in custody

Oscar Adolfo Lester Umul Xicay Dies After Assault in Elmwood Correctional Facility

Milpitas, CA – 23-year-old Oscar Adolfo Lester Umul Xicay has died at the Elmwood Correctional Facility in Milpitas after sustaining injuries from an assault by three other inmates, according to a report from the Santa Clara County Sheriff’s Office. The incident occurred on January 27, 2025.

Details of the Incident

Authorities stated that Xicay was targeted by multiple gang members that mistakenly identified him as a member of a rival gang. Custody staff intervened quickly, and the injured inmate was transported to a hospital for treatment. Despite medical efforts, the inmate died from their injuries several days later.

The Santa Clara County Medical Examiner-Coroner’s Office will perform an autopsy to determine the exact cause of death. The Santa Clara County Sheriff’s Office Homicide Unit is investigating the circumstances of the assault.

Ongoing Concerns About Jail Safety in Santa Clara County

This death raises concerns about inmate safety within the Santa Clara County jail system, which has faced scrutiny in recent years over staffing shortages, inadequate supervision, and prior reports of violence within facilities. A 2022 Department of Justice report identified issues with safety conditions in local jails, emphasizing the need for better monitoring and protection for inmates.

Data from the California Department of Justice shows that inmate deaths due to violence remain a persistent issue in county jails statewide. In cases where detention facilities fail to prevent foreseeable harm, the families of deceased inmates may have legal grounds to pursue a wrongful death claim under California law.

Legal Rights of Families in Inmate Death Cases

Under California law (Government Code § 845.6), jails must ensure that incarcerated individuals are provided with adequate protection and medical care. If a facility fails to prevent foreseeable harm, families of the deceased may have the right to seek justice through a civil lawsuit.

The Sehat Law Firm specializes in wrongful death and civil rights cases involving jail neglect, excessive force, and preventable inmate deaths. Our experienced attorneys fight for accountability and justice for families affected by jail violence and negligence.

Seeking Accountability for In Custody Deaths

How can our firm assist with an investigation? Should you decide to consult with our firm, our investigation typically includes some or all the following investigative activities

  • obtaining and reviewing medical records, autopsy reports and blood toxicology screening reports
  • requesting a Public Records Request Act for documents and evidence for locating and interviewing critical witnesses to an incident
  • subpoenaing third party entities if our firm is retained and a lawsuit is initiated
  • securing surveillance video evidence, and at minimum, placing the jail entity on notice to preserve potential video and tangible evidence of an incident.
  • hiring private investigators who can help track down witnesses and/or obtain further evidence to help your case.

What should I know if I want to file a wrongful death lawsuit?

We at the Sehat Law Firm wish to extend our condolences to the family of Oscar Adolfo Lester Umul Xicay.

Contact our experienced Civil Rights lawyers so we can analyze all your options and hear the specifics of your case. We will also assess your loved one’s history with the jail facility they were treated at. Having as much documentation and physical evidence as possible will help prove your wrongful death case so our attorneys can examine them and help bring you and your loved one justice.

If you or a loved one has been impacted by police misconduct or an in-custody incident, contact The Sehat Law Firm at (949) 825-5200 for a free consultation, or complete the form at the bottom of this page to discuss your case with our legal team.

Legal Disclaimer: This article provides general information only and should not be considered legal or medical advice, nor does it create an attorney-client relationship. Laws vary, and any referenced here may not apply to your situation. This article was created from secondary sources and so may not be completely accurate. If you have any concerns, please contact us, and we’ll update or remove the post as needed.