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College student locked away, forgotten in DEA holding cell for four days, no food, water or toilet
Tampa Bay Times ^ | 5/3/2012 | Jeff McDonald

Posted on 05/03/2012 5:06:17 AM PDT by Shane

SAN DIEGO — A California engineering student says he was left alone in a federal holding cell for four days with no food or water, apparently forgotten by the federal drug agents who detained him.

Daniel Chong, a senior at the University of California at San Diego, said he was swept up in a Drug Enforcement Administration raid near campus and was taken to a detention facility. After questioning, he was told he would be released.

Then the DEA left him locked inside a 5-by-10-foot windowless cell.

He screamed. He kicked madly at the door. He cried like a baby.

Soon, nothing made sense, said Chong, 23. He could hear agents chatting among themselves on the other side of the heavy door and other detainees coming and going from holding tanks nearby.

Days crawled by. No food. No water. No bathroom. He remembers biting his eyeglasses and using the broken shards to scrawl a note onto his left arm.

"Sorry Mom," he tried to write. He stopped after the "S,'' too weak to continue.

On Wednesday, the top federal drug agent in San Diego issued an apology.

"I am deeply troubled by the incident that occurred here last week," the statement said, without mentioning Chong by name. "I extend my deepest apologies to the young man and want to express that this event is not indicative of the high standards that I hold my employees to. I have personally ordered an extensive review of our policies and procedures," said the statement attributed to William R. Sherman, acting special agent in charge.

The DEA acknowledged Monday that agents had left someone in a cell after a raid on April 21 — until they found him and had to call paramedics. The San Diego Fire-Rescue Department said that medical call came on April 25.

At the raid, DEA officials said, they apprehended nine suspects and netted 18,000 ecstasy pills, three weapons and other drugs.

"Seven suspects were brought to county detention after processing, one was released and the individual in question was accidentally left in one of the cells," spokeswoman Amy Roderick said.

Chong told the Associated Press the ordeal began hours after he went to some friends' house on April 20 to get high. Early the next morning, drug agents executing a search warrant burst through the door and eventually took nine people into custody.

Chong said he was handcuffed and left in a holding cell for about four hours. He was then moved to an interview room, where he was told he had been in the wrong place at the wrong time and would be released shortly. One agent even promised to drive him home.

He was returned to a holding cell to await his release. The door swung closed sometime April 21 and didn't open again until April 25. Chong said he was in one of the middle cells, with no toilet, no water.

He said he urinated on the cell's only furniture — a metal bench — to be able to drink the fluid. He stacked a blanket, his pants and shoes on top of the bench to try to climb up and trigger a fire sprinkler on the ceiling, but failed.

The lights went out at one point and stayed off for several days, he said. All the while, Chong said, he could hear occasional footsteps and doors opening and closing, even from the cell next door.

He tried everything he could think of to get someone's attention. He lay on the floor and squinted through a tiny crack beneath the door. He could see shadows and hear muffled voices. No one came.

"It's impossible to describe hallucinations like these," he said. "I was completely insane."

In utter confusion, Chong said, he ate some of the broken glass he had used to slice his arm. He also ingested a white powdery substance the DEA said had been left in the cell inadvertently.

Suddenly, the door swung open. Chong, badly dehydrated, cramped and likely hours from death, said it took him some time to realize he was being saved.

San Diego Fire-Rescue said paramedics were summoned to the center to transport a patient who was suspected of ingesting a white powder substance. The DEA said the substance tested positive for methamphetamine.

Chong was rushed to a nearby hospital where he spent five more days recovering from problems including kidney failure, dehydration and a perforated esophagus that was the result of swallowing the broken glass.

He was not charged with any crimes. In the statement Monday, the DEA defended the raid and said the unidentified suspect was at the house to use drugs. Chong admitted smoking marijuana but said he did not know of ecstasy or weapons at the home.

Chong's attorneys filed a $20 million claim against the DEA on Wednesday, saying his treatment constitutes torture under U.S. and international law.

The five-page notice, a precursor to a lawsuit, cites damages for pain and suffering, future medical and psychiatric treatment and loss of future earnings.

"He nearly died," said Chong's lawyer, Eugene Iredale. "If he had been there another 12 to 24 hours, he probably would have died."

Information from the Associated Press was used in this report.


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: chong; dea; donutwatch; lawenforcement; obama; thinblueline
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To: Lazamataz

You are correct. Yes it can. A person is in serious trouble at 72 hours without water and is on the knife edge of survival after that. Even if they don’t die, serious long-term effects can ensue.


101 posted on 05/03/2012 8:42:02 AM PDT by SargeK
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To: E. Pluribus Unum

You don’t care if a government abuses the constitutional rights of a fellow citizen?

It always starts with the “undesireables”—then it moves up to “respectable” citizens.

That could be you, one day.

But you may not be “forgotten” for four days. You may be “remembered” a month or two down the line.

Your crime?

You owned a gun.

You disagreed with Der Fuhrer Obama publicly.

You voted for the “wrong” politician.

You read a conservative book (”extremist literature”).

This isn’t about the kid doing drugs; this is about the government seeing what we, the American people, will tolerate being done to them without due process.


102 posted on 05/03/2012 8:42:32 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: EQAndyBuzz
Nope. Sorry.

Just not good enough.

Summary executions all around.


103 posted on 05/03/2012 8:56:44 AM PDT by Lazamataz (To the wall, street occupiers!!!!! (credit: WilliamofCarmichael))
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To: E. Pluribus Unum

What narrative? If the facts are not: Left in a cell for five days without food, water, and no charges. Then why the he’ll was he apologized to by the supervising DEA agent. What am I missing? He left in the cell with an “unknown” white powder?

These are the known facts and these facts are not disputed by the supervising agent.

So what narrative am I missing?

So in your world it’s cool to pick up citizens, imprison them without charges for five days without food and water?

Don’t get yourself invested in this one. This story is a real stinker for the gubment.


104 posted on 05/03/2012 8:58:34 AM PDT by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: EQAndyBuzz; All
While it may be sensationalized, it is a truth that when all food and water is unavailable to a person he/she die quickly.
3 days or a day or three longer.
Elderly people that fail to protect their air way when eating, drinking, have two choices, ... a feeding “, put on their door, or chart, and it means no other source of hydration as well. IE Terri Shivo (sp?)

It is entirely true this young man may have been dehydrated to the point of near death.

Cut him some slack. He did not deserve this to happen and we know the offices of the government covers up everything they can. So it is good to bring this incident to the public’s attention. It is the way to get out any information as to the poor operations in some departments.

105 posted on 05/03/2012 8:58:59 AM PDT by geologist (The only answer to the troubles of this life is Jesus. A decision we all must make.)
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To: E. Pluribus Unum

Of course not. I’m a professional and work on buildings all over the world.

We all know potheads are complete losers who never leave mommy’s basement and fill the holes in their brains with taco bell.


106 posted on 05/03/2012 9:01:04 AM PDT by varyouga
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To: azsportsterman

“You must lead a rough life; In my world, being deprived of food and water for four days is certainly torture, and being forced to drink your own urine is certainly denigrating. And I have been on both ends of military survival training, so I think I can speak from personal experience.”

Same here.

The problem here on my part, and freely admitted is I am trying to find the relevance when looking at people like Gilad Shalit and Daniel Pearl who were beaten within an inch of their lives, starved, deprived of water and in the case of Pearl, decapitated as what torture is.

This was depraved indifference on the part of the DEA and yes, justice for this aggregious crime against a citizen of the US should be handed out to the idiots who did this.


107 posted on 05/03/2012 9:01:24 AM PDT by EQAndyBuzz (Would you rather eat dog food or cat food? Guess it's Romney 2012.)
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To: mountainlion

40 days? Where in the world did you read 40 days?


108 posted on 05/03/2012 9:14:53 AM PDT by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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To: Michael.SF.
“You answered your own question.”

Just how did I answer my own question? Bush is no longer president. Obama signed the most recent law. I disagree with the laws content. American citizens are entitled to due process. Either post something that makes sense or go away.

109 posted on 05/03/2012 9:20:49 AM PDT by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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To: 3rdcoastislander
Those thoughts occurred to me as well.
110 posted on 05/03/2012 9:25:26 AM PDT by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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To: E. Pluribus Unum
So a druggie buy some drugs at a flophouse, passes out, and gets swept up with the rest of the trash?

You can read right? He was a student buying drugs for personal consumption and the DEA wasn't even going to charge him with anything and then they forgot him in a cell for five days (they acknowledged it so its not a he-said-she-said thing.) You don't have to be outraged but this is a constitutional violation of the 8th and 10th amendments.

Though I imagine if he had been accidentally shot by the DEA, you would have said exactly the same. You know, let the Federal Govt. abuse its powers as much it wants as long as they agree with us right?
111 posted on 05/03/2012 9:30:05 AM PDT by kroll
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To: A Strict Constructionist
3. You don’t believe in the Constitution?

Well duh. The Constitution is the last word on all issues we agree on. When we don't its just a random jumble of letters! Death to the "junkies"!
\sarc
112 posted on 05/03/2012 9:35:58 AM PDT by kroll
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To: geologist

“So it is good to bring this incident to the public’s attention. It is the way to get out any information as to the poor operations in some departments. “

I agree. I just didn’t like the way the media presented this.


113 posted on 05/03/2012 9:46:44 AM PDT by EQAndyBuzz (Would you rather eat dog food or cat food? Guess it's Romney 2012.)
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To: TexasFreeper2009

I agree with you.


114 posted on 05/03/2012 9:54:01 AM PDT by windcliff
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To: Shane

Why did we have to pass a Constitutional Amendmend to ban alcohol, but some executive orders and some bills through congress and Presto Bingo there is an out and out war on drugs that was never oficcially declared an actual “War”.

Because since the early 1900’s the constitution has been watered down so much it is almost meaningless....

They had to use a constiutional amendment BECAUSE they simply couldn’t have passed a bill through congress and got the president’s signature BECAUSE the “War on Drugs” is inherently Un-constitutional as it is an abuse of federal power in relation to the average citizen.

It was only through the twisted liberal logic of a “welfare state” that they were able to justify the “War on Drugs” for the “Good of Society” since the progessive playbook was to make Government “responsible” for the “good of society”.


115 posted on 05/03/2012 10:15:26 AM PDT by GraceG
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To: GraceG

Also forgot to mention that I think that if states want to ban drugs in the same way they have “dry counties” and “dry states” then by all means it is up to the states to do so.


116 posted on 05/03/2012 10:17:00 AM PDT by GraceG
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To: Shane
Not condoning having been forgotten or whatever in a cell, but try this scenario:

Broken glass and meth came from him shoving his stash and his glass pipe in bum, then trying to eat the evidence later. Sounds a lot more plausible than some white powdery substance "hanging out" in a cell, and accidently ingesting broken glass.

117 posted on 05/03/2012 11:09:03 AM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: E. Pluribus Unum

Why don’t you feel outraged? Because there’s something wrong with you ? Something broken inside?

Probably...


118 posted on 05/03/2012 12:29:32 PM PDT by Sir_Ed
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To: frithguild
$500,000 is about right

That's not enough.

119 posted on 05/03/2012 12:38:45 PM PDT by old and tired
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To: rawhide

When I heard of this case there was only one question that neede to be asked in court. How much does he want? Give him a blank cheque.


120 posted on 05/03/2012 12:39:49 PM PDT by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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To: Venturer
This was no accident. He pissed some cop off somewhere down the line.

It had to have been an accident. Otherwise, it was attempted murder, pure and simple.

121 posted on 05/03/2012 12:41:35 PM PDT by old and tired
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To: old and tired

Actually a man in good health will not die in 5 days.

I believe they knew where he was. I cannot imagine a cell block in this day and age that is not under camera surveilance or someone does not visit it for that stretch of time.


122 posted on 05/03/2012 12:48:23 PM PDT by Venturer
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To: E. Pluribus Unum
I simply don't care about druggies.

You simply don't get it. This has nothing to do with 'druggies,' and everything to do with a horrendous abuse of power by Federal (and local) government officials.

I don't care if it was intentional or if the people involved were simply incompetent - locking someone away for four days without food, water, or toilet facilities is not someting we can tolerate from the government. Every American should care about that. Certainly every Freeper should care about this - locking someone away without food, water or toilet facilities is about as far from the principles of freedom and limited government as you can get.

123 posted on 05/03/2012 2:05:38 PM PDT by Conscience of a Conservative
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To: rawhide
Perhaps you missed the part about kidney failure. The 20 year old will be on dialysis for the rest of his shortened life.

My only issue with this is that he is not able to personally sue the individuals involved and have the thugs with badges loose their pensions.

124 posted on 05/03/2012 2:23:51 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: thesearethetimes...

Did the DEA place the powdery material in his cell for him to ingest...gives a positive test....mitigates against him being a good guy. The DEA seems to be one big clusterf... after another. Chong should own the DEA after this. They are out of control.


125 posted on 05/03/2012 3:22:20 PM PDT by Texas Songwriter (Ia)
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To: Eagle of Liberty
Excessive? They FORGOT about him.

I suppose the next thing to ask is how many like him came before? How many went, not 4 days, but 7 or 8 or l0? If they are that forgetful should they be allowed to keep the keys to the cell? Who is checking on these people each day? Where are those records kept? Has the DEA ever opened up the door to find only a skeleton? Do they feed prisoners? Do they check if prisoners committed suicide (more common than you might think)? Do they forget about diabetics or heart patients who need medicine, perhaps several times a day.

I am reminded of Hildabeast when asked about finding the lost Rose Law Firms records...her reply...."Coulda, woulda, shoulda,...lets move on."

They forgot,...my ass.

126 posted on 05/03/2012 3:32:40 PM PDT by Texas Songwriter (Ia)
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To: E. Pluribus Unum

“Why I don’t feel outraged?”

I guess because your government torturing its citizens on your behalf is not outrageous to you? Or maybe not outrageous, so long as they are citizens that you deem less worthy of constitutional protections than others?


127 posted on 05/03/2012 3:43:55 PM PDT by Boogieman
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To: EQAndyBuzz

“While 4 days in a cell without water, food or toilet is excessive, this is a healthy 23 year old and he was not beaten, tortured or denigrated in any way by his captors.”

Sorry, but 4 days without food and water IS torture.


128 posted on 05/03/2012 3:51:57 PM PDT by Boogieman
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To: Shane
Let's back up; Your first post was: When Barack Obama signed the National Defense Authorization Act, due process became a thing of the past.

Since Bush signed the same law first, due process was lost at that time, thus it was already a thing of the past when Obama renewed the law.

129 posted on 05/03/2012 4:00:42 PM PDT by Michael.SF. (When you hear hooves, think horses, not zebras.)
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To: E. Pluribus Unum

“If you want to end the war on drugs and cut the statist war on drugs off at the knees, stop doing drugs.
.....
It’s been a hundred years since the passage of the Harrison Narcotics Act, and drug abuse rate is the same now as it was then.”

You admit two sentences later that drug abuse is pretty much constant, no matter what we do. Obviously, if people will never “stop doing drugs”, then your solution to the statist drug war is a utopian fantasy. It’s no saner than when lefties state that Communism will work great, if we just try it one more time.


130 posted on 05/03/2012 4:11:44 PM PDT by Boogieman
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Comment #131 Removed by Moderator

To: rmlew

Perhaps you missed the part about kidney failure. The 20 year old will be on dialysis for the rest of his shortened life.


Yup. Hooked up to a machine 7-8 hours a day 3-4 days a week for the rest of his life. And some in here consider that fair punishment for his crime,,,a crime he was never charged with in the first place. The ones who think what they did to him is no big deal are the sort of folks that would have been happy running a gulag in the USSR.


132 posted on 05/03/2012 5:11:36 PM PDT by chessplayer
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To: old and tired
That's not enough

I would not argue too much with that if there was permanent bodily injury.

133 posted on 05/03/2012 5:53:39 PM PDT by frithguild (You can call me Snippy the Anti-Freeper)
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To: chessplayer
The 20 year old will be on dialysis for the rest of his shortened life Where has this been established?
134 posted on 05/03/2012 6:01:06 PM PDT by frithguild (You can call me Snippy the Anti-Freeper)
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To: Michael.SF.
Just what the hell is you point? You are making a fool of yourself. The law was not simply renewed, it was substantially enhanced to the detriment of our citizens. You are nit picking, while others are more concerned with the posted issue of improper detention. Please just go away with your foolish comments.
135 posted on 05/04/2012 3:21:35 AM PDT by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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To: Shane
Your lack of recognizing the error you made in the first post demonstrates an astounding inability to grasp the fact of the error you made.

I will go away as when one argues with a fool, others will not know the difference.

136 posted on 05/04/2012 3:54:02 AM PDT by Michael.SF. (When you hear hooves, think horses, not zebras.)
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To: Michael.SF.

Yes, PLEASE just go away!


137 posted on 05/04/2012 4:04:44 AM PDT by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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