A lawyer claims the death of a former inmate at the Erie County Holding Center could potentially be a homicide. Attorney Matt Albert is representing the family of India Cummings.
Albert says the 27-year-old woman died of organ failure last Sunday after she spent 16 days as an inmate at the holding center. Albert claims Cummings died due to what he said could be "criminally negligent homicide" on the part of holding center staff.
The Erie County Sheriff's Office confirmed Cummings was brought to the Holding Center on February 1. She was arrested on charges stemming from a carjacking incident that ended in a crash in Lackawanna. During booking, sheriff's deputies said they discovered pre-existing injuries on Cummings. She was taken to ECMC for treatment. They say the next day, Cummings removed a medical device given to her by hospital staff and injured a sheriff's deputy.
The sheriff's office said medical and mental health professionals then saw Cummings on a daily basis between February 11 and February 17. On the 17th, sheriff's deputies say Cummings was taken to ECMC and Buffalo General. At that point, a judge ruled that she was not a threat and was released from police custody.
Albert claims Cummings was brain dead when she was admitted to Buffalo General. He also says she was in cardiac arrest and had several broken bones. The family alleges holding center staff allowed Cummings to go without treatment for injuries that caused her death.
Albert says the State Commission of Correction is investigating the case.