Valparaiso family demanding changes after cancer patient dies in Porter County Jail

Gene Rush survived throat cancer, but he didn't survive a trip to the Porter County Jail over 4th of July weekend.

His family said jail staff failed to provide lifesaving medical care. 

A set of bandanas rests atop a box containing Gene's ashes at his home in Valparaiso. His widow, Kim, said he owned about 100 of them because he used them to cover the tracheostomy tube that he had been living with since he had his voice box removed due to cancer in 2003.

"He would place them around his neck because of his open stoma area," she said.

Kim and Gene's son, Brian, said he made a mission of giving back to the community after his cancer battle - doing motorcycle charity rides and mentoring AA participants.

"This last year, he started volunteering at the homeless shelter downtown here in Valparaiso," Brian said.

On July 2, Kim was worried when she found out Gene had been arrested for allegedly driving on a suspended license — because he had recently been having difficulties with his tracheostomy tube. So, she repeatedly called the jail to let them know.

"I advised them what his condition was. They were aware of it," she said.

She knew exactly who to call, because Kim worked at the Porter County Sheriff's Department for 30 years.

Because of the 4th of July holiday, Gene was going to have to wait several days to see a judge. So, Kim kept calling to check in on her husband and his breathing, knowing he didn't have the tools he usually uses to clean his tracheostomy tube.

One staff member admitted to her that Gene wasn't breathing well.

"He asked for somebody to come in and help him, because he couldn't breathe," she said.

According to an incident report, medics came to help Gene clean out his tracheostomy tube around 4:20 a.m. on July 4.

His family said that's when he should have been moved to the hospital, because when they checked on him three hours later, Gene was dead.

"My children should have their father, my grandchildren should have their grandfather, and I should have my husband, and I would have had my husband," Kim said. "I would have, with no doubt in my mind, had my husband if they would have called a ambulance for him."

A preliminary autopsy report said Gene's heart suddenly stopped beating because he couldn't get enough air due to a buildup of mucus.

"I believe that there's a lot of negligence," Brian said. "You have the right to medical care, and I feel like that was denied."

The Porter County Sheriff's Department said they're keeping Gene's family and friends in their prayers, but because the family is preparing a lawsuit, they would not be commenting further at this time.

Gene's family said they want the entire incident reviewed and policies to be changed.