Case 1:08-cr-00337-LY Document 1296 Filed 05/11/20 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA V. GEORGE LEWIS ESCAMILLA, SR. § § § § § CAUSE NO. 1:08-CR-337-LY-1 MOTION TO WITHDRAW CORRECTED EMERGENCY MOTION FOR REDUCTION IN SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(1)(A)(i) TO THE HONORABLE LEE YEAKEL, UNITED STATES DISTRICT JUDGE: Mr. George Lewis Escamilla, Sr. moves to withdraw his Corrected Emergency Motion for Compassionate Release, Doc. 1293. Because Mr. Escamilla passed away on May 8, 2020, his motion for compassionate release is now moot. Could Mr. Escamilla’s death have been avoided? Was Mr. Escamilla’s demise a necessary consequence of his incarceration at FCI Oakdale? Is such a fatal outcome to be expected for future medically compromised inmates in B.O.P custody as Covid-19 spreads throughout the inmate population? Mr. Escamilla’s children hope that their father’s death will serve the purpose of preventing other needless inmate deaths. When Mr. Escamilla became infected with Covid-19, he was afflicted with pre-existing conditions that made a poor outcome likely. He suffered from diabetes, high blood pressure, and anemia. He was a double amputee and wheel-chair bound. FCI Oakdale, the facility where Mr. Escamilla contracted Covid-19, had become one of the Bureau of Prisons facilities most affected by the COVID-19 pandemic. 1 1 See Janet Reitman, ‘Something is Going to Explode’: When Coronavirus Strikes a Prison (Apr. 18, 2020), https://www.nytimes.com/2020/04/18/magazine/oakdale-federal-prison-coronavirus.html (last accessed Apr. 19, Case 1:08-cr-00337-LY Document 1296 Filed 05/11/20 Page 2 of 5 Prior to becoming infected, FCI Oakdale found Mr. Escamilla eligible to be released to home confinement. The BOP scheduled him to go home May 6, 2020. See Exhibit 1, p. 2; Declaration of K. Maxey, BOP Executive Assistant and Camp Administrator at the BOP’s Federal Correctional Complex in Oakdale, Louisiana (FCC Oakdale). Although the precise date the BOP made this decision was not disclosed, counsel knows from his son, Michael, that Mr. Escamilla phoned him March 18, 2020, to report he expected to be released soon. Doc. 1293 at p. 3. Counsel further knows that on March 27, 2020, the US Probation Office denied the BOP’s request to allow Mr. Escamilla to participate in their federal location monitoring program because it ran contrary to the USPO’s policies and because Mr. Escamilla was a double amputee (making ankle monitoring impossible). 2 Counsel also knows from family that staff from the Austin Reentry Center paid them a visit in early April 2020 to inspect their home and found it acceptable to serve for Mr. Escamilla’s place of home confinement. But the BOP acted without the necessary urgency to release Mr. Escamilla. With Covid19 spreading through the facility, the BOP kept Mr. Escamilla locked up inside. On April 15, 2020, Mr. Escamilla went into respiratory failure. See Exhibit 2, BOP Press Release. On April 18, 2020, he tested positive for Covid-19. See Exhibit 1, p. 2. On April 22, 2020, he was taken to a local hospital. See Exhibit 1, p. 2. On April 30, 2020, he was placed on a ventilator. On May 8, Mr. Escamilla was pronounced dead. What is also heartbreaking about Mr. Escamilla’s passing is that his family was kept in the dark about his diagnosis and treatment. Counsel learned from BOP that Mr. Escamilla was hospi- 2020) (documenting the coronavirus outbreak at FCI Oakdale, including the staff and inmates observations regarding lack of directive, protocol, and equipment). 2 This denial did not have an impact on Mr. Escamilla’s release date. The information is provided to show that the BOP was working to release Mr. Escamilla at the time he became infected. 2 Case 1:08-cr-00337-LY Document 1296 Filed 05/11/20 Page 3 of 5 talized on April 22. The news came in response to counsel’s request for help obtaining Mr. Escamilla’s signature on a medical release form. The BOP told counsel that Mr. Escamilla’s hospitalization made this impossible. Citing rules and regulations, the BOP would not provide counsel with any details concerning Mr. Escamilla’s condition or prognosis. Mr. Escamilla’s family was stunned when counsel reported the news to them. Surprisingly, the BOP did not deem Mr. Escamilla’s hospitalization a serious condition that warranted notifying them. The family remained in the dark about Mr. Escamilla’s medical condition until all that remained was for them to help doctors decide if he should be kept alive artificially. Counsel learned this from his family on May 8. By then, of course, it was too late for the family to say their goodbyes. CONCLUSION For the reasons stated above, Mr. Escamilla moves to withdraw his Corrected Emergency Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). Respectfully submitted. MAUREEN SCOTT FRANCO Federal Public Defender /s/ JOSE GONZALEZ-FALLA Assistant Federal Public Defender Western District of Texas 594 Lavaca Street, Ste. 960 Austin, Texas 78701-2860 Phone: (512) 916-5025 Fax: (512) 916-5035 Bar No: 8135700 Attorney for George Lewis Escamilla, Sr. 3 Case 1:08-cr-00337-LY Document 1296 Filed 05/11/20 Page 4 of 5 CERTIFICATE OF SERVICE I certify that on the 11th day of May, 2020, I electronically filed this Motion to Withdraw Corrected Emergency Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) with the Clerk of Court using the CM/ECF system and the system will email notification of such filing to: Mark Marshall Assistant United States Attorney 903 San Jacinto Blvd., Suite 334 Austin, Texas 78701 /s/ JOSE GONZALEZ-FALLA Attorney for George Lewis Escamilla, Sr. 4 Case 1:08-cr-00337-LY Document 1296 Filed 05/11/20 Page 5 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA V. GEORGE LEWIS ESCAMILLA, SR. § § § § § CAUSE NO. 1:08-CR-337-LY-1 ORDER Defendant’s Motion to Withdraw Corrected Emergency Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), is GRANTED. SO ORDERED on this the ________ day of ___________, 2020. __________________________________ LEE YEAKEL United States District Judge 5 Case Document 1296-1 Filed 05/11/20 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA Plaintiff, Vs. CASE NO. GEORGE LEWIS ESCAMILLA, SR. Defendant DECLARATION OF K. MAXEY In accordance with 28 U.S.C. 1746, I, K. Maxey, make the following unswom declaration, under penalty of perjury, pertinent to the above styled and numbered cause: 1. I am employed by the United States Department of Justice, Federal Bureau of Prisons (BOP). I am the Executive Assistant and Camp Administrator at the Federal Correctional Complex in Oakdale, Louisiana (FCC Oakdale). 2. The statements I make hereinafter are made based on my review of the of?cial ?les and records of the BOP, my personal knowledge, and information acquired by me through the performance of my of?cial duties. As the Executive Assistant, I am a key advisor to the Warden on matters of policy, programs, and operations. I provide direct administrative support to the Warden through continuing assignments and special projects as well as assistance to institution department heads in achieving speci?c program management objectives. As the Camp Administrator, part of my of?cial duties and responsibilities include planning, organizing, supervising and evaluating diversi?ed programs within FCC Oakdale directed toward the institution's mission. 3. I have access to and use of the SENTRY computer database. SENTRY contains information regarding inmates incarcerated within the BOP. Through the FCC Oakdale Case Management Coordinator, I have access to the Business Process Management System (BPMS) that tracks an inmate?s request for Reduction in Sentence Compassionate Release (R18). 2 Declaration of Maxey Page 1 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 2 of 12 4. I have reviewed SENTRY for information concerning inmate George Lewis Escamilla, Sr., federal register number 43385-080. Escamilla is currently incarcerated at FCI Oakdale 1. See Attachment 1, a true and correct copy of Escamilla?s Inmate Pro?le from the SENTRY database system. Escamilla has a projected release date of May 14, 2022, via Good Conduct Time release. Id. 5. Escamilla tested positive for on April 18, 2020. See Id. at 2. On April 22, 2020, Escamilla was transported to a local hospital for care related to his positive COVID- 19 test. Id. To date, Escamilla remains there for treatment related to COVID-19. Id. 6. Through the Case Management Coordinator, I have reviewed BPMS to determine if Escamilla ?led a RIS request with the Warden. The BPMS system indicates Escamilla ?led a RIS request with the Warden on February 1, 2019. See Exhibit 2 at 1, a true and correct copy of Escamilla?s RIS ?ling. The Warden denied the request on February 15, 2019. Id. at 2. The RIS database does not show any other requests submitted by Escamilla. 7. Escamilla appealed the denial of his RIS request through the administrative remedy system. See Exhibit 3, a true and correct copy of Escamilla?s administrative remedy ?lings. A review of Exhibit 3 reveals Escamilla ?led an administrative remedy request with the FCC Oakdale Warden and the Regional Director of the South Central Region (SCRO) (FCC Oakdale is under the oversight of the SCRO). Further examination of the remedies reveals Escamilla failed to ?le an administrative remedy appeal with the Of?ce of General Counsel. Id. Thus, Escamilla did not exhaust his administrative remedies regarding the Warden?s denial of his RIS request. 8. FCC Oakdale Unit Management evaluated Escamilla for Home Con?nement and determined he is eligible. Escamilla is currently scheduled to go to Home Con?nement on May 6, 2020. Upon Escamilla?s return to the institution from the local hospital, he will undergo a 14-day Declaration of Maxey Page 2 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 3 of 12 quarantine. Upon completion of the 14-day quarantine, it is anticipated the BOP would still place Escamilla on Home Confinement. This in contingent on FCC Oakdale Health Services' determination Escamilla has made a full recove1y and further determination he is no longer infectious. I declare that the foregoing is true and correct to the best of my knowledge and belief, and is given under penalty of pe1jury pursuant to 28 U.S.C. § 1746. Executed this _5th___ day of May, 2020. ��� Executive Assistant I Camp Administrator FCC Oakdale Oakdale, Louisiana Declaration of K Maxey Page 3 Case Document 1296-1 Filed 05/11/20 Page 4 of 12 ATTACHMENT 1 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 5 of 12 INMATE PROFILE PAGE 001 * 04-30-2020 17:48:30 43385-080 REG REGNO: 43385-080 FUNCTION: PRT DOB/AGE.: NAME.: ESCAMILLA, GEORGE LEWIS SR R/S/ETH.: W/M/H RSP..: OAK-OAKDALE I FCI MILEAGE.: 301 MILES / 67 ARS ASSIGNMENT..: ESC TRIP TO LOCAL HOSP W/RETN PROJ REL METHOD: GOOD CONDUCT TIME RELEASE PROJ REL DATE..: 05-14-2022 - - - - - - - - - RELEASE DESTINATION - - - - - - - - AGENCY...............: DST ASSIGNMENT.......: HOME CONFINEMENT LOC FOR RA1 ADDRESS..............: 330 MASONIC DR ALEXANDRIA, LOUISIANA 71301 OFFN/CHG RMKS: 21:841 & 2 PWITD 5 KG OR MORE OF COCAINE; AIDING AND ABETTING. OFFN/CHG RMKS: A-08-CR-337(1)-LY 192 MONTHS CBOP AND 5 YRS SRT DGA REDUCTION FACL CATEGORY - - - - - CURRENT ASSIGNMENT - - - - - - EFF DATE TIME OAD ADM-REL TEMP REM TEMPORARY REMOVAL 04-22-2020 1139 OAK ADM-REL LOCAL HOSP ESC TRIP TO LOCAL HOSP W/RETN 04-22-2020 1141 OAK CASE MGT OAK DESTNATION CSA RA1 HC HOME CONFINEMENT LOC FOR RA1 05-06-2020 0600 OAK MED DY ST 04-07-2020 1103 G0002 ELD OFF HC ELDERLY OFFENDER DIRECT HC C19-QUAR COVID-19 QUARANTINED MORE PAGES TO FOLLOW . . . 05-06-2020 0600 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 6 of 12 INMATE PROFILE * 04-30-2020 PAGE 002 OF 002 17:48:30 43385-080 REG REGNO: 43385-080 FUNCTION: PRT DOB/AGE.: / 67 NAME.: ESCAMILLA, GEORGE LEWIS SR R/S/ETH.: W/M/H RSP..: OAK-OAKDALE I FCI MILEAGE.: 301 MILES FACL CATEGORY OAK MED DY ST G0000 - - - - - CURRENT ASSIGNMENT - - - - - - EFF DATE TIME C19-T PS C COVID-19 TEST-POSITIVE CONFRMD 04-18-2020 0259 TRANSACTION SUCCESSFULLY COMPLETED Case Document 1296-1 Filed 05/11/20 Page 7 of 12 ATTACHMENT 2 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 8 of 12 U.S. Department of Justice Federal Bureau of Prisons Foderal correctional P. O. Box 5060 Oakdale. LA 71463 Name: George Lewis Escamilla Sr. Register Number: 43385-080 Housing unit: Camp RE: Inmate Request to Staff Member This is in response to your Inmate Request to Staff Member received on February 1, 2019, at the Federal Correctional Complex (Satellite Camp Prison), Oakdale, Louisiana, in which you request a Reduction in Sentence/Compassionate Release based on your status as an Elderly Inmate with Medical Conditions. Program Statement 5050.50, Compassionate Release/Reduction in Sentence: Procedures for Im lementation of 18 U.S.C 3582 and 405(3). outlines the following criteria for consideration of a Compassionate Release based on an Elderly Inmate with Medical Conditions, ?age 65 and older, suffer from chronic or serious medical conditions related to the aging process, experiencing deteriorating mental or physical health that substantially diminishes their ability to function in a correctional facility, conventional treatment promises no substantial improvement to their mental or physical condition, and have served at least 50% of their sentence.? You state you are a double amputee as a result from chronic diabetes and suffer from high blood pressure and are anemic. These medical conditions are not solely related to the aging process and you are able to function in a correctional setting. In addition, you were at a Medical Center and due to your health progress you were released to return to FCC Oakdale. Furthermore, you failed to provide reasoning why conventional treatment promises no substantial improvement to your mental?or physical condition. As such, your request for a Compassionate Release is denied at this time. I trust this response adequately addresses your concerns. 7wa 9? R. Myers, Comple?'warden Date FCC Oakdale Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 9 of 12 BP-A0148 INMATE REQUEST TO STAFF JUNE 10 U. . DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS T0:(Name and Title of Staff Member) erg FROM: REGISTER Ea A 4&2; WORK ASSIGNMENT: UNIT: c?awy SUBJECT: {Briefly state your question or concern and the solution you are requesting. Continue on back, if necessary. Your failure to be specific may result in no action being taken. If necessary, you will be interviewed in order to successfully reopond to your request. FROM: 43385080 T0. SUBJECT: REDUCTION IN RELEASE DATE: 01/22/2019 12:09:53 PM . . RELEASEJHANK YOU - .. I?h (Do not write below this line) DISPOSITION: ?9 C) 17 ?3:0 3? r?f? z: 3? 20 D-v _~rr1 3> 591m '0 ?nc? 1" en 00 Signature Staff Member Date Record Copy - File;-Copy - Inmate PDF Prescribed by P5511 This form replaces BP-148.07O dated Oct 86 and BP-5148.070 APR 94 SECTION 6 Satin IN SECTION 6 UNLESS APPROPRIATE FOR Case Document 1296-1 Filed 05/11/20 Page 10 of 12 ATTACHMENT 3 PR15 Case 1:08-cr-00337-LY Document 1296-1 Filed 05/11/20 Page 11 Of 12 Page 1 Of 1 HOUGY REMEDY GENERALIZED RETRIEVAL 04-30?2020 PAGE 001 17:32:33 FUNCTION: LST FORMAT: EAN LIMITED TO SUBMISSIONS WHICH MATCH ALL LIMITATIONS KEYED OT RCV: FROM THRU OT 5T5: FROM THRU OT 5T5: FROM 1 TO DAYS BEFORE FROM DAYS AFTER OT TOU: FROM BEFORE FROM 1 TO 1 DAYS AFTER SUBJECTSEXTENDED: LEVEL: RECEIPT: ?f?f?f"OR? EXTENSION: Lf?f? i RCV OFC TRACK: DEPTPERSON: L::f L::EVNT FACL: RCV FACL: TEE: E: UN/RCV QTR..: E61 1 1 ORIG FACL: ORG 1 ORIG QTR.: 3 3 I 60002 MORE PAGES TO FOLLOW . 4/30/2020 PR15 Case Document 1296-1 Filed 05/11/20 Page 12 of 12 Page 1 of1 HOUGY REMEDY GENERALIZED RETRIEVAL PAGE 002 OF 002 REMEDY-ID RCV-OFC 971385-F1 1363/ OAD 1363/ SCR SCR SANITIZED FORMAT STATUS COMPASSIONATE RELEASE REQUEST OAD 03?19-2019 CLD COMPASSIONATE RELEASE REQUEST OAD 04?22?2019 REJ COMPASSIONATE RELEASE REQUEST OAD 05?09?2019 CLD 3 REMEDY SUBMISSIONCS) SELECTED TRANSACTION SUCCESSFULLY COMPLETED 704?30?2020 17:32:33 04?08?2019 04?23?2019 05?28?2019 4/30/2020 Case 1:08-cr-00337-LY Document 1296-2 Filed 05/11/20 Page 1 of 1 U.S. Department of Justice Federal Bureau of Prisons FOR IMMEDIATE RELEASE May 9, 2020 Contact: Office of Public Affairs 202-514-6551 Inmate Death at FCI Oakdale I Satellite Camp WASHINGTON, D.C.: On Wednesday, April 15, 2020, inmate George Escamilla went into respiratory failure at the Satellite Prison Camp (SPC) in Oakdale, Louisiana. He was evaluated by institutional medical staff and transported to a local hospital for further treatment and evaluation. While in the hospital, Mr. Escamilla tested positive for COVID-19. On Thursday, April 30, 2020, his condition declined and he was placed on a ventilator. On Friday, May 8, 2020, Mr. Escamilla, who had long-term, pre-existing medical conditions which the CDC lists as risk factors for developing more severe COVID-19 disease, was pronounced dead by hospital staff. Mr. Escamilla was a 67 year-old male who was sentenced in the Western District of Texas to a 192-month sentence for Possession with Intent to Distribute 5 kilograms or more of Cocaine and Aiding and Abetting. He had been in custody at Federal Correctional Complex (FCC) Oakdale since May 9, 2018. SPC Oakdale is a Minimum security facility adjacent to the Federal Correctional Institution I Oakdale and currently houses 71 male offenders. The Bureau will continue to provide daily updates and information on actions related to COVID19 at www.bop.gov/coronavirus/index.jsp Additional information about the Federal Bureau of Prisons can be found at www.bop.gov. ###