{"id":3468,"date":"2020-04-08T18:27:24","date_gmt":"2020-04-08T18:27:24","guid":{"rendered":"http:\/\/chicagocouncil.org\/?p=3468"},"modified":"2020-04-08T20:09:03","modified_gmt":"2020-04-08T20:09:03","slug":"first-covid19-death-cook-county-jail","status":"publish","type":"post","link":"https:\/\/chicagocouncil.org\/staging\/1601\/first-covid19-death-cook-county-jail\/","title":{"rendered":"Cook County Jail’s First COVID-19 Death Could (and Should) Have Been Prevented"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

Jeffrey Pendleton is the first person known to have died after contracting COVID-19 in the Cook County Jail. His infection and eventual death were avoidable and preventable. Each and every government actor who objected to his release\u2014or contributed to his incarceration in the first place\u2014played a role in his death. If Cook County officials take his death seriously and respond decisively and quickly, perhaps they will be able to avoid further loss of life. But if they respond with apathy and inefficiency\u2014as they have throughout this pandemic\u2014his death will be the first of dozens, or even hundreds, of incarcerated people who will die needlessly.<\/p>\n\n\n\n

Mr. Jeffrey Pendleton died at age 59. The most important\nthing to remember about him, I\u2019m sure, is not<\/em> the criminal case against\nhim or the reason he was incarcerated. Like every human being, Mr. Pendleton\nhad family, friends, and a community. He had a life and dignity that should\nhave been respected and preserved. Unfortunately, in his final years, Mr. Pendleton\nwas subjected to the grave injustices of our criminal punishment system\u2014including\nmoney bond, overcharging, and pretrial incarceration\u2014and when he asked for\nmercy and justice in the midst of this unprecedented pandemic, he was denied. Jeffrey\nPendleton had been in the Cook County Jail since July 2018. For almost two years\n<\/em>he lived in jail while presumed innocent, awaiting trial on charges for\nwhich he had not been convicted. <\/p>\n\n\n\n

At any time during those two years, Jeffrey could have gone home, had he been able to pay just $5,000. On March 26th<\/sup>, four days before Mr. Pendleton tested positive for COVID-19, his public defender asked the judge and State\u2019s Attorney on his case to reduce that bond\u2014or to, at least, let him be confined at home on electronic monitoring while he awaited the resolution of his case. The judge denied the bond reduction and Mr. Pendleton went back to Cook County jail, where it was impossible for him to follow CDC guidelines, impossible to keep his hands washed regularly, and impossible to avoid contracting the virus. Less than two weeks later, Mr. Pendleton was dead. He will never see the outcome of the pending federal lawsuit challenging the conditions of his confinement as cruel and unusual under the Eighth Amendment. <\/p>\n\n\n\n

For the past several weeks, State\u2019s Attorneys and Sheriff Tom Dart have repeatedly touted that people charged in \u201cnon-violent\u201d or \u201clow-level\u201d cases have been released. Quite obviously, this has been and remains false. <\/strong><\/p>\n\n\n\n

Mr. Pendleton wasn\u2019t accused of hurting, threatening, or robbing\nanyone. While he was accused of crimes that sound<\/em> particularly dangerous,\nthe behavior he was accused of did not, in fact, hurt any specific person. From\nthe publicly listed charges, it seems he was arrested for allegedly carrying a\nfirearm without a license and possessing, or possibly delivering, heroin. There\nis nothing in his charging to suggest that he shot anyone or threatened anyone.\nThe \u201cvictim\u201d listed in his charges is the State of Illinois. Yet, the State\u2019s Attorney\u2019s\ndecided to charge him with two war-on-drugs-era charges that inflated his\npossible sentence to a minimum of 21-years. <\/p>\n\n\n\n

He was charged under laws from the 1980s and 1990s\u2014laws which the majority of the country no longer support\u2014designed to lock people up and throw away the key, so his case was not considered \u201cnon-violent.\u201d One of these is the \u201cArmed Habitual Criminal\u201d three strikes law, which imposes a 6-to-30-year sentence for simple gun possession on people with two or more past felony convictions. The other is the Illinois \u201cArmed Violence\u201d statute\u2014an extremely misleadingly-named statue that is one of the harshest gun possession laws in the country. It imposes high mandatory minimums in all cases where a gun is possessed at the same time another alleged, usually non-violent, felony occurs. In Mr. Pendleton\u2019s case, it was the supposed delivery of heroin. Because of these draconian laws, Jeffrey Pendleton was facing a 21-year mandatory minimum sentence: a sentence that might very well have led the 59-year old to die in prison. <\/p>\n\n\n\n

I\u2019m not going through this detail to minimize the crimes in which Mr. Pendleton was accused. We can\u2019t know from publicly available documents what exactly the circumstances of his arrest were. But I can say this: <\/p>\n\n\n\n

  1. If Mr. Pendleton could have paid $5,000, he would have been able to go home well before this pandemic began. Our wealth-based system continually uses money bonds to incarcerate the poor and vulnerable while letting those with money go free.  <\/li>
  2. If the State\u2019s Attorney\u2019s Office had followed its own touted policies, and not chosen to use outdated charges, Mr. Pendleton likely could have been released before the COVID-19 pandemic began\u2014either pretrial or after finding a reasonable resolution (something other than a 21-year minimum prison sentence) to his case. <\/li>
  3. If the Chief Judge of Cook County, Timothy Evans, Sheriff Tom Dart, or State\u2019s Attorney Kim Foxx has directed their offices to respond appropriately to advocates\u2019 calls to massively depopulate the jail before<\/em> the first cases were reported, Mr. Pendleton might have avoided the infection that killed him by sheltering-in-place with his family like other Chicagoans. But because they dragged their feet, used extremely narrow definitions of who was eligible for release, and insisted on lengthy individualized reviews of 5,600 cases while the virus spread like wildfire in the jail, Jeffrey Pendleton was handed a death sentence. <\/li><\/ol>\n\n\n\n

    No one is disposable. No one deserves to die of this virus. Every<\/em>\ndeath is worth preventing. No one should be left behind as society comes\ntogether to collectively survive this unprecedented crisis, but there are\nthousands more people still behind bars at Cook County Jail. Very, very few of\nthem are a direct threat to anyone and none of them deserve to die simply because\nof an accusation or for being too poor to pay a bond. <\/p>\n\n\n\n

    Many more will die needlessly before this pandemic is\nover. State\u2019s Attorney Foxx, Sheriff Dart, and each judge in Cook County\u2014particularly\nChief Judge Evans\u2014have the power to prevent more avoidable deaths. They must<\/em>\nexercise that power.<\/strong><\/p>\n\n\n\n

    I sincerely hope that Mr. Pendleton\u2019s family and community are able to grieve him and, somehow, find peace. I hope that over the next few days, if his family and friends wish, we can all lift up the most important things about Jeffrey Pendleton\u2019s memory. I hope that all of us who did not know him will see our responsibility to radically change our approach to the crisis in the Cook County Jail, respect the value of human life, and send home every person we can before more families are robbed of their loved ones. <\/p>\n\n\n\n

    <\/div>\n\n\n\n
    \n\n\n\n
    <\/div>\n\n\n\n

    By Sarah Staudt, Senior Policy Analyst & Staff Attorney for Chicago Appleseed and the Chicago Council of Lawyers<\/em><\/h4>\n","protected":false},"excerpt":{"rendered":"

    Jeffrey Pendleton is the first person known to have died […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","footnotes":""},"categories":[78],"tags":[96,95,83],"class_list":["post-3468","post","type-post","status-publish","format-standard","hentry","category-collaboration-for-justice","tag-cook-county-jail","tag-covid-19","tag-criminal-justice-advisory-committee"],"yoast_head":"\nCook County Jail's First COVID-19 Death Could (and Should) Have Been Prevented - Chicago Council of Lawyers<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/chicagocouncil.org\/staging\/1601\/first-covid19-death-cook-county-jail\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Cook County Jail's First COVID-19 Death Could (and Should) Have Been Prevented - 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