RACINE COUNTY SHERIFF’S OFFICE

717 Wisconsin Avenue, Racine, WI 53403-1237

(262) 886-2300 FAX (262) 637-5279
Waterford (262) 534-5166 Burlington (262) 763-9558
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Sheriff Christopher Schmaling Chief Deputy James P. Weidner

********************** MEDIA RELEASE*********************

      
The death of Malcolm I. James was a tragedy, and the Racine County Sheriff’s Office
continues to offer our deepest condolences to Malcolm James’ family, friends, and loved
ones as they grieve his loss. Following a thorough review of the facts, evidence, video,
and opinions of subject matter experts, the Racine County District Attorney’s Office has
decided not to criminally prosecute any Sheriff’s Office personnel in connection with the
death of Malcolm James at the Racine County Jail, on June 1, 2021. In the District
Attorney’s letter advising of her decision, she relied on the following expert opinions:

 Dr. Jessica Lelinski, Milwaukee County Assistant Medical Examiner: Despite no

physical signs of asphyxia, she ruled the cause of death was asphyxia due to her
review of the video recovered in the case. Dr. Lelinski advised that asphyxia is a
diagnosis of exclusion when nothing else is obvious.
 Dr. Tom Neuman, National Expert in Respiratory Physiology and Asphyxia: Does not
agree that asphyxiation was the cause of death: “Given what appears to be the
sequence of events in this case, asphyxiation is essentially impossible,” Neuman said
[Neuman Report p1]. He believes Mr. James was not bent forward in a manner for
him to have died of asphyxia. Mr. James suffered from significant heart disease,
obesity, hypertensive cardiovascular disease and an enlarged heart that would have
put him at risk for a sudden cardiac death. Dr. Neuman believes that a cardiac
incident was the cause of death.
 Dr. Darrell Ross, National Expert in Use of Force in Law Enforcement, Corrections:
Through Mr. James’ threatening, self-injurious, and dangerous behaviors, he created
the need for the officers to provide him with close supervision. It was clear that Mr.
James needed to be controlled, relocated for his safety and seen by medical staff. It
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 would have been inappropriate and cruel to not intervene. The use of force by
correction officers was appropriate and reasonable to protect Mr. James. “The actions
of the officers did not cause nor contribute to the death of Mr. James.”[Ross report p
23]

Sheriff’s Release Page Two

The administration of justice demands a legal, independent, and purposeful review of the
facts. At Sheriff Schmaling’s request in the interest of transparency, an outside law
enforcement agency, the Kenosha County Sheriff’s Office, was tasked to lead this
investigation. Other independent reviews of this incident will continue, including:

 The Racine County Sheriff’s Office will complete its internal administrative review of
Malcolm James’ entire stay at the Racine County Jail to examine the performance of
all personnel as it relates to the Sheriff’s Office policies and procedures;
 The Wisconsin Office of Detention Facilities at the state Department of Corrections, is
conducting a review of the circumstances surrounding Malcolm James’ death;

While Nurse Crystal Kristiansen was not a Racine County employee, her security clearance at
the jail was permanently revoked by Sheriff Schmaling soon after the incident. The following
correction officers continue on administrative leave from the Racine County Sheriff’s Office:
Sgt. Justin Brands, CO Cristian Brindis, CO Josue Davalos, CO Justin Gaudes, CO Jonathan
Koski, and CO Michael Saulys.

“Our thoughts and prayers are with Malcolm James’ family as we work with mental health
professionals to improve the services provided to people in need,” Sheriff Schmaling said. 
“As Sheriff, I appreciate the professionalism and compassion shown by my correctional
officers in attempting to deescalate a volatile situation by speaking to Malcolm James with
dignity and respect as they tried to stop him from continuing to harm himself and to get him
the medical care he needed.”
 
Sheriff Schmaling continued, “In this case, Malcolm James had been seen by multiple
medical and mental health professionals, including two visits to the hospital within a 24-
hour-period; however, Malcolm James still tragically died.”
 
“Upon completion of the reviews of this incident, I welcome the opportunity to continue
these discussions with the mental health professionals and the community at large to
determine how we can all better assist people experiencing mental health issues.”

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Christopher Schmaling
Sheriff, Racine County

By: Lt. Michael J. Luell

Public Information Officer

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