No charges in Marshall Price jail death

PARAGOULD, Ark. – The Arkansas State Police investigation into the in-custody death of a Greene County inmate has concluded and no charges will be filed, a press release from the Second Judicial District Prosecutor’s Office said Tuesday.

Below is the full release from Prosecuting Attorney Sonia Fonticiella:

Paragould, Arkansas – The 2nd Judicial District Prosecuting Attorney’s Office announced today that the independent investigation into the death of Greene County Jail Inmate, Marshall Price, found insufficient evidence to support criminal charges against any person at the Jail.

The Arkansas State Police conducted a comprehensive and independent investigation of the events surrounding Marshall’s death on December 7, 2022.

Special Agents conducted several interviews with inmates regarding the death of Price. Inmates reported that Price had been consensually boxing with another inmate, Odell Lewis, three days before his death. These inmates stated they did not witness the boxing match, but Price told them about it. Before his death, Price complained to other inmates that his ribs and stomach hurt due to the boxing. He also disclosed to other inmates that he had sustained an injury to his abdominal area before he came into custody.

During an interview with Odell Lewis, Lewis admitted he and Price had boxed. Lewis said the boxing match occurred in his cell the Sunday before Price died. Lewis said they placed toilet paper rolls on their hands and covered them with socks for boxing gloves and inmates would swap blows until one person gave up. Lewis said Price quit after getting hit twice and said he had hurt his ribs before coming into custody. Lewis stated the boxing match was mutual, and they were not trying to hurt each other. Price did not report these injuries to medical staff.

On December 7, 2022, at approximately 10:53 a.m., an emergency intercom call was made due to Price
falling and hitting his head. The Detention Center staff responded and found Price with a laceration on the back of his head. Several inmates reported to investigators that Price had fallen in his cell. The laceration was treated, and Price was given fluids and told to rest. At approximately 4:30 p.m., Price requested medical staff, and he was taken by wheelchair to the infirmary. It was decided to take Price to the hospital by transport van. Price’s condition continued to deteriorate, so an ambulance was called and he was transported to Arkansas Methodist Medical Center where he later died.

Price’s autopsy reports his cause of death as hypovolemic shock due to hemoperitoneum due to recent blunt force injuries of the torso. It lists contributory causes of splenomegaly and hepatic cirrhosis. The manner of death was listed as “undetermined.”

Several prosecutors examined the facts in this case under all relevant criminal statues, specifically all homicide statutes. The nature of these events negates any intent to harm Mr. Price even under A.C.A. 5-10- 105(b), Negligent Homicide. To proceed with a prosecution under 5-10-105, prosecutors must first establish beyond a reasonable doubt that “the person negligently causes the death of another person.” A.C.A. 5-2- 202 states the definition of “negligently” as follows:

• (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist, or the result will occur.

• (B) The risk must be of such a nature and degree that the actor’s failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation considering the nature and purpose of the actor’s conduct and the circumstances known to the actor.

Here, there is no evidence that any person acted with criminal negligence to support a charge and prosecution for the death of Mr. Price. The undisputed statements are that Mr. Price participated in a consensual boxing match with another inmate at the Greene County Jail. Mr. Price complained to other inmates of an injury, but prior to December 7, 2022 that injury was not reported to jail staff. After thorough review of the investigation into Mr. Price’s death no criminal charges will be filed.

Press Release