Jailed Army veteran to be moved to medical facility following protest – Tyler Morning Telegraph

An effort to get a man with mental illness released from jail to get the help he needs may have proved successful over Thanksgiving weekend.

Dalila Reynoso, a community advocate and organizer with the Texas Jail Project, joined Tara McSwain beginning on Thanksgiving Day to hold a protest in front of the Smith County Courthouse to shine a light on what McSwains husband, Chris, is going through. They spent a few hours each day of the weekend downtown as well.

This week, Chris is set to be moved to a facility where he can be treated by doctors.

He has been in the Smith County Jail since August, and his health has continued to decline.

Tara McSwain said Chris suffers from a traumatic brain injury related to his 22 years in the U.S. Army. She said her husband has lost over 100 pounds while hes been in the jail and hes not mentally present.

Smith County District Attorney Jacob Putman said Monday Chris McSwain was found incompetent to stand trial in the last couple of weeks.

He is set to be transferred to a state facility, where doctors will determine if he can be restored or not, Putman said.

Chris sustained the brain injury during Operation Enduring Freedom in Uzbekistan in 2002 and later developed severe post-traumatic stress disorder. Past medical documents provided by Tara describe his functioning as poor, and note residual headaches and partial seizures.

After her efforts with Reynoso, Tara McSwain said shes received calls from the Texas Veterans Commission, U.S. Sen. John Cornyns office and State Rep. Ramon Romero, out of Tarrant County. And while still cautious, shes feeling fairly optimistic about news of her husbands transfer.

Im feeling really positive and I feel like somethings getting done, Tara McSwain said.

Reynosa was pleased to hear the news, as Chris McSwain is one of 1,400 Texas inmates on a list to be moved to a facility where they can be treated.

Im trying not to cry, I know a lot of these folks on the list. Im just very blessed to (Smith County Sheriff Larry Smith) that we are able to work together on this, Reynoso said. It is a lot for us to expect from jailers to do for us. They did not go to school to be experts on dealing with people with mental illness issues. They become combative and scream.

I am thankful for the sheriff. We may not agree on everything, but mental health is something we do, and Im going to continue to be an advocate for it, Reynoso continued. There are so many people sitting in the county jail who do not have the family support system or the voice to do anything. It brings me to tears, when an elected official will help.

Tara McSwain said her husband was booked into the county jail following an incident between them, but she chose not to press charges. She explained she called the Veterans Affairs crisis line and the Tyler VA found him. Tara said she came up behind him too fast.

He was sent to a VA center in Dallas, but she said he got frustrated and walked out. The physicians didnt know he was gone. Tara McSwain said he was missing for two days until the Dallas County Sheriffs Office found him and kept him on hold for Smith County, where he and Tara live with their family. Hes now been in the Smith County Jail since Aug. 12.

Tara said despite violent outbursts, her husband is not an angry person. She believes hes dying in county jail.

His most recent time in jail is not his only arrest. Records show driving while intoxicated, drug possession, injury to a child or neglect and assault charges were dismissed for the most part or he was given probation.

For the injury or neglect in 2010, he received three years of probation, and he got two years of probation for an assault charge in the same year. Other charges were later dismissed in court.

Tara McSwain was charged with several counts of prescription drug fraud, but the charges were later dismissed as well.

Tara McSwain explained that she knows her husband cannot come back home to their family. She wants him in a place where he can receive treatment.

Its an issue of moving him into an appropriate TBI facility, she said. The ones that are not getting better we need a facility for them.

She said her husband needs a place where he can receive love, kindness and nurturing.

This is an injury that will never get better, Tara McSwain said. I just want to raise awareness that mental health cannot be treated the same across the board.

Hes not restorable and this is a waste of taxpayers money, Reynoso said. There are close to 1,400 folks in Texas on that waiting list. The wait time is anywhere from a year and a half to two years. And that becomes an issue if their health is declining.

From the video I watched, it took a few minutes for Chris to even recognize his wife, Reynoso continued. We can not criminalize TBI and mental illness. When she reached out to me it was heartbreaking to learn he was a veteran and gave 22 years to his country and this is how we do by him? I dont think he intentionally meant to walk out of the VA. He was lost for two days just walking around.

Reynoso said she doesnt want the jail to be the number one provider for mental health.

Its up to us as community members to do better for these individuals, she said.

Reynoso said the jail staff does not have the proper skill set to treat people suffering from mental illness and she suggests creating a facility that treats people dealing with mental health issues rather than putting them into the county jail.

There are not a lot of resources for veterans needing mental health help, Reynoso said. We need to stop the criminalization of mental health.

Chris McSwain also has several fellow service members advocating for him and his wife.

Army veteran Dirk Kellar served with Chris McSwain and called him a great friend as well as a kind-hearted person who did what needed to be done.

He doesnt have a mean bone in his body, Kellar said.

Kellar added that because of his injury, he needs treatment that can help him.

Its not right whats going on, Kellar said. Theres no appropriate treatment where hes at.

Fellow Army veteran Randy Garcia was stationed with Chris McSwain in Germany and through that time he came to know him as a big, tall giant. Since 1991, theyve never lost touch with each other.

Hes a very intelligent, outgoing and nice guy, Garcia said.

Garcia described one incident when he was repelling down a roof and his safety equipment failed. He was going to fall, but Chris McSwain lifted him back onto the roof. Garcia credits Chris for saving his life.

He didnt want any recognition for it, he said.

Because of the TBI, Garcia said he was medically retired and his memory was deteriorating.

Chris does need help. Dirk and I saw him in April, Garcia said. Chris needs to not be in a jail. He needs counseling. The TBI has taken its toll. Hes better off getting mental health care not rotting in a jail.

Garcia added that Chris McSwain loves his children and he is a man of faith that never missed church.

Reynoso said about 20% to 25% of the Smith County Jail inmates have mental illnesses. She wants to see Chris McSwain and others receive the treatment and care they need.

We have a large community that suffers, she said. We should be able to do better.

Reynoso and Tara McSwain are also working together to make changes at the state and local level to get mental health assistance for veterans.

I want to take it to the legislature. I have a few ideas. I think some of the state schools that have been closed could house them, Tara McSwain said. I want him to be addressed as Capt. McSwain. I just want him to look forward to all of us visiting. At least, hell be out of the jail because hes dying. Hes being criminalized for being damaged.

Both spoke during the public participation portion of the Smith County Commissioners Court Tuesday at the Smith County Courthouse Annex.

Editor John Anderson contributed to this report.

The rest is here:
Jailed Army veteran to be moved to medical facility following protest - Tyler Morning Telegraph