Before Abigail Simpson’s boyfriend murdered her in her St. Paul apartment, workers who were supposed to supervise him knew he’d been missing doses of his psychiatric medications for more than six months, her parents said in a lawsuit against Ramsey County and care providers.
The Ramsey County Board of Commissioners approved a $75,000 settlement Tuesday in the wrongful death lawsuit, which also named other entities and was settled in total for a larger amount. Terrion Sherman had been civilly committed as mentally ill, was released from a psychiatric facility and was supposed to be receiving services while living in the community.
Abigail Simpson (Courtesy of Simpson family)
“It was known to defendants and their employees that Sherman had a history of schizophrenia, psychosis, major depression, physical aggression, verbal aggression, and substance abuse disorder at the time of his admission,” Simpson’s parents’ lawsuit said. “It was also known to defendants and their employees that if Sherman did not take his medications, he could harm himself or someone else, including members of the public.”
Ramsey County said in the settlement agreement that it was not “an admission of liability or responsibility.”
Simpson, 21, was a graduate of West Bend High School in Wisconsin who was attending college classes full time in St. Paul with a plan of becoming an attorney.
Sherman, now 28, received a 40-year prison sentence last October for beating and stabbing Simpson in front of his 2-year-old nephew on Feb. 26, 2020, in Simpson’s Pierce Street apartment, south of Interstate 94 and west of Snelling Avenue. A judge called it “one of the most extreme and egregious murder cases” she’d ever encountered.
Lawsuit: County responsible for plan outside of hospital
Simpson’s parents filed a lawsuit in 2022 in Ramsey County District Court. Their attorneys, Brandon Vaughn and Rashanda Bruce, gave the following information in the complaint:
Sherman was charged on Aug. 11, 2018, with two counts of felony assault for allegedly spitting on law enforcement officers. He told them he wanted to go to the hospital because he was on K2, which is synthetic marijuana and can cause hallucinations.
Terrion Sherman (Courtesy of the Minnesota Department of Corrections)
On Aug. 20, 2018, Sherman was charged with two counts of robbery for allegedly punching two female store clerks and stealing items from a store.
On Oct. 1, 2018, after an evaluation, a judge found Sherman was mentally incompetent to stand trial for the charges. Two days later, the Ramsey County Attorney’s Office petitioned to have Sherman civilly committed as mentally ill and chemically dependent. After a hearing, a judge found him to be.
Sherman resided at the Minnesota Security Hospital in St. Peter while participating in a state program to restore competency. In March 2019, the Minnesota Department of Human Services sent notice that Sherman no longer required the same level of care and he would be “provisionally” released to a “customized living facility.” That happened in May 2019.
Ramsey County, as the county that civilly committed Sherman, was responsible for developing a provisional discharge plan for him and the county assigned him a social work case manager. They were required to review his plan quarterly and to include in the plan the grounds upon which his provisional discharge could be revoked, which included not taking medications as prescribed.
Missed days of medications
Sherman was to continue to work with and follow recommendations from Nystrom & Associates, which was his outpatient psychiatric provider, continue to take medications and not use drugs or alcohol.
Joyful Home, a licensed home health care agency, entered into an agreement with Ramsey County “to provide home and community-based services to Sherman,” the lawsuit said. They were to be paid for following Sherman’s discharge plan, including “administering Sherman’s daily antipsychotic and antidepressant medications as ordered, ensuring his attendance at psychiatry appointments, monitoring his behavior, monitoring his sleep, ensuring his meals, and reminding him about hygiene,” according to the lawsuit.
Joyful Home’s records showed that between July and December 2019, Sherman missed 47 days of his antipsychotic and antidepressant medications, and then an additional 29 days between January and February 2020.
According to Joyful Home, they notified Nystrom & Associates and Ramsey County that Sherman hadn’t been returning and had an increase of medication non-compliance.
“Upon information and belief, while residing at Joyful Home, Sherman used illegal drugs” and use of drugs would worsen his mental state, the lawsuit said.
On Feb. 14, 2020, the Ramsey County Attorney’s Office petitioned to have Sherman recommitted as mentally ill and chemically dependent, which a judge agreed to. He continued his provisional discharge at Joyful Home.
The court ordered that medications could be given to Sherman by injection and the lawsuit said that should have happened because of his “lack of compliance with his medications.”
‘Appeared delusional … but calm’
On Feb. 25, 2020, the day before Sherman killed Simpson, he left Joyful Home and said he was going to a nearby gas station but didn’t return. They called and told him he needed to take his medications. They noted he “appeared delusional and a little anxious, but calm at the same time,” the lawsuit said.
Sherman planned to stay overnight at Simpson’s apartment and asked to bring his nephew because they wanted to take him to breakfast the next morning. Police responded to the apartment early Feb. 26, 2020, after a neighbor reported hearing Sherman yelling at Simpson, Simpson screaming, “Stop,” and the sounds of Sherman “throwing (Simpson) around the apartment,” the lawsuit said.
Simpson’s mother filed a complaint with the Minnesota Department of Health about Joyful Home’s care of Sherman. An investigation concluded that “neglect was substantiated.”
The lawsuit alleged negligence against Joyful Homes, Nystrom & Associates and Ramsey County.
A county spokesman said Tuesday they generally don’t comment on litigation whether pending, ongoing or settled.
An attorney for Joyful Home Health Care LLC declined to comment on the lawsuit and an attorney for Nystrom & Associates didn’t respond to a message seeking comment.
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