Cindy McFarland, the widow of a Montgomery Regional Hospital security guard killed two years ago by William Morva, has filed a civil action lawsuit against three deputies and a Montgomery County sheriff.
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McFarland, who filed the suit in Montgomery County Circuit Court on July 18, asserted that Sheriff Tommy Whitt, Capt. Robert Hall, Lt. B.J. Smith and Deputy Russell Quesenberry did not take appropriate measures to prevent the death of Derrick McFarland. McFarland is suing for $9.8 million in damages.
The lawsuit states that Whitt, Hall, Smith and Quesenberry were responsible for the secure housing, supervision and control of incarcerated inmates at the Montgomery County Jail. This would also consist of the transportation of inmates to medical facilities, including the transportation of Morva to Montgomery Regional Hospital.
McFarland's suit also notes of William Morva's brother, Michael Morva, imprisoned at Montgomery County Jail for a five-day period in Jan. 2006. Before bonding out, Michael Morva and William Morva, incarcerated at the same time, had numerous conversations in various cells and dayrooms.
The suit states that Smith listened to a taped phone conversation after Michael Morva's release from prison, in which he heard the two discussing the pros and cons of a "Plan B." This later served as evidence proving conspiracy in Michael Morva's aid to help William Morva's escape.
On the date of this escape, William Morva claimed to have fallen and requested immediate medical attention, noting soreness in his wrists and ankle. Agents of the defendant provided a clinical examination of William Morva, finding that he did not have visible fractures but still warranted hospital attention.
William Morva was escorted to the hospital on Aug. 20, 2006, by Quesenberry and placed in a waist chain with just one handcuff on one arm, because of his alleged wrist injury. He was not required to wear leg irons. The lawsuit claims that once at the hospital, Quesenberry ignored several shifty maneuvers by William Morva, in which he attempted to walk on the weapon side of his escort and repeatedly dropped his discharge papers.
After incessant complaining, William Morva was granted permission to use a restroom in the hospital unaccompanied, a decision by Quesenberry that receives considerable scrutiny in the suit.
In the restroom, Morva dismantled a metal toilet paper dispenser, flushed the toilet twice to signify that he had finished, and awaited Quesenberry's entrance. He removed his orange prison pants and tossed them in the corner of the restroom, out of his reach.
Hearing the flushes, Quesenberry entered to move his detainee, immediately noticing William Morva standing in the single-person restroom without his jumpsuit pants on. After agreeing to help William Morva retrieve them, Quesenberry was struck from behind and knocked unconscious by the dispenser.
Morva then stole and loaded Quesenberry's pistol, fatally shooting McFarland, a hospital security guard who had heard commotion in the restroom moments before.
The morning after the incident at the hospital, Morva was spotted in Blacksburg, creating a dangerous situation for faculty and students. Morva killed Sheriff's Cpl. Eric Sutphin, a bicycle patrolman participating in the manhunt for Morva on Huckleberry trail.
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