West River Eagle

Eagle Butte woman first female federal prisoner to die of COVID-19: case sparks outrage and whistleblower complaint



 

Andrea High Bear

Editor’s note: Andrea is known as both Andrea Circle Bear and Andrea High Bear. Her obituary lists her last name as High Bear.

30-year old Andrea High Bear, of EagleButte, died on Tuesday, April 28 from COVID-19. She had been sentenced to more than two years on a drug charge this January. The CRST tribal member, who was a mother of five, delivered her baby by caesarean section while she was hooked on a ventilator in a Texas hospital on April 1. She died on April 28.

High Bear was heavily pregnant when she was transported by the United States Marshal Service on March 20, from Winner City Jail to the Federal Medical Center (FMC) Carswell in Fort Worth, Texas.
FMC is the only designated medical facility for women in the federal prison system.

According to a statement from the Bureau of Prisons, High Bear was “immediately placed on quarantine status at FMC Carswell” when she arrived at the facility per BOP’s COVID-19 procedures.

Then on Saturday, March 28, High Bear “was evaluated by FMC Carswell Health Services staff and transported to the local hospital due to potential concerns regarding her pregnancy. After evaluation by the local hospital staff, Ms. High Bear was discharged the same day and transported back to FMC Carswell.”

Three days later on March 31, High Bear was seen by FMC Carswell health services staff for a fever, dry cough, and other symptoms, and was transported to John Peter Smith Hospital for further treatment and evaluation.

On that same day, she was placed on a ventilator, said the bureau.

The next day, High Bear’s baby was born by via cesarean section.

High Bear was confirmed positive for COVID-19 on April 4, and four weeks after being placed on the ventilator, High Bear passed away on April 28.

Clara LeBeau, High Bear’s grandmother, said the baby was cared for in the hospital and was tested twice coronavirus. Both times, results came back negative. LeBeau drove to Texas to bring home her great-granddaughter, who was named Elyciah.

News of High Bear’s case sparked nationwide outrage, with people questioning why High Bear, who was considered high-risk due to her previous C-section deliveries, was transported to a facility over 1,000 miles away during a pandemic.

Some even expressed dismay at her sentence.

“Andrea should never have been in jail in the first place. Period. That she was there at all is cruel and negligent,” said Democratic congresswoman Ayanna Pressley during a discussion hosted by the Appeal, a criminal justice news site. The congresswoman called High Bear one of many people “trapped inside of prison systems because of systemic inequities and a failed war on drugs.”

The New York Times published an editorial on May 3 titled, “Blame the Justice Department for Andrea Circle Bear’s Death” and called for Congress to pass federal legislation so that in the next federal emergency response package, “the president should demand, and Congress must include, language forcing the Justice Department and the Bureau of Prisons to immediately release to home confinement individuals who are not a threat to public safety, starting with those who are pregnant or elderly, who have compromised immune systems or are otherwise at high risk for Covid-19.”

The Times also called for the legislation to be named after High Bear “so that she is not forgotten.”
Whistleblower complaint filed by FMC officer’s union.

Three days after High Bear was confirmed positive for coronavirus, Regina Warren, president of staff and officers’ union at FMC, sent a whistleblower’s complaint to republican Senator John Cornyn (TX).

The complaint alleged that the Bureau of Prisons is “providing a false perception to the American people” by stating that movement of inmates had been limited due to the COVID-19 pandemic.

On March 31, BOP issued a public statement which said “for a 14-day period, inmates in every institution will be secured in their assigned cells/quarters to decrease the spread of the virus.”

Not true said Warren who wrote, “There has not been any guidance given to all staff as far as processes and procedures in maintaining health and safety”, and because of the confined space and close quarters, social distancing was impossible for inmates and staff.

Furthermore, the complaint also alleged that seven staff members at the federal facility came into contact with High Bear while she was symptomatic, but they were directed to continue coming to work while their COVID-19 test results were pending.

Because FMC Carswell houses many sick and elderly women, Warren warned of a “catastrophe” unless “extraordinary measures” were taken to prevent further spread of coronavirus. A representative from Senator Cornyn’s office stated that their office had received the letter and it notified the Department of Justice.

On Wednesday, April 29, the American Civil Liberties Union of South Dakota filed a public records requests with Governor Kristi Noem, the South Dakota Department of Corrections, and the Trump administration seeking information on what the Bureau of Prisons, Noem, and the Departments of Corrections knew about the potential impacts of COVID-19 on their prisons and the communities surrounding them.

On Cheyenne River, Baby Elyciah is really doing well, said grandmother Clara. Andrea was interred in Eagle Butte on Thursday, May 7.

Federal Medical Center Carswell, staff filed a whistleblower complaint after High Bear gave birth while hooked up to a ventilator. Documents obtained by Vice.com

Federal Medical Center Carswell, staff filed a whistleblower complaint after High Bear gave birth while hooked up to a ventilator. Documents obtained by Vice.com

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