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Troubled south Mississippi man becomes another casualty in rising number of jail suicides 

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Troubled south Mississippi man becomes another casualty in rising number of jail suicides 

Almost a year has passed since Harlene Blair of McHenry last saw her 21-year-old son Eli Marrero, alive. Now she wonders if she'll ever find out why he died in law enforcement custody.

Blair told MCIR she was told her son was found hanging from a light fixture in his solitary confinement cell in the Stone County Correctional Facility on Jan. 29, 2022 — five months before his 22nd birthday.

Blair said her son's case hasn't gotten the attention it deserves from the investigators or the . “I'm kind of afraid the police will mess with me if my name is printed, but I don't care. I've called everybody from the TV stations and the newspapers all the way to the governor,” Blair said. “I've called fifty law firms — all of them said they'd have a conflict of interest since they have to work with police.”

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Blair said her son was arrested at her home after Thanksgiving in 2021 for not reporting to his probation officer in relation to stealing a car. Blair said the car belonged to Marrero's cousin, and Marrero's defense was that he thought he had permission to drive it. Blair said she saw papers Marrero had received after his release, and she saw no mention of needing to report to anyone. She said her questions to the sheriff at his arrest were rebuffed.

“I asked them for the paperwork with the warrant, and they wouldn't give me anything, and they wouldn't let me hug him goodbye,” Blair said.

The sheriff would not respond to questions for comment.

Eli Marrero, diagnosed with Schizophrenia when he was 16, was 21 when he was discovered hanging in his Stone County jail cell on Jan. 28, 2022.

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Marrero suffered from schizophrenia, diagnosed at age 16. Blair said he received treatment at Gulf Coast Mental Health Center in Wiggins. She said she did not think Marrero was medicated while he was in jail, even though she said she told the sheriff's department he needed his medication when they came to arrest him. “They sent two cop cars to come get him,” she said.

Attorney David Sullivan of Gulfport, who was Marrero's public defender on the car theft charge, told MCIR that he didn't understand why Marrero would have been arrested in the first place for not reporting to his probation officer. He said that in cases like that, police usually arrest a person as they encounter them in the community — not going out of their way to find him at home.

And even if he were sentenced on the charge, Marrero might have been credited with time served or even have gotten a second chance from the judge, Sullivan said. “He wasn't looking at years in prison. He did that time because he couldn't afford to bond out. He would have been parole-eligible anyway.”

He said Marrero was not entitled to a public defender for a probation violation charge so he was no longer involved in the young man's defense.

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Jail suicides on the rise

Jail suicides are becoming more common — 340 persons in state and federal prisons and 355 in local jails died by suicide in 2019, based on the most recent mortality data from the Bureau of Justice Statistics. The number of suicides in local jails increased 5% from 2018 to 2019, while suicides in state and federal prisons remained stable.

Suicides accounted for almost a third of deaths in local jails and 8% of deaths in state and federal prisons in 2019, according to the BJS. Nearly a fifth of the nation's 1,161 state and federal prisons and a tenth of the 2,845 local jails had at least one suicide in 2019.

Over the 20-year period from 2000 to 2019, more than 6,200 local jail inmates died by suicide while in custody. Suicide deaths among jail inmates increased 13% over the period. Those who died by suicide were most often male, non-Hispanic white, incarcerated for a violent crime and died by self-strangulation.

More than three-quarters of jail inmates who died by suicide from 2000 to 2019 had not been convicted and were awaiting adjudication of their charge, according to the report.

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The Mississippi Department of Mental Health is trying to get a handle on just how many prisoners in jails are battling mental illness, said Dr. Tom Recore, the head of forensic services for Mississippi since April 2022.

The department recently completed a year-long longitudinal study of just how long it takes for a mentally ill inmate to be ordered to have a competency hearing. The figures were stunning: inmates spent an average of 555 days in jail from the alleged offense until a judge ordered they be evaluated to see if they were competent to stand trial.

“The averages are high because of a handful of counties,” Recore explained.

Once the order was sent, it typically took another 191 days to process an inmate through a competency hearing, an evaluation period, and an order of noncompetency being entered. That amounted to 748 days — a little more than two years — according to the study.

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Some of those inmates had been indicted for their crimes, and some had not — depending on when their cases were presented to a grand jury, which is the responsibility of the county, Recore noted.

One of the reasons that the first waiting period is so long is the inmates' attorneys typically have to request a competency hearing, and Mississippi does not have a full-time public defender system in place. In Stone County, most public defenders are private attorneys from the Coast who do the work for $500 per inmate, Sullivan noted.

The Office of the State Public Defender was established in 2011 to unite various state agencies providing public defense under one umbrella and to develop proposals for a statewide public defender system. It issued its final report in 2018 to the Legislature, outlining a proposal for a statewide public defender system. The office's annual report in 2021 shows that implementation of the proposals is not complete, with the office proposing three pilot programs, one in each Supreme Court district, to be presented to the Legislature next year.

House Bill 360 to provide funding for these pilot programs passed the House in 2022 and died in the Senate Judiciary B Committee on March 1, 2022, according to the bill status website. The OPD's 2022 annual report noted that efforts will be made to pass this pilot program in 2023.

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Eli Marrero racked up multiple incident reports in the Stone County Correctional Facility c prior to his suicide on Jan. 28, 2022.

A troubled man and problematic inmate

The Mississippi Bureau of Investigation, which has oversight over inmate deaths in the state, is investigating Marrero's death. Because the investigation is ongoing, of the case are unavailable under the state's Open Records Act, according to Robert E. Wentworth, staff officer in Mississippi Department of Public Safety's legal division.

But arrest records and incident reports obtained by MCIR paint a picture of a troubled man who became a problematic inmate.

According to his Dec. 2, 2021, interview, Marrero told booking officer Vickie Clark that he suffered from mental illness but did not receive treatment for it. He also said he had received treatment for substance abuse in the past, although it was not clear from those records where he received such treatment. His brief mental status exam at that time was deemed within normal limits.

During previous jail stays, Marrero had other incident reports — once for attempting to exit the jail through the fire escape door on the bay back to his lockdown cell after a court date in April 2021. Cpl. Aaron Lumpkin noted Marrero said God told him to go outside instead of to his cell. Attempts to get him into his cell resulted in an altercation between Lumpkin and Marrero, with two correctional officers assisting Lumpkin in getting Marrero into cell 135A, noted on Marrero's transfer papers as a “suicide cell.”

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Less than a month later, Marrero was the center of a multiple-inmate verbal altercation where other offenders accused Marrero of using racial slurs and of walking in on them during showers. As a result, Marrero was placed on lockdown without contact with any other prisoners, per Lumpkin's report on the incident, or his mother.

On July 29, 2021, Marrero flooded his cell and other of the jail with “toilet ,” according to the report. He would not his cell when told to do so, resulting in Capt. Eddie Rogers, chief of security at Stone County Correctional Facility, spraying him with a one-second burst of pepper spray and a brief scuffle between them to get Marrero out of his cell, with six other officers in attendance, according to Lumpkin's incident report.

Marrero lashed out at a particular inmate during his jail stays, identified in the records as Octavian Stanley — first on July 20, 2021, with the two shouting threats at each other, then, according to an affidavit filed on Dec. 29, 2021, alleging Marrero had jumped Stanley from behind and hit him in the head. An incident report from that day corroborates that Marrero had attacked Stanley while the inmate was cuffed. The scuffle resulted in a that the two should not be out of their cells at the same time for any reason.

Three days before his death on Jan. 25, 2022, Marrero was also written up for attempting to assault an officer. The officer noted that Marrero swung his handcuffed fists at the officer's face. The officer blocked his swing and shoved him into his cell. According to the incident report, two other correctional officers witnessed the assault.

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Blair confirmed Marrero, as a teenager, stayed in trouble at school because of problems with attention deficit disorder and got his GED after dropping out.

An April 24, 2017, article in the Sun Herald quotes Capt. Ray Boggs as saying Marrero escaped from youth court after a hearing, possibly running off with his girlfriend who had a car waiting outside the building, injuring Chief Deputy Phyllis Olds.

‘This is not the place they need to be'

Marrero's autopsy dated Feb. 1, 2022, which MCIR obtained from Blair, was signed by State Medical Examiner Dr. Staci Turner. It found ligature markings on Marrero's neck, partially encircling it, which the examiner found consistent with the history given that Marrero had been found hanging in his cell. No spinal cord injury was present, nor was there any substances found in his body per the toxicology report. All other organs were normal with no evidence of natural disease.

Stone County Coroner Wayne Flurry said he was called to Memorial Hospital in Stone County, where Marrero had been taken in an effort to revive him. Flurry said he was told Marrero had been found hanging from a light fixture in his cell. Since Marrero had died in jail, the case was referred to MBI to investigate, and Marrero's body was sent to the state Crime Lab for autopsy. “I referred it to the State Medical Examiner because all I had to go on was what I had been told,” Flurry said. “I did not go to the jail.”

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Marrero's case is not the first time Stone County Sheriff's Department has been investigated for how it handled the mentally ill. In June 2019, Pablo de la Cruz, then a sheriff's K-9 deputy, resigned amid an investigation into the alleged mistreatment of a mentally ill man picked up on a court order related to his health.

Blair said not knowing what exactly happened to her son was the most difficult part about his death. “Nobody would tell me anything,” she said. “Every time I asked why he was in solitary confinement, they said he's not fit for general population.”

Rogers said it was known throughout the jail and the community that Marrero had problems. “One minute he was fine, the next minute you were like, what are you even saying? It would sound like he was speaking in Arabic,” Rogers said.

“It's a sad situation,” Rogers said. “This is not the place they need to be. But I don't know if Mississippi is ever going to do anything about it.”

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Recore said the state is attempting to build a new system of services that quickly identifies mentally ill individuals in the prison system, gets them evaluated for competency, and gets them the necessary treatment they need to be restored to competency if possible — or kept in the least restrictive environment available if that's not possible.

Blair said she feels like some simple measures could have kept her son alive. “I would like them to take the bedsheets out of solitary confinement and to keep a better eye on the people in there,” she said, noting her son should have been checked on every 30 minutes or so if he was at risk for suicide.

Wendy Bailey, executive director at the Department of Mental Health, said the state is attempting to provide a continuum of care with two pilot programs based out of Region 8 Mental Health in Brandon and Region 12 Pine Belt Mental Health to connect inmates with medical treatment earlier in their confinement.

She said anyone who is concerned with the mental health of inmates should familiarize themselves with these new programs. “If you have everybody at the table, all the advocates for care, we can create a system that Mississippi can be proud of,” Bailey said.

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This story was produced by the Mississippi Center for Investigative Reporting, a nonprofit organization that is exposing wrongdoing, educating and empowering Mississippians, and raising up the next generation of investigative reporters. Sign up for our newsletter.

Email Julie Whitehead at julie.whitehead.mcir@gmail.com.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Q&A: Explaining the health care coverage gap

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mississippitoday.org – Mississippi – 2024-04-18 16:58:45

Lawmakers and advocates regularly refer to Mississippians without health insurance who are in the “coverage gap.” But what is the coverage gap, why does it exist and how does it relate to Medicaid expansion?

What is ?

Medicaid is a federal- program that provides health coverage to millions of people in the U.S., low-income adults, children, pregnant women, elderly adults and people with disabilities. States administer the program, which is funded by both states and the federal government. Mississippi participates in the traditional Medicaid program, but the is debating two differing proposals that would expand Medicaid.

What is the coverage gap?

The coverage gap refers to a certain group of uninsured people in states that have not expanded Medicaid under the Affordable Care Act, the federal health reform enacted in 2010 under the Obama administration. 

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The law sought to make health insurance affordable and accessible to more people and provides subsidies that lower costs for households with incomes between 100% and 400% of the federal poverty level, or between $18,210 and $72,840 in annual income, respectively, for an individual.

The Affordable Care Act also expanded Medicaid eligibility to adults under 64 years of age with income up to 138% of the federal poverty level – or $20,782 annually for an individual in 2024. But a U.S. Supreme Court ruling in 2012 made expansion optional, creating the “coverage gap” in states that did not opt to expand the federal-state program.

Why does it exist?

In Mississippi and the nine other states that have not expanded Medicaid, there is a gap between people whose income is not low enough to qualify for non-expanded Medicaid but less than 100% of the federal poverty level, or about $15,000 a year for an individual, to qualify for subsidized insurance through the federal marketplace. To qualify for Medicaid in Mississippi under current regulations, one's household income must be less than 28% of the federal poverty level, or a mere $7,000 annually for a of three. Non-disabled childless adults are not eligible for Medicaid unless they have another qualifying

How many people fall into the coverage gap?

Roughly 74,000 Mississippians fall into the coverage gap, according to a recent KFF study. Nationally, the number is 1.5 million people.

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What is Mississippi's uninsured population? 

Mississippi had one of the highest uninsured rates among working-age people in the country in 2022 at 16.4%, according to the U.S. Census Bureau's American Community Survey. 

Are people in the coverage gap employed?

In 2019, of the 178,000 uninsured Mississippians making below 138% of the poverty level, the majority – nearly 61% – were either working or looking for work. Many of those not in the labor force are unable to work due to a mental health or medical condition; lack of transportation; caring for a family member or recent incarceration, among other circumstances. More recent years' data has been skewed because of the COVID-19 pandemic and extended Medicaid coverage for people who would not have otherwise been eligible.

Nationally, according to KFF, the most common of people in the coverage gap are cashiers, cooks, waiters-waitresses, construction/laborers retail salespeople and janitors.

What keeps businesses from offering health insurance to its employees or from offering it with reasonable deductibles?, according to Hilltop Institute at the University of Maryland, Baltimore County

Larger employers – those with over 50 employees – are required to offer health insurance to their employees or pay a penalty. For smaller employers, offering health insurance is not mandatory. And because it is often more expensive, smaller employers will offer benefits with higher deductibles and copays in order to reduce their own expenses. So those employed at a small business either may not have the option of health insurance or may choose to opt out because of cost.

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Nearly 69% of private businesses in Mississippi employ fewer than 50 employees, according to the Agency for Healthcare Research and Quality. It's up to 95% when public employees are included, according to Hilltop Institute at the University of Maryland, Baltimore County.

How many people would the House and Senate plans make eligible for Medicaid, and how many of those are in the coverage gap?

The House plan – which is traditional expansion under the Affordable Care Act and would make Mississippi eligible for hundreds of millions of federal dollars – is estimated to 200,000 Mississippians. That would include people in the coverage gap and others.

The Senate plan – which is not traditional expansion and does not qualify the state for the federal match – would insure about 40,000 Mississippians. This would include only people in the coverage gap, or only those making up to 99% of the federal poverty level.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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The unlikely Mississippi politician who could tank Medicaid expansion

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mississippitoday.org – Adam Ganucheau – 2024-04-18 16:07:16

Note: This editorial is featured in 's weekly legislative newsletter. Subscribe to our free newsletter for exclusive access to legislative analysis and up-to-date information about what's happening under the Capitol dome.

Lt. Gov. Delbert Hosemann is a good man who has dedicated his adult life to helping .

That's why so many Mississippians are baffled by his dug-in position on expansion, which right now threatens to kill one of the most transformative policy proposals that has moved through the Capitol since the 1980s.

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Medicaid expansion would provide health insurance to 200,000 Mississippians, most of whom work in low-income, no-benefits jobs and cannot otherwise afford it. It would give so many of those people the chance to stay healthy and keep regular work for the first time in their lives. It would bring billions in additional federal money to the poorest in the nation, where more than half our rural hospitals are on the verge of financial collapse and so many other needs are underfunded.

It would save lives and livelihoods, and it could legitimately change the trajectory of the state.

But Hosemann's stubborn position on one element of any potential expansion plan — requiring Medicaid recipients to work — jeopardizes the entire proposal. Across the nation, 13 states have tried to implement various forms of a work requirement for Medicaid recipients. The federal , which runs and funds Medicaid, shot down all 13 efforts.

As legislative leaders will soon meet to try to agree on an expansion bill, Hosemann is doubling down on his insistence that any final plan include the work requirement, adding that its omission from a final bill will not get the Senate votes to pass. If he sticks to his guns, this would almost certainly mean Medicaid expansion dies in Mississippi.

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“If you're not working, then you need to go get a job,” Hosemann said in a conservative radio interview just two days ago, reiterating his desire for a work requirement. “… We want them to be working. We have a 53.9% labor participation rate. That's horrific, the worst in the country … If you want a job in Mississippi, you can get one. And so we thought it was very important to have people who are working to have the opportunity to have health care. That's why we passed what we did.”

The state's labor participation rate is, indeed, dismal. But the lieutenant governor in the interview didn't mention the very legitimate reasons so many Mississippians, the unhealthiest American citizens with some of the nation's worst rates of chronic illnesses, cannot work. He did not detail the many financial barriers to those same Mississippians, who are the poorest in the nation, have to finding and keeping steady employment. He did not touch on the state's child care crisis, which for many Mississippians makes regular child care more expensive than what a person can make in a full-time minimum wage job.

READ MORE: To work, Selinda Walker needs health care. To get health care, she needs work.

The irony of Hosemann being the roadblock to passing Medicaid expansion is not lost on people who closely observe Mississippi . For years, Hosemann has been among the only prominent Republican leaders to express openness to it (though he has always refused to use the term “Medicaid expansion”). As he sat largely alone on that limb, conservative Republicans worked hard to use it against him, even helping earn him the moniker “Delbert the Democrat” from his 2023 GOP primary challenger Chris McDaniel.

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On expansion and several other issues, Hosemann, who crushed McDaniel in that primary, has been a more moderate voice than most of his right-wing Republican counterparts. In a polarized state in a polarized political era, many people respect him greatly for that. Few modern Mississippi politicians could boast legitimate bipartisan support, but Hosemann certainly is on that list.

I've closely covered and gotten to know Hosemann for many years now. I've personally witnessed his strong character. I've taken up for him a great deal, even landing the nickname “Delbert's bootlicker-in-chief” from his political opponents last year. What I've seen is a measured, thoughtful and wildly intelligent leader. He's a true numbers guy and a policy wonk, and he's surrounded himself with smart advisers.

He's focused as much of his career on health care improvements as any modern Mississippi elected official. Before he entered public life, he was a legal adviser to health care organizations. Since he was elected, he's visited struggling hospitals and built strong relationships with the most important health leaders in the state, who have persistently talked with him about the benefits of expanding Medicaid. He even visited Arkansas before last year's legislative session to personally learn and study their unique expansion model. He knows what's at stake, and he knows the solutions.

Most people assumed Hosemann would be the out-front leader on expansion, but that has not yet happened. He appeared flat-footed when House Speaker Jason White pushed a traditional expansion plan through his GOP-controlled chamber with overwhelming ease. And what he proposed a month later is not an expansion plan at all.

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Hosemann and his fellow Senate Republican leaders tossed aside the House proposal without public debate or serious consideration and proposed their own plan that would draw down hundreds of millions dollars less than the House's traditional expansion plan would. Additionally, the Senate plan would insure between 150,000-200,000 fewer Mississippians than the House plan.

But none of the differences in the House and Senate plans would matter at all if Hosemann keeps his heels dug in on the work requirement. The federal government will not approve it, and a federal court challenge — very much a shot in the dark during a big presidential election year — could cost state taxpayers millions and continue to people without health insurance and hospitals without financial for years to come.

Across the nation, 20 Republican-controlled states expanded Medicaid even without being able to include their coveted work requirement. Those states came up with creative solutions that still drew down the full federal dollars and opened wide the door for increased health care access while instilling the value and importance of hard work.

READ MORE: These Republicans wanted a Medicaid work requirement but couldn't get approval. So they got creative.

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Hosemann, often to his credit, has made a point to let Senate Republicans make their own decisions and not strong-arm them into unfavorable votes. But at the end of the day, some of the most transformative policy proposals require strong leadership. In North Carolina, for instance, the latest red state to expand Medicaid, bold and pragmatic leadership from the Republican Senate leader who previously stood against expansion prevailed.

“I felt that I had a certain responsibility — that if the reasons that I had articulated for 10 years no longer exist, then I had a responsibility to be honest with myself and be honest with other people about that,” Senate President Pro Tempore Phil Berger told The New York Times last year. “And so I talked to my members, and I told them where I was — and why.”

In 2020, Hosemann employed this exact strategy to help garner enough Republican votes to change the state flag, then the last in the nation containing the battle emblem. Those were tough votes for many Republicans, but one-by-one, Hosemann brought in the holdout senators, laid out his own position to them and asked them to consider changing their votes. It worked.

If Hosemann has a willingness to find creative solutions around the work requirement or to his Republican Senate colleagues about supporting a real Medicaid expansion program, he's not publicly expressed it. If he doesn't, lawmakers will likely go home without expansion in early May despite being closer to true transformation than ever.

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Whether the effort passes or dies in the coming days will likely be in Hosemann's hands. But two major questions remain: Can the most prominent Republican champion of Medicaid expansion for years get it across the finish line? And does he even have the desire to?

READ MORE: Senate Republicans should know: This is literally life-or-death.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Brother wants answers after body pulled from Pearl River IDed as missing Jackson man

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mississippitoday.org – Mina Corpuz – 2024-04-18 15:17:59

With a preliminary identification of remains pulled from the Pearl River as that of missing Belhaven Heights resident Dau Mabil, his brother has secured a restraining order barring the body's release before an autopsy and U.S. Rep. Bennie Thompson is requesting a Justice Department investigation.

A preliminary autopsy of a body recovered from Lawrence County was completed and an official DNA confirmation is expected by early next , said Bailey Martin, a spokesperson for the Department of Public Safety. In a Facebook post, Lawrence Counnty Sheriff Ryan Everett said the preliminary autopsy “did not reveal any type of foul play. The official determination may be made at a later time, pending further testing.”

On Thursday, Mabil's brother, Bul Mabil, and his attorney Lisa Ross gathered at the Museum Trail entrance in Belhaven Heights where Dau Mabil was last seen. 

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“We want to know what happened to Dau,” said Bul Mabil.  “And if anybody has put their hand on my brother, these people will have to be held accountable. And that's why I'm here to get to the bottom of it.” 

Last image of Dau Mabil on Jefferson Street in , Miss., before he disappeared on March 25, 2024.

Video surveillance from the area showed what is believed to be several people moving a body into a truck, said Lisa Ross, Bul Mabil's attorney. 

They were at the trail to show where Mabil likely fought for his and to encourage people to forward with any information about his disappearance. 

Thursday morning, Hinds County Chancery Court Judge Dewayne Thomas approved Bul Mabil's request for an emergency temporary restraining order and preliminary injunction to prevent the release of Dau's body until autopsies can be done by the Medical Examiner's office and an independent examiner, according to court records. 

“Given the nature of Mr. Mabil's disappearance and the location of the body found, it is likely that an autopsy will be required to determine if foul play was involved,” Thomas wrote in his order.

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Defendants named in the restraining order are Mabil's wife, Karissa Bowley, the Capitol and the State Medical Examiner's office. Judge Thomas' order notes that none of the defendants or attorneys representing them came to the Thursday morning hearing. 

“We were very concerned that a body could be released without a proper autopsy being done,” Ross said. “We know that autopsies are very important in determining a cause of death, and this family wants to know the cause of death.”

Bowley did not immediately respond to a request for comment Thursday afternoon. 

On Wednesday, Thompson asked the Department of Justice to open an investigation into the disappearance of the Jackson man.

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“Your immediate attention is necessary because I have been informed your immediate action is necessary because of the circumstances surrounding his disappearance,” Thompson wrote in a Wednesday letter to Merrick Garland. 

In the letter, Thompson mentioned the discovery of human remains in the Pearl River over the weekend, which he was informed could be Mabil. 

Mabil, 33, was last seen March 25 after his wife said she received a text message from him and he left without his phone. Video footage showed him near Jefferson Street between Fortification and High Street, along his usual walking area between Belhaven Heights and

The family filed a missing persons with the Capitol Police, which has jurisdiction over the Belhaven and downtown area where Mabil lives and was last seen. 

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The family said they did not believe that he disappeared without a reason. 

Bul Mabil is calling on Capitol Police and the Jackson Police Department to work together and find out what happened to Dau. A spokesperson from the Department of Public Safety declined to comment further because of an open and active investigation. 

Bul Mabil said his brother was the youngest of six siblings. Their mother who still lives in a refugee camp is devastated by his death. Dau Mabil has a son. whom Bul Mabil said he plans to raise.

The brothers were brought to Jackson after escaping war torn , and in America they hoped for a better life. 

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“None of us believed that we would lose our lives here … and look what happened?” said Bul Mabil. “My brother is not here.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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