Grand jury decides not to indict officers in LaDay death

A Hardin County grand jury today cleared officers in the death of Kevin LaDay.

LaDay was involved in a struggle with 2 Lumberton officers and Hardin County deputies when they tried to arrest him April 30.  He later died at a hospital.

The grand jury issued a statement saying there is no evidence of wrongdoing on the part of Lumberton police or Hardin County deputies, and they used no more force than was reasonable and necessary.

The grand jury's decision not to indict the officers brings an end the county's criminal investigation.

"Very happy and was sure and confident that the police officers did no wrong doing," says Julia Bailey.

Julia Bailey lives in Lumberton.  She was relieved to hear the grand jury cleared the officers of any wrongdoing in the death of Kevin LaDay.

"I felt like they were, that they were telling the truth and that the truth would come out," says Bailey.

LaDay died on April 30 after a struggle with Lumberton Police and deputies.  They say LaDay's car ended up in a ditch off Highway 69 near a nursing home, and he ran.  Police used a taser on him.  He later died at a hospital.

An autopsy ordered by a justice of the peace indicated LaDay died from PCP toxicity and his death was ruled accidental.

"We had to give it time in order to get all those facts and all that information in. Certainly wanted the grand jury to be able to consider everything that was out there to be considered," says Hardin County District Attorney David Sheffield.

The grand jury reported its decision to Judge Britt Plunk.   The panel had asked to be held over after its term expired September 30 to hear the case. 

"It's been a long and drawn out.  I was afraid it would cause friction, which it did in the beginning," says Bailey.

The New Black Panthers from Houston held a demonstration shortly after the death.

LaDay's' family had an independent autopsy done.  It says there are discrepancies with the official autopsy, but an attorney for the family won't elaborate.

"It's what they've said and what the grand jury bore out in it's investigation.  Along with the Texas Rangers and their investigation," says Sheffield.

And while Bailey and others in Lumberton support their police department, she says there are no winners.

"I'm a mother and I know it's got to be a horrible thing for her.  It was tragic all the way around, no question about it," says Bailey.

We tried to reach Kevin LaDay's mother, Sandra, for comment.  We were not able to get in touch with her.

David Sheffield told KFDM News an attorney for the LaDay family put authorities on notice that he would file a civil lawsuit in LaDay's death.

Earlier story: A Hardin County grand jury has voted to no bill (not indict) officers involved in the arrest of Kevin LaDay, 35, who died following a struggle with officers trying to take him into custody.

The grand jury, which asked to be held over after its term ended September 30, heard testimony and evidence Thursday morning before announcing its decision to Judge Britt Plunk early Thursday afternoon.

The grand jury issued a report stating it found no evidence of wrongdoing by Lumberton police officers or Hardin County sheriff's deputies.  The grand jury report indicated the use of force was within the guidelines of both departments.  Two Lumberton officers were involved in the arrest, with assistance from deputies.

"My officers acted appropriately in the circumstances and I know they're gratified with the grand jury's decision," Lumberton Police Chief Danny Sullins told KFDM News shortly after he learned of the decision. "I'm relieved. It has to go through the process but we always believed we'd get this behind us and move on. The officers have continued doing their jobs for the citizens of Lumberton and will continue doing so."

LaDay died on April 30 after a struggle with Lumberton Police. Police say LaDay's car ended up in a ditch off Highway 69 near a nursing home. According to officers, LaDay ran from them when they tried to do a field sobriety test. Police used a Taser on him during a struggle and he died at a hospital.

An autopsy report released by Justice of the Peace Vi McGinnis indicated LaDay died from PCP toxicity and his death was ruled accidental. The family claims officers beat LaDay. The autopsy ordered by Judge McGinnis showed no evidence of that. LaDay's family had a second autopsy done and an attorney for the family said there were discrepancies with the first autopsy. The attorney hasn't responded to repeated requests for comment from KFDM News.

On September 22, Hardin County District Attorney David Sheffield presented evidence in the case to the Hardin County grand jury.  On Thursday, the holdover grand jury listened to testimony from Dr. Tommy Brown, a forensic pathologist who performed the autopsy ordered by Judge McGinnis, and Danny Young, a Texas Ranger who investigated the case. The grand jury also heard both autopsy reports.  Sheffield told KFDM News he had to subpoena the autopsy LaDay's family ordered.

A spokeswoman for the FBI told us when the grand jury is finished with the case the FBI will send its report to the Justice Department.

6 News reporter Jennifer Heathcock will have reaction to the grand jury's decision on Live at 5 and KFDM News at 6 & 10.