Lawsuit filed against SC Department of Corrections after Aiken County man dies at Trenton prison

Nov. 9—The mother of an inmate who died at the Trenton Correctional Institution in July filed a wrongful death lawsuit against the South Carolina Department of Corrections on Monday, accusing the prison of gross negligence in the death of her son.

Jeremy Ray Kelley, 44, of Aiken County, was found dead in his jail cell at the Trenton Correctional Institution in Edgefield County on July 20.

The Aiken Standard first reported the death on July 27 after receiving an email from Kelley's sister, Rhonda Rice, on July 25.

Rice wanted to know why the S.C. Department of Corrections had not released any information to the public regarding Kelley's death, as she said is typical with inmate deaths.

The lawsuit, filed on Nov. 8 in common pleas court, makes numerous allegations including claims of overcrowding, gang presence and correctional staff involvement in those gangs, issues with the classification system, lack of oversight from officers, unsafe living conditions and an absence of emergency medical care.

The family alleges Kelley was killed by stabbing and blunt force trauma in the jail. However, the S.C. Department of Corrections and the Edgefield County coroner said they did not find any wounds or signs of trauma to the body consistent with a homicide during the preliminary autopsy. No cause of death has been released due to pending autopsy results.

Lawsuit explained

On July 19, at approximately 10 p.m., the lawsuit states the decedent, Jeremy Kelley, was "violently attacked (without justification or cause) by unknown inmate(s)."

Kelley was moved from an honors dorm, for good behavior, to a "violent dorm," the day before his death, Rice said during a Nov. 8 phone interview with the Aiken Standard.

According to a South Carolina Law Enforcement Division (SLED) arrest records, Kelley was serving time at Trenton prison for possession of a gun, possession of a weapon during a violent crime, unlawful carrying of a weapon and second-degree burglary (violent) — all charges related to a home burglary in February 2020, according to Rice.

Kelley went into an empty house to steal guns he could pawn for money to buy drugs, Rice said.

"He had a drug problem, but he would never hurt anyone," she said. "There wasn't anybody in the house."

Kelley remained in the Trenton prison until his death.

Hours leading up to Kelley's death

Rice said there were a number of suspicious events leading up to the night of Kelley's death.

"The night before he was moved, he gave his phone number [to another inmate] because he knew he was being moved to a violent dorm," Rice said.

Rice said she thinks Kelley was moved because the jail thought he shared information.

"I think that they thought he snitched," she said. "My mom remembered about a week before, Jeremy saying something about them holding his mail, because [he said] I haven't gotten anything."

Kelley was pulled into the warden's office about a week prior to his death and asked about a number he had been calling repeatedly, Rice said.

"He just laughed," Rice said. "He's like, that's my mom, I didn't do anything wrong — and just sort of laughed it off. And then he all of a sudden got moved and he had been asked those questions."

Lawsuit alleges attack

The correctional officer who was required by policy to be located in the unit allowed the assailants to enter Kelley's cell and then exit the unit, the lawsuit alleges.

"As a direct result of this attack, the decedent was stabbed multiple times and beaten severely with what the Plaintiff believes was a shank and locks in a sock. Additionally, because there was no correctional staff present, the decedent had no protection or means to seek immediate medical care for his injuries," according to the lawsuit. "Because the decedent was unable to receive immediate medical care and as a direct result of the Defendant's failure to ensure that proper security checks were performed within the unit every thirty (30) minutes, the decedent was abandoned and suffered and died alone due to the stab wounds as well as the blunt force trauma to his head, neck and body."

Questions arise from autopsy

Preliminary autopsy results were provided to the family by the Edgefield County Coroner's Office.

Following the initial autopsy, Kelley's body was released to an Aiken funeral home. Rice said that is when concerns arose about some wounds on Kelley's body.

Edgefield County Coroner David Burnett said there were no apparent wounds on the body, according to a July 26 phone interview with the Aiken Standard.

"The person who did the autopsy [at the Edgefied County Coroner's Office] tried to say that they made those cuts, which are very random to me," Rice said. "I've tried to research everything to see why they would make cuts like that in defensive areas, it makes no sense. The cut marks that are on his body are jagged. I know that when they do autopsies, they sew up everything before they send it off. He [also] had two teeth broken."

The Aiken Standard obtained photos taken of Kelley's body from Rice. Multiple abrasions and bruises were visible.

Chrysti Shain, director of communications at the South Carolina Department of Corrections, said "there were no obvious signs of trauma, but we're awaiting the results of the autopsy and toxicology," during a July 26 phone interview with the Aiken Standard.

Almost four months later, Shain and Burnett confirmed the autopsy results are still not back, according to separate interviews with the Aiken Standard on Nov. 9.

"We would have to have the results of the test before any investigation would be closed or a determination will be made," Shain said during a Nov. 9 phone interview with the Aiken Standard.

Burnett said he would like to wait until he has a final rendering from the pathologist, but said he doesn't think the case is being investigated as a homicide, during the Nov. 9 phone interview with the Aiken Standard.

"They said they don't know what it is yet, that we'll have to wait on toxicology," Rice said. "[My mother] said from the beginning, 'I bet they're gonna try to blame it on toxicology.' How can you just sit there and rule out [homicide] when he's got all that stuff all over his body?"

The investigation

The lawsuit alleges after the incident, the S.C. Department of Corrections failed to perform a proper investigation into the incidents in question. "As a result, the above-mentioned attacking inmates went unpunished and unprosecuted," the lawsuit states.

The family was contacted by SLED, who said the department was investigating. To date, SLED has not shared any information regarding the investigation with they family, Rice said.

"I said [to SLED], y'all have yet to ask any of his family, or anybody that knows him, any questions," Rice said. "They haven't reached out to us and we don't have any official reports from them. The saddest thing about all of it is, and for anybody that this happens to, is you can't go to the regular police. So you're stuck dealing with the Department of Corrections and then they can just hide under that guise of not getting back to you. You're almost in prison yourself with them and having to go by their rules. So that's the part that is unfair for the families and for the people that try to get answers is that you're just kind of at their mercy."

Rice said the lawsuit is the only way for the family to get answers.

"Without a lawsuit, there's no way to get any answers," she said. "They're not going to give them to us without a lawsuit. For us, it's not about the money, it's our only way to subpoena and force them to give us information."

Left behind

Kelley's mother, Beverly Pilz, is suing the state for actual and consequential damages in an amount determined by a competent jury.

Damages listed in the lawsuit include funeral and final expenses, mental shock and suffering, wounded feelings, grief and sorrow, and loss of his support and companionship.

"By reason of his untimely death, his heirs have been deprived of all the benefits of his society and companionship and have been caused great mental shock and suffering by reason of his death," the lawsuit states. "They have and will forever be caused grief and sorrow by the loss of Mr. Kelley's love, society, and companionship."

Kelley left behind two children, who Rice said he was working to come home to.

"It breaks my heart because they've been looking so forward to him getting out and especially his daughter, she was his little princess," Rice said. "You think of all these prisoners as rough people. He was such a sweet guy."

Rice was emotional when talking about her relationship with her brother and the time she's already missed.

"I mean, missing those calls from him — I think that's been the hardest part, because he always was calling and just being like, 'How are you doing Rhonda?' I mean, he would laugh about everything. All I keep thinking is just him laughing and just his personality. He had such a big, memorable personality. I just have to bring some justice."

A total of 935 people convicted of nonviolent crimes died in prison in 2018, according to the most recent data released by the Bureau of Justice Statistics.

"I want to make noise," Rice said. "This is not right. There's stuff going on and they're just trying to push it down. I just hope it helps somebody else, because he doesn't get the chance to finish out his life and see what it could have been made it into."

A lawsuit represents one point of view. Shain said the Department of Corrections does not comment on pending litigation.