Negligent homicide charges dropped against St. Mary-Corwin security guards

Negligent homicide charges have been dropped against four St. Mary-Corwin Hospital security guards who were involved in an altercation in which a patient died in February 2021.

Anthony Virant, Anthony Ruff, Drake Castro, and Randy Vialpando were previously charged in the death of Mathew Jones, but in a motion recently obtained by The Chieftain, 10th Judicial District Attorney Jeff Chostner stated there was "insufficient evidence to prove the elements beyond all reasonable doubt."

More:Pueblo hospital guards at st. Mary Corwin charged with homicide

"The case was dismissed because additional information was revealed through continuing investigation of the matter," Chostner said. "A previously undiscovered witness was disclosed and nuances in the pathologist report indicated that the evidence in the case was not sufficient, in my opinion, to sustain a conviction. Therefore, based on my evaluation of the case, and my ethical requirements, I didn’t believe I could proceed further with the case.”

Randy Jones, brother of Mathew Jones, told Chieftain media partner KRDO he was disappointed with the decision.

"We wanted it to go to trial. We wanted justice for my brother. We are at a total loss for words. Disappointed in the district attorney's office. I'm speechless," he told KRDO.

In February, the four guards were charged after allegedly using force to restrain Jones.

The Pueblo Police Department reviewed 18 minutes of camera footage, which showed security guards talking to Jones prior to the physical altercation.

"At no point before 6:24 a.m. on the video footage does it appear that Mathew confronts, assaults or threatens anyone," an arrest affidavit for the security guards said.

"It appears Mathew is trying to resist the security officers' efforts of pushing him toward the door," the affidavit said of the confrontation that began when the guards began to push Jones in the hospital lobby.

"At one point, Mathew extends one leg and puts it on the door to the ER entrance. At this time, Mathew falls to the ground, and the security officers go to the ground with Mathew. While Mathew is on the ground on his back, one of the security guards (Anthony Virant) put his hands against Mathew's throat area. Another officer (Drake Castro) lays across both of Mathew's legs, one security officer (Randy Vialpando) attempts to control Mathew's arms, and the other security officer (Anthony Ruff) has his hand on Mathew's back."

"The video shows it all," Jones told KRDO. "The video shows him minding his own business. They say he was high on drugs, spitting on people, tearing phones off the wall, and the video shows the truth. He was sitting in the lobby minding his own business."

Hospital nurse Betty Weber told police during their investigation she went to the front of the ER and heard Jones saying he couldn't breathe. She told police she approached the guards and compared the situation to the murder of George Floyd at the hands of Minneapolis police officer Derek Chauvin in May 2020.

"Hey, this looks a lot like the George Floyd incident, and we all know how that turned out," she said.

Jones died eight days later after being transported to a Colorado Springs hospital for specialized treatment.

The death was ruled a homicide by Dr. Emily Russel of the El Paso Coroner's Office. Russel said other factors, including morbid obesity, methamphetamine and probable cocaine intoxication, and an enlarged heart with cardiac fibrosis also played a role in Jones' death.

Two of the four guards, Anthony Ruff and Drake Castro, have requested that records in their respective cases be sealed, and hearings on the matter are set for September.

Three of the security guards remain employed, according to Lindsay Radford, a spokesperson for Centura Health, which runs St. Mary-Corwin. The fourth guard resigned shortly after Jones' death.

Questions, comments, or story tips? Contact Justin at Jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

This article originally appeared on The Pueblo Chieftain: Homicide charges dropped against Pueblo hospital security guards