosed a history of fentanyl use and prior participation in a methadone treatment program. Jail staff placed Patton under detox monitoring due to the presence of fentanyl and methadone in his system, but removed him from monitoring three days later after he appeared to be in stable condition.
A month later, on Dec. 24, Patton began to show flu-like symptoms and was evaluated by a medical team over the following days for shortness of breath and chest pains. After receiving a medical evaluation late in the evening on Dec. 27, deputies returned Patton to his cell.
The next morning, just after 6 a.m., an officer, referred to as Deputy 3, conducted a safety check of the inmates. As the deputy approached Patton’s cell, body-worn camera footage captured audible moaning from Patton, and he could be heard saying, “I can’t breathe,” and “I’m having chest pain so bad.”
The deputy looked in the cell and then walked away, as Patton said, “Please help me.” Deputy 3 then exited the housing module and turned off their camera, failing to complete a safety check of the other housing modules.
Around 6:55 a.m., Deputy 1 was conducting safety checks, and their body-worn camera also captured moaning from Patton, including some unintelligible statements, but portions appeared to indicate he was having trouble breathing.
Deputy 1 stopped briefly and looked into Patton’s cell before walking away and continuing with safety checks. The board said it was unclear from the evidence whether Deputy 1 was aware of Patton’s specific statements, because she was interacting with an inmate in a neighboring cell when they were made.
Around 7:51 a.m., another deputy, referred to as Deputy 2, conducted a safety check and saw Patton lying on the lower bunk, making groaning noises, and moving his feet. The deputy finished checking other inmates, returned to Patton’s cell around 8:05 a.m., and interacted with him.
Deputy 2 left and then returned to Patton at 8:13 a.m. with members of the medication-assisted treatment team. A nurse arrived at 8:15 a.m. and began taking vital signs, and Patton became unresponsive. The nurse checked for a pulse and began CPR, and deputies administered Narcan and provided rescue breath.
More medical staff arrived and continued trying to resuscitate Patton, including using an automated external defibrillator, until Vista Fire Department paramedics arrived at 8:31 a.m. and took over.
Patton was pronounced deceased at around 8:45 a.m. His cause of death was certified as acute bacterial bronchopneumonia complicating Influenza A infection.
CLERB also reviewed an allegation that Deputy 2 failed to defer to on-scene medical staff during a medical emergency, but said in the report that the allegation was not sustained by evidence.
Sheriff’s policies for safety checks require deputies to look at inmates “for any obvious signs of medical distress, trauma or criminal activity,” and states that “All facility staff shall be responsible for taking appropriate action in recognizing, reporting or responding to an incarcerated person’s emergency medical needs.”
Conduct meets the standard of criminal negligence when a person “acts in a reckless way that creates a high risk of death or great bodily injury; and a reasonable person would have known that acting in that way would create such a risk,” according to case law cited in the CLERB report.
In addition to reviewing body-worn camera footage, CLERB reviewed statements from the involved deputies.
The report clarifies that the burden of proof for CLERB is a preponderance of the evidence, while the burden of proof for a criminal offense is proof beyond a reasonable doubt.
“We received the referral from CLERB and will thoroughly review for potential criminal liability on the established standard of proof beyond a reasonable doubt. The District Attorney’s Special Operations Division, which contains experienced prosecutors and investigators, will handle the review,” said Tanya Sierra, a spokesperson for the San Diego County District Attorney’s Office.
The San Diego County Sheriff’s Office provided the following statement via email:
“The San Diego County Sheriff’s Office values the work of the Citizens’ Law Enforcement Review Board (CLERB) as an independent oversight entity.
While CLERB came to a finding of potential criminal misconduct during their review, the standard for that finding is lower than those required for a criminal conviction in a court of law.
The Sheriff’s Homicide Unit also completed an investigation into this case. During the investigation, the San Diego County Medical Examiner’s Office determined Mr. Patton’s death was accidental related to health complications. In addition, the Sheriff’s Homicide Unit investigation revealed no evidence of criminal conduct. Therefore, the case was not submitted to the San Diego County District Attorney’s Office.
Every in-custody death is thoroughly investigated. This begins with scene preservation and a response by the Sheriff’s Homicide Unit, a CLERB investigator and an in-custody death advocate, who assists impacted family members and reports directly to the Sheriff. Within three days, a thorough review of every in-custody death is provided to the Sheriff and department leadership. This review is to identify potential violations of policy and the law, deficiencies in training or any other areas where immediate action is needed.
In this case, our investigation did not result in any findings of criminal misconduct. The Sheriff’s Office consistently refers any case involving suspected criminal conduct to the San Diego County District Attorney and/or the United States Attorney for independent review and potential prosecution. This case did not meet that standard.
Peace officer personnel privacy laws preclude us from discussing any potential related internal affairs investigation and/or discipline.”
EDITOR’S NOTE: This story was updated to include a statement from the Sheriff’s Department.
