A federal jury trial will begin Feb. 9 in a civil case filed by the family of Kelroy Newman, who died in 2021 after being arrested and held at the Montezuma County Detention Center.
Court records show the trial is scheduled for two weeks in U.S. District Court in Denver, starting at 8 a.m. Feb. 9. During a regular meeting, county attorney Stephen Tarnowski told commissioners the trial remains on track.
“As far as I am aware, we are still set for trial in federal court on the jailhouse death case,” he said. “I am not personally involved in that very much, but I have got that on my calendar … I will try to follow up with the outside counsel insurance companies, who are presumably handling that.”
The lawsuit alleges Newman’s death from alcohol withdrawal complications was preventable. His blood-alcohol level measured 0.421 at the time of arrest, and the suit claims jail staff are liable.
In 2022, Newman’s estate and friend Elisa Wilson, the mother of Newman’s minor daughter, filed the lawsuit seeking punitive damages, attorney fees and other relief stated in the amended complaint.
The lawsuit names the Montezuma County Board of Commissioners, Southwest Health System, Sheriff Steve Nowlin and several individuals, including the doctor who examined Newman.
Plaintiffs argue the jail and hospital failed to provide reasonable medical care or monitor and treat withdrawal symptoms.
Newman, 30, was arrested the morning of July 17, 2021, on a pretrial warrant in Cortez for two unresolved misdemeanors. A breath test showed severe intoxication.
Jail policy required detainees with blood-alcohol levels above 0.2 to receive medical attention at Southwest Memorial Hospital and be cleared before returning to jail. A police officer took Newman to the hospital, where physician Randy Gene Davidson examined him. Davidson, who worked in the emergency unit, is also named in the suit.
According to court filings, Davidson took Newman’s vitals and examined his skin, head, eyes and cardiovascular, respiratory, neurologic and psychiatric systems, finding him alert, oriented and not in apparent distress. Davidson allegedly found no emergency conditions.
Newman returned to jail for booking, but the deputy paused the process because Newman was agitated and unresponsive.
He remained in custody for 26 hours. Just before noon the next day, he was found unresponsive in his cell and transported by ambulance to the hospital, where he was declared dead about 40 minutes later.
The case centers on alleged negligence in jail operations and inadequate emergency-room screening. Plaintiffs say Newman vomited, complained of headaches, was restless and asked to return to the hospital as his condition worsened. Motions state that despite an officer’s testimony that Newman’s BAC was the highest they had seen, he was not treated for intoxication or head injuries from a prior incident.
Deputies said they saw no signs of withdrawal, such as tremors, hallucinations or sweating, and did not note vomiting or illness. The case also raises questions about whether welfare checks were logged and what training staff had to assess withdrawal risk.
Chief Judge Philip Brimmer will oversee the trial.
The jury trial follows years of motions, depositions and rulings, including a summary judgment order granting and denying parts of the plaintiffs’ claims. Brimmer dismissed one deputy from the case in March 2025.
A pretrial conference is scheduled for Jan. 23 in Denver federal court.
