Pubdate: Thu, 10 Jan 2008
Source: Sarasota Herald-Tribune (FL)
Copyright: 2008 Sarasota Herald-Tribune
Contact:  http://www.heraldtribune.com/
Details: http://www.mapinc.org/media/398
Author: Todd Ruger
Bookmark: http://www.mapinc.org/find?132 (Heroin Overdose)
Bookmark: http://www.mapinc.org/find?246 (Policing - United States)

MOTHER BLAMES DEPUTY FOR SON'S HEROIN DEATH

Lawsuit Claims Officer Should Have Called EMTs

SARASOTA COUNTY -- Deputy Gabriel Eckert stopped in a shopping center 
parking lot and noticed a 21-year-old man apparently passed out in 
the passenger seat of a Jeep, with mucus coming from his nose.

Eckert tapped on the window with his flashlight and got no response. 
He spent about 15 seconds there, then sent a digital communication to 
other deputies: "U SHOULD C THIS 1 ... HE IS CLOSER TO DEAD ... NICE, 
JUST WHO U WANT DRIVING AROUND AT NITE."

Stephen M. Bongiorno was found dead of a heroin overdose in the Jeep 
the next morning, and his mother has filed a wrongful-death lawsuit 
against Eckert and Sarasota County for not doing more to help her son.

"It made me so sad because my son could have lived," said Susan 
Deskins of Riverview.

The deputy, she said, "could have cared less. If that was his son in 
that car, I think he would have done more."

During an internal investigation, Eckert said he should have pulled 
on the door handle when he stopped at about 1 a.m. in the lot at 2881 
Clark Road, Sheriff's Office records state. He also said he should 
have been more assertive in determining Bongiorno's condition and 
called an ambulance if needed.

A shopping center employee saw Bongiorno's body in the Jeep at about 
6:30 a.m. on Nov. 1, 2006.

A cell phone was open on his lap, the vehicle doors were unlocked and 
the key was in the ignition, a Sheriff's Office record states.

The Sheriff's Office cited Eckert for neglect of duty and suspended 
him for a week.

The lawsuit contends that Eckert, hired in 2002, showed a willful 
disregard for human rights and safety, and argues that Sarasota 
County did not adequately train Eckert in how to respond to a 
possible drug overdose.

"He's got to verify the person is free of harm," said Deskins' 
attorney, Charles Gallagher of St. Petersburg. "He would have an 
obligation to follow through and seek measures for further care."

The county also does not have a clear written policy for deputies on 
providing medical care when an immediate need for it is noticed, the 
lawsuit states.

"I don't want this to happen to someone else," Deskins said.

But Deskins said she also filed the lawsuit because the Sheriff's 
Office was crass and compassionless, and did not give her any 
information for months.

"It took them months and months to talk to us," Deskins said. "It was 
like no big deal to them."

Deskins also said that detectives told her that the friend Bongiorno 
was with that night was to blame and Bongiorno was probably already 
dead when Eckert saw him.

"When I asked the time of death, they didn't want to tell," Deskins said.

"All I know is there's the window of time. It could be 10 p.m. to 4 a.m."

An autopsy report lists the cause of death as acute heroin 
intoxication but does not list a time of death. Detectives told the 
medical examiner's office that Bongiorno had a history of cocaine 
possession and his apparent girlfriend has a history of heroin abuse, 
records state.

Sheriff's Office spokesman Lt. Chuck Lesaltato said the office had no 
comment since the events were in litigation. 
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