Despite alleged neglect in jail, Bend woman won’t be released before manslaughter trial, judge rules
Published 5:30 pm Friday, April 7, 2023
- stock court
BEND — A Bend woman won’t be released from jail before a pending manslaughter trial despite alleging Jefferson County jail staff failed to adequately care for her infected leg, a judge ruled Friday, April 7.
Doctors have told Audrey McHugh, 29, that an infection could lead to the loss of her leg, Jefferson County Circuit Court records show.
McHugh, who is charged in connection with a head-on crash that killed three Warm Springs tribal members, asked the court on Tuesday to release her, according to court records. She faces charges of first-degree manslaughter and driving under the influence of intoxicants for the Nov. 16 crash.
McHugh is accused of acting with “extreme indifference” to human life for allegedly causing the crash that killed siblings Jesiah Johnson, 13, and Jessica Johnson, 15, and their aunt, Saralee Lorette Spino-McCormack, 29, according to court records.
Erick Ward, McHugh’s attorney, told the court that his client’s “health has recently taken a dangerous turn and she can no longer get effective treatment by jail staff,” according to records.
Ward said McHugh, who is confined to a wheelchair because of the crash, had gone through multiple surgeries to repair damage to her leg from the crash.
Ward said in court filings that McHugh missed a March 13 appointment to monitor her recovery because of “the unavailability of transport from the jail.”
He said that “when she was finally able to meet her doctor on March 24, the doctor quickly identified a dangerous infection requiring immediate action.”
The doctor prescribed McHugh an antibiotic and instructed that she begin taking it immediately, three times a day, McHugh said. But Jefferson County jail staff “did not begin her prescription for two days,” and her infection worsened, according to court documents.
Then, jail staff “mistakenly doubled the prescribed dosage, resulting in days of severe illness,” Ward said. He said that jail staff “recognized and acknowledged the error, beginning a pro-biotic treatment regimen to mitigate the effects,” but he said jail staff told McHugh she could only receive medications twice a day, rather than three.
“As a result of these missteps, the infection has worsened,” Ward said, and her foot grew “severely swollen.” Jail staff told McHugh she could see a doctor again in 10 to 15 days, Ward said.
“It is abundantly clear that she will be unable to get the care she requires while in custody,” Ward said. “Further, her ongoing medical needs present a significant expense, liability, and innumerable logistical challenges for” Jefferson County.
Jefferson County Circuit Judge Annette Hillman denied McHugh’s request Friday.
“I’m disappointed, of course,” Ward told The Bulletin on Friday. “I think that Ms. McHugh’s physical state is precarious.”
Asked to respond to McHugh’s allegations Friday, Jefferson County Sheriff Jason Pollock said in an email to The Bulletin: “Often times we get inmates that tell two different stories.”
“They do this to get the attention of their attorney, so their attorney will fight to get them released from jail,” Pollock said.
“Jail is not a fun place for anyone, and I am certain if you ever experience being in any jail you would want to try and come up with a way to get out. There are times the inmate will embellish information, which is the case in this matter.”
When asked what specifically McHugh or Ward embellished and how, Pollock said: “Given they are medical details, I will not comment on that.”
Jefferson County District Attorney Steve Leriche opposed the motion for McHugh’s release. He did not return phone calls requesting further comment and said via email: “I have no further comments on this or other pending cases.”
Ward disputed the notion that his client’s claims had been exaggerated, saying that his statements were based in part on medical reports he examined personally. “I think that our motion was on solid legal footing,” he said.
He added that his motion did not intend to impugn upon the professionalism of the jail’s medical staff. “This is just a really challenging and complex injury. They’re laboring under some very trying circumstances,” he said of the jail staff.
This isn’t the first time McHugh’s requests have been denied by the court. Ward has argued for a lower security for McHugh in court filings, pointing out that McHugh has no criminal record and “has neither the means, nor the physical ability to flee the jurisdiction.” He asked for her bail amount to be lowered from $1 million to $100,000, calling it “unconstitutionally excessive,” which a judge denied.
In an effort to keep McHugh in custody, Leriche has emphasized in court the seriousness of the alleged crime, noting the impact that the crash has had on the victim’s families and the community.
McHugh is accused of making a dangerous pass through fog while driving around 85 mph along U.S. Highway 26 north of Madras on Nov. 16. The prosecution has claimed she had alcohol and THC in her bloodstream at the time of the crash.
“There is no doubt that the accident resulted from Ms. McHugh passing in unsafe conditions,” Ward acknowledged in a March 8 memorandum in support of reducing the security amount. “However, Ms. McHugh strongly denies that she was impaired or acting recklessly at the time of the accident.”
The pre-trial conference in this case is scheduled for May 25.