Family of man who died in Cobb jail says calls for justice have been ignored

COBB COUNTY, Ga - The attorney for Kevil Wingo's family believes Cobb County District Attorney Joyette Holmes should re-open the investigation into the death of the 36-year-old father who died ten minutes after he was wheeled into an enclosed cell in the Cobb County Detention Center last September.

"It is time for this Cobb County District Attorney to take our pleas seriously. If you don't want to do it yourself, contact the GBI and request that they do it. It's common decency. We have given you everything to prove a crime has been committed," attorney Timothy Gardner said during the family's news conference.

Gardner said his proof includes video from the night of September 20, when Wingo was moved from the jail infirmary into a closed, padded cell for inmates on suicide watch.

Wingo, who was incarcerated a few days earlier on drug charges, was moved to the infirmary after complaining about pain from his ulcer.

"He was begging for his life, begging to go to the hospital, telling him that he was having issues with his ulcer, asking them to help him, letting them know he could not breathe, and for nine hours he suffered severe criminal neglect," said Gardner.

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Kevil Wingo (Cobb County Sheriff's Office)

The Cobb County Sheriff's Office conducted an internal affairs investigation and a criminal investigation and concluded in June 2020 that there was no wrongdoing. The Wingo's attorney insists interviews with other inmates and deputy prove that's not the case.

"Mr. Wingo never should have been placed in a close observation cell. He didn't meet the criteria and they didn't fill out the appropriate forms to place him in there and they didn't evaluate him," said Gardner.

Holmes issued a statement Thursday acknowledging the sadness and frustration of the Wingo family and said she would review the files attorney Gardner submitted this week to her office.  She also noted she must wait for authority from the Georgia Supreme Court to pursue certain elements of investigations. The Wingos believe that will lead to yet another delay in their nearly year-long call for justice.

"It is absolutely unfathomable that these individuals have not been charged with crimes. It is equally unfathomable that all of the individuals still work in the facility and still receive salaries. That has to stop." said Gardner.

This is the full statement released Thursday by Cobb County District Attorney Joyette Holmes:

“It goes without saying that matters involving the loss of life, no matter where they occur, are going to evoke all types of emotion, discussion, and a call to action. Mr. Kevil Wingo’s case is no exception. The sadness and frustration that his family, and those who support his family, feel should not be minimized. I am a person who serves a mission in the role of District Attorney and likewise sympathize with the family, our county, and all others in the greater community. Mr. Gardner, the attorney for the Wingo family, hand-delivered materials that he received from the Cobb County Sheriff’s Office, pursuant to an Open Records Request he filed, to my office this week. As I have indicated to him, those files will be reviewed by my office. To date, we have not received any other files from any other agency.

“As the District Attorney, I am committed to making sure that matters of public safety are addressed appropriately. Citizen concerns are brought to my attention daily and addressed by our office or referred to the appropriate agency without favor or fear. The role of the District Attorney remains constant.

“Many have called for the impaneling of a special grand jury. It is important at this juncture to understand the process. Notwithstanding the judicial emergency, which precludes any court from impaneling new grand juries, including special grand juries, the Official Code of Georgia 15-12-100 controls the impaneling of special grand juries. When the “Guidance on Grand Juries during the Supreme Court’s Judicial Emergency Order” provides for the impaneling of new, and special, grand juries, any elected official in the county, or in any municipality within; the Chief Judge of the Superior Court, on its own motion; or I, as District Attorney, can request the Judges of the Superior Court to impanel a special grand jury for the purpose of investigating any matter as provided by law. Pursuant to Ga. Code 15-12-101, if the majority of the judges vote to impanel a special grand jury, the Chief Judge shall assign a Judge of the Superior Court of the county to supervise and assist the special grand jury in carrying out its investigation and duties.

“A grand jury that hears regular presentments and routine indictments, and that performs agency/office inspections, falls under the direct supervision of the District Attorney. Official Code of Georgia Section 15-12-71(b)(1) guides the operation of this grand jury in its requirement that the grand jurors inspect the operation of the jail annually. Our office has a process that sends the grand jury to the jail multiple times a year (every grand jury term) to inspect the jail, ask questions of Sheriff’s Office personnel, and complete a report of that inspection. Upon receiving an updated order from the Georgia Supreme Court that allows us to resume these specific functions, grand jurors will again perform the jail inspection, having in mind the information provided to this office regarding the concerns of the overall operations of the Cobb Adult Detention Center.

“As your District Attorney, my office will do the right thing, by basing our decisions on thorough agency inspections and appropriate case investigations, when the Georgia Supreme Court provides us with the opportunity to address such matters.”

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