Criminal charges pending in Santa Rita Jail death of Maurice Monk: memo, sister

OAKLAND, Calif. - Criminal charges are pending against several deputies, and possibly medical staff, in the tragic death of an Oakland man who languished in his Santa Rita Jail cell for days before deputies discovered his body on a bunk, near a pool of his own urine and fluids, according to a memo from the sheriff and an interview with the man's sister.

Alameda County Sheriff Yesenia Sanchez wrote to her staff that that seven "active sworn" deputies will be charged for the November 2021 death of Maurice Monk by District Attorney Pamela Price, who was officially recalled as of Friday night.

Sanchez said those deputies, who have not been named, have all been notified and will receive support, according to an internal memo obtained by KTVU on Saturday.

"I must acknowledge mistakes were made in our handling of Mr. Monk; however, those mistakes do not rise to the threshold of criminal negligence," Sanchez wrote in her memo. 

Sanchez also implored her staff that the "health and safety of those in our custody must remain paramount in our daily tasks. This effort requires each of us to be diligent and remember our core principles."

In an email, Sgt. Roberto Morales told KTVU late Saturday night that despite Price's phone call to Sanchez about her intention to file criminal charges against deputies, the DA never identified which employees she was referring to.

As a result, Morales said, no one has been put on leave and no one has been arrested. 

"I am deeply disappointed by District Attorney Price’s decision to pursue charges, as I do not believe they are justified," Sanchez said in a statement. "I will continue to support our staff throughout this challenging process."

The East Bay Times was the first to report the pending charges.

No one from the District Attorney's Office responded on Saturday.

There is a three-year statute of limitations for most felonies, which would mean the charges must be filed by Friday. 

Neither Sanchez nor Price's office indicated what charges would be filed.

But Monk's sister, Elivra Monk, told KTVU on Saturday that she was told on Friday by two prosecutors in a Zoom meeting that the crimes would be filed as felonies.

Confusing the matter, however, was that Elvira Monk said she was told by the prosecutors that nine deputies, not seven, would be charged, along with a doctor and nurse from Wellpath.

Three of the 11 would also be charged with falsifying documents, Elvira Monk said.

KTVU was not immediately able to sort out the discrepancy. 

KTVU first reported the conditions of Monk's death last October, after obtaining exclusive body camera video inside the jail that shows no one physically checked on the 45-year-old man, who is seen lying half naked on his bunk, for at least three days, possibly four. 

And when deputies finally found Monk's body, stacks of uneaten food trays and pills lay scattered about the floor near an oblong puddle of urine by the foot of his bed. 

Elvira Monk holds a poster of her brother, Maurice Monk, who died in custody in Santa Rita Jail. 

Monk, an off-and-on security guard, had been left on his bunk motionless for so long that the red print reading "Alameda County" on the front of his jail-issued T-shirt had stained his chest, mixing with fluids that had been leaking out of his body, according to an internal sheriff's report. An autopsy photo shows several bedsores on his legs.

Monk was taken to jail after he got into a verbal argument with an AC Transit bus driver during the pandemic for not wearing his mask and then missed a court appearance during the pandemic. Monk suffers from schizoaffective disorder.

After a month in custody at Santa Rita Jail, Monk was officially declared dead of hypertensive cardiovascular disease on Nov. 15, 2021.

But deputies’ narratives and a review of more than 150 body camera videos, obtained through a civil lawsuit reveal that Monk was likely dead, or dying, for several days before that. 

And while the coroner ruled that he died of natural causes, Monk's case highlights what so many advocates have been saying for years: People incarcerated at Santa Rita Jail are not given the proper medical care and their ailments are not addressed in a humane or constitutional way. 

Elvira Monk attended the Friday hearing called by the DA's office with Monk's daughter, Nia'Amore, one of Monk's two children who shared an unprecedented $7 million settlement paid for by the sheriff's office stemming from his death. 

Elivra Monk said the money has been helpful, as Nia'Amore had a baby herself and Monk's son, Kyse, is now going to college.

"But this was never about the money," Elvira Monk said. "This was about holding individuals responsible for doing their job. This is what I had been fighting for." 

Adante Pointer, who represented the family in their civil matter, said he was happy that criminal charges will be filed. But he said he was dismayed at the sheriff's remarks that her deputies' behavior didn't rise to the level of criminal negligence.

"At what point do you say, ‘Enough is enough?’ Pointer asked rhetorically. "Somebody died. Isn't that the worst possible case of negligence?"

As for what will actually end up happening in the case is unknown at this point.

Price must vacate her spot because of the recall and it's unclear if her replacement will choose to pursue the case.

"This could easily be dismissed by the next person," Pointer said. 

Lisa Fernandez is a reporter for KTVU. Email Lisa at lisa.fernandez@fox.com or call her at 510-874-0139. Or follow her on Twitter @ljfernandez