9 Investigates: Charges may be filed in Orange County inmate's death

ORANGE COUNTY, Fla. — 9 Investigates found out the state attorney's office is deciding whether someone should be charged for a death at the Orange County Jail.

Channel 9 first started asking questions last August, when Max Gracia died four days after he was bitten by a police dog and taken to jail.

In November, his death was ruled a homicide, which raised concerns about his treatment.

Document: Report on Gracia's death

One month later, 9 Investigates uncovered questions about the nurses in the jail when he died.

A new report claims Gracia was so sick, other inmates had to drag him on the floor to move him from cell to cell.

Two nurses involved in Gracia's care still work at the jail. A third one resigned.

"If he did anything wrong, then that was between him and the court system. But he didn't get that opportunity," said the victim’s mother, Willine Gracia.

She said there was a single moment when she realized she wanted to take action against Orange County for what happened last August.

It came when she found out Dante Ball, who was an inmate at the jail, allegedly told investigators what happened the day before Gracia died.

According to the report, Ball said Gracia, “did not look well and he had to drag Gracia from cell 15 to cell 18 using a 'boat.’”

The report goes on to describe the 'boat' as some kind of body board.

It says that inmates put Gracia's body on one of the boards because he was too sick to walk around on his own.

The full report from the sheriff's investigation is under review at the state attorney's office.

"One of the things they're going to be looking at is, was there a total indifference by staff as to whether this person lived or died? And if so, does that rise to the level of criminal negligence to support a criminal charge?” said WFTV legal analyst Bill Sheaffer.

Gracia's mother said she already knows the answer.

"It's unfortunate, because the end result is so tragic and so irreversible. You know, we can't do anything about it. And that's what I live every day, is that my son is gone,” she said.

A county jail spokesperson declined to comment on accusations made in the report.

She said the county still anticipates litigation.

Cox Media Group