Edgefield Police Chief Ronald Carter said the hospital let Joseph Williams, leave earlier this week despite knowing he faced pending felony arrest warrants involving two counts of sexual assault on a minor.
In June the Aiken County Sheriffs Office complained when a murder suspect recovering from gunshot wounds slipped out of the hospital without police being told.
Chief Carter said today that Mr. Williams, of Bausket Street, Edgefield, was about to be served Tuesday with the pending warrants when he was involved in a wreck near his home. Chief Carter said witnesses said Mr. Williams appeared to have driven his pickup head-on toward an oncoming tractor trailer. Mr. Williams was taken to MCG for treatment of chest pains, complications with a lung and a broken leg.
The affidavits had been turned over to the magistrate waiting to be signed when the wreck happened, the chief said. When he was transported, we notified MCG security, which they told us at the time that the hospital policy was they felt like it was a violation of the HIPAA (federal patient privacy) law to notify us when he was released.
The chief said Mr. Williams was accused of sexual assault involving two girls, now 14 and 15, over several years.
The chief added that an MCG security official told his department ... they would try to notify us when he was being released. This was coming from their police department. But he (the MCG security official) told me up front that most of the time the nursing staff will not notify them when somebody is being released. They wont even notify their own people. Its almost like its intentional.
Eventually, their policy is going to get somebody hurt or killed.
MCG Hospital officials have not returned phone messages left Thursday and today seeking their side of the story.
Chief Carter said the warrants for Mr. Williams arrest were signed by a judge within hours after the Tuesday wreck, but by Wednesday he said Mr. Williams had been released by the hospital, and Edgefield police werent notified.
Later that night, Aiken County authorities then got a call at a home on Retro Drive that led them to Mr. Williams.
Mr. Williams is the one who had actually called us. Evidently he had left the hospital a little too early, said Aiken County sheriffs Capt. Troy Elwell, adding that Mr. Williams was seeking medical treatment.
Capt. Elwell said his department quickly learned Mr. Williams was a wanted man and he was taken to the countys detention center on Wire Road, receiving medical care there instead of being taken back to MCG.
Capt. Elwell said its perplexing to see that another similar case has occurred.
Theres a clause in the HIPAA law that says law enforcement can be notified when charges are pending or charges are brought against, so I dont understand what the issue at hand is, he said. But theres definitely a problem.
In last months case, Alan Sheffield, the director of safety and security for the hospital, said in a statement that in general the hospital cant restrict the movement of a patient who hasnt been formally arrested. Mr. Sheffield said at the time that he would encourage police in such matters to make the appropriate arrest so that an officer may be positioned within the patients surroundings to ensure that their movements are appropriately confined and they do not depart the hospital prior to being medically discharged by a physician.
Chief Carter said his office doesnt have jurisdiction to provide guards at the Georgia hospital and would have had to call in Richmond County officers once the warrant was signed.
And we cant hardly request that Richmond County send a deputy over there and just wait pending our charges, he said. Thats unreasonable to ask of them, I think.
He said he also doesnt understand why the hospital cant simply notify law enforcement when patients with pending charges are released.
HIPAA protects somebodys rights as far as releasing their medical information, the chief said. And we were not requesting any medical information. The only thing we were requesting was please notify us when he is being released so we can arrange to have somebody over there to lock him up.