Mentally ill inmate freed from Ottawa jail three weeks after suicide attempt

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James Rush was finally freed from the Ottawa jail on Friday, but not before trying to kill himself.

The mentally ill man, a one-time elite athlete turned addict, appeared in court under police guard on Friday to be sentenced for shoplifting liquor, dangerous driving in a stolen car and drug possession.

Rush, 33, pleaded guilty, and while prosecutors wanted the mentally ill man to be jailed, Ontario Court Justice Heather Perkins-McVey noted his acute health needs and spared him another day at the Ottawa-Carleton Detention Centre.

Instead, the judge sentenced him to time served — some seven-and-a-half months at the jail awaiting trial — and probation on orders that he see a psychiatrist. The judge noted that the inmate’s ordeal in jail culminated on the night of April 3 when he tried to hang himself in solitary confinement.

The judge told court that while his crimes were serious, the jail has not been able to meet his mental-health needs. Standing in the prisoner’s box, Rush thanked the judge repeatedly and said he had an appointment with a psychiatrist lined up for Friday afternoon. Before Rush was set free, the judge made sure he had bus tickets to get to his appointment.

Rush was housed in a solitary confinement cell on April 2 as punishment for fighting.

When an inmate is placed in a segregation cell, known as the “hole” by prisoners, the jail’s superintendent or designate has to fill out a form explaining why. They also have to answer a series of questions. One of the most important questions is: “Does the inmate have a suspected or known mental illness?”

This newspaper has learned that the superintendent’s designate signed off that Rush had no suspected or known mental illness. In fact, the jail’s own records show that the inmate has a long history of mental illness and is on medication for it.

It was a mixup of his medication that led to Rush’s breakdown on the night of April 3. The guards had placed the mentally ill man in solitary confinement three times before — all for fighting. But this time was different. This time, instead of three days in the hole, they assigned him 12 days in solitary confinement. (That’s three days shy of causing physical and psychological harm to an inmate, according to United Nations experts.)

He only lasted one day.

Rush was upset that he didn’t get all of his medication, and that the nurse never came back with the rest of his pills. He described the nurse as rude and, once alone in solitary, he started banging his head off the walls. He doesn’t feel comfortable or safe without his medication. He worries about his temper and hearing voices. He feels desperate, and on April 3, he’d had enough of losing his mind in solitary confinement. The shoplifter felt like an animal in a cage. His pleas for medication went unanswered. Even the guards were on his side, he said. But he felt humiliated by the nurse, who ignored his demands for medication, the same nurse who threw him a paper bag and told him to suck it up when he was hyperventilating, he said in an interview with this newspaper.

“I was losing my mind.”

Rush decided to hang himself in cell 1B6. And before doing so, he wrote a suicide note:

“I’m so sorry (staffer) to do this on your shift, I can’t do this anymore. I love you mom, I’m sorry for everything.”

He survived the hanging when guards rushed to his aid and cut him down. They called paramedics and Rush was treated at hospital and released the next morning back to the jail.

Moments after Rush was freed on Friday, his defence lawyer, Paolo Giancaterino, praised the judge’s decision.

“We welcome today’s decision that focused on getting my client the help he needs for his complex issues — the kind of help that is not found in a jail cell,” Giancaterino said.

Rush has had more than his fair share of hardship, and he’s also beat up several men along the way.

The former athlete who got hooked on painkillers after breaking his ankle had a deprived childhood and is now hoping to finally kick his drug habit for good and turn his life around.

Perkins-McVey gave him that chance on Friday, and wished him all the best with his treatment as he left the courtroom.

gdimmock@postmedia.com

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