Times Journal

Posted May 24, 2012 at 4:20 pm

A complaint has been filed in Russell Circuit Court regarding the December 2011 death of an inmate at the Russell County Detention Center alleging that Jailer Bobby Dunbar, Deputy Jailer Bethany Foley and several more of his deputy jailers, who were not named in the complaint, were negligent in the care of Peggy McWhorter, who is now deceased, following her arrest in mid-December, according to Circuit Clerk Tony Kerr.

The complaint was filed on behalf of attorneys for Nicole Peterson, the administratrix of McWhorter’s estate, and Wanda Russell, the guardian of McWhorter’s children.

The complaint alleges that the defendant’s neglect of McWhorter’s “obviously serious medical condition” was one of the contributing factors to her death. It says in the complaint that McWhorter “may have taken an overdose of drugs” before being arrested and lodged in the detention center.

The complaint alleges that McWhorter’s admission to the detention center “violated policies and procedures prohibiting the admission of persons in her condition” and that the defendants “took no special precautions” for McWhorter’s condition.

It also says that had the defendants “refused to admit” McWhorter or “monitored her for a deterioration in her condition or unconsciousness, she would not have died.”

The plaintiffs are asking for a trial by jury, an award of actual damages for McWhorter’s pain and suffering and loss of enjoyment of life, and loss of income attributable to her death, funeral costs and expenses and her minor children’ loss of consortium, punitive damages, attorney fees, costs and expenses, interest on all sums awarded at the maximum rate permitted by law and any other further relief that her estate or minor children may be entitled to under law.

McWhorter was serving weekends for a recent DUI conviction, according to court records.

The investigation was conducted by State Police Detective Bradley Stotts, Coroner Larry Skaggs and Dunbar.

McWhorter was the first, and only, inmate to pass away in the new Russell County Detention Center, which opened in early 2011.

Please remember that the complaint only represents one side of the story and further court action is warranted in the case.


Former University of Kentucky Wildcat basketball star and national champion Anthony Davis, who also won multiple NCAA player of the year awards this past season for the Wildcats and is expected to be the first player selected in the upcoming NBA draft, visited Russell County last Sunday afternoon as he signed autographs and posed for photos at Premier Integrity Solutions in Russell Springs.

Brian Walters, president and CEO of Premier Integrity Solutions, inc., said he was happy to bring the 6-10 Davis, who is originally from Chicago, to Russell Springs as Davis makes his rounds around the state before leaving the Bluegrass state for good in June.

“I actually took my son Benjamin to Somerset, stood in line at his autograph signing, ran into his agent and tried to see what it would take to get him down here for the Russell County folks,” Walter said. “We then made arrangements and he was excited to come down. We’ve had a lot of participation from the community, State Dock donated two houseboats for them to stay Sunday night and Franklin Motors gave them some vehicles to drive while they were there, plus a lot of businesses donated items to his community welcome basket we made him.”

Walters said despite a lower turnout than he would have liked due to the rainy weather and the fact that it was Mother’s Day, he said he knew Davis had a good time in Russell County over the weekend.

“He really appreciated everything the community did and donating things to him,” Walters said.

“It was a great honor to have him. I didn’t actually realize until today that UK has never actually had a national player of the year and that is one honor that he has that they definitely can’t take away. Not only that but he has a national championship and will most definitely be the number one pick in the NBA draft, so it is a pretty big honor for him to come.”

Numerous other local businesses donated items to the gift basket given to Davis during the visit.

He said he was glad Premier was able to host Davis on his trip to Russell County and hoped that everyone who came out to the session went away pleased with their signed memorabilia and lifelong memories they were able to take with them.

Davis, who stayed Sunday night at State Dock before heading to Paducah on Monday, joins fellow former Wildcat Terrence Jones as members of the 2011-12 team to make it to Russell County on their stops as Jones visited last month at the Russell Springs Pharmacy.