New charges filed against woman who died in jail nearly one year after her death

SALT LAKE CITY (KUTV) — Major new developments to a 2News investigation about a woman who died in jail, after ingesting drugs. Our team has learned that prosecutors have charged the dead woman—after the fact—and that has outraged her mother.

The Salt Lake City prosecutor's office, managed by the Salt Lake County District Attorney, criminally charged a dead woman almost a year after she died face down in a padded cell in the Salt Lake County Jail.

Her family and their attorneys said the timing is suspect.

“My heart is broken for the rest of my life ‘till the day I die, and I’m not the only one, you know. I’m not the only one – she was there for a lot of people. They really did a lot of damage and it’s wrong for them to try to come back and cover something up that they initially did,” said Brandy Tibbets, Breanna Jimenez’s mother.

Video of the June 17, 2019 incident showed South Salt Lake Fire Department paramedics arrive at the jail and take over when Jimenez had no pulse.

A male nurse could be heard asking questions about Jimenez’s condition.

“Do you know what her charges were?” he asked. “Do you know if she was brought in on drugs?”

Sgt. Emelie Sundwall responded, “Fisher, will you find out what she’s here on?... Just ask one of the clerks.”

When she was being searched, Deputy Andrea Barnett saw a blue thing in her mouth and then it was gone, and notified a nurse - but nothing was done.

“Yes, we have basic charges, basic charges, no drug indications at all,” a male deputy responded.

Jimenez was pronounced dead in that cell.

Changes were made to her medical records. Nurse Joel Smith entered her vital statistics the day after, even though she was dead. That wouldn't be the only change after she died.

Jimenez had two traffic cases pending before she died – an HOV lane violation and driving on a denied license.

She was scheduled to be arraigned on both cases July 19, 2019.

Two days after her death, the justice court minute entry shows, "Jail contacted the court saying defendant died in jail."

Both cases were dismissed because Breanna was deceased.

The day she died, she was stopped for a broken taillight and was charged with "no insurance” and "driving on a suspended license."

Those same two traffic violations remained the only charges against Breanna until May 12, 2020 – 11 months after her death, when Salt Lake County District Attorney Sim Gill, who serves as Salt Lake City Prosecutor, Associate City Prosecutor Spencer Wyatt and Paige Williamson charged Jimenez with possession of drug paraphernalia and tacked it onto the existing charges.

The same prosecutors on all three cases, court records show, knew she had died in the jail almost a year earlier.

“They knew that she was in trouble when she was in the jail and that she was dying, and they left her to die on the floor of the cell all by herself,” said Brian Stewart, Brandy Tibbets’ attorney. “When they thought that they were in trouble they jumped into action, modified records and charged her after her death to make her look like a person who wasn’t worthy of their care and protection.”

To bring a notice of claim, which is a precursor to a lawsuit against a government agency like the Salt Lake County Jail, it has to be filed within a year of her death.

The notice of claim was lodged on June 12, 2020 – exactly one month after the drug charge was added.

Seasoned and veteran prosecutors told 2News you cannot charge a dead person, but they did.

“It’s disgusting and it should be outrageous to the, an outrage to the whole community,” Stewart said.

Breanna’s mom and her lawyers were concerned that prosecutors’ may have improperly filed the additional drug charges to help the county avoid liability for her death.

“It’s an abuse of their power,” Stewart said. “They were using those, powers improperly to protect themselves and to cover up what was done to Breanna.”

Tibbets has demanded answers.

“Sim Gill, I want to know why you made changes to my daughter when she had passed away. She had died,” she said. “You know what kind of person does that? I want to know why. I would like to have some answers – not only do I want justice, but I want answers. I want answers.”

2News called the DA's spokesman about this matter and requested an on-camera interview. Within less than 24 hours after that call was made, we found they had taken steps to have the case dismissed, despite the fact that they had more than two and a half years. The motion to dismiss was filed Friday morning. We renewed our request for an on-camera interview with DA Gill, but it was declined. Instead, the DA's spokesman issued a statement to 2News which reads:

“This case was filed automatically and inadvertently remained on the Court’s docket. Automated filing occurs on Class B or lower offenses, including traffic related violations, based on citations issued by the police. A motion to dismiss has now been filed.”

We had more questions than answers and responded with the following email shortly after.

"After reviewing the brief statement the initial filing may be automated and inadvertent but the filing of the amended information 11 months later is neither- and that is the only one I am asking about. Alan Jensen signed that it is true and correct under penalty of perjury. Alex Scherf signed for SLC prosecutor Sim Gill and Spencer Wyatt (saying authorized for presentment and filing by Sim Gill). What's more, prosecutor Paige Williamson was electronically notified after it was amended. I believe you understand what I am asking but very respectfully, my question is not answered in the statement."

We received additions to the initial statement shortly after:

“This case was filed automatically and inadvertently remained on the Court’s docket, with a formal information being filed later based on the original automatic filing. This case was processed the same as any other case is in the Salt Lake City Prosecutors Office. Automated filing occurs on Class B or lower offenses, including traffic related violations, based on citations issued by the police. A motion to dismiss has now been filed.”

Kent Morgan is the former Assistant Chief Prosecutor for the Salt Lake County District Attorney's Office. He weighed in on the legalities and ethical issues of this case and issued the following statement:

“The criminal justice system was not designed to adjudicate criminal responsibility of those who are deceased. Accordingly, it is not a legally valid action to file charges against an individual who has died. On the other hand, law enforcement and prosecutorial offices are ethically permitted to announce the results of investigations even when the suspected perpetrator is found to have passed away after the commission of the offense being investigated. Although, prosecutors may disclose investigative findings they are not ethically permitted to use formal charges against a deceased person as a device to support their investigative opinions."