Stephen Fossett Legal Recap and Update 

Stephen Fossett’s 20-year struggle with schizophrenia ended on May 25, 2024, when he was killed in Bibb County Jail. The subsequent investigation into his death by the Georgia Bureau of Investigation determined that Fossett’s death was a homicide. As a result, his family has hired wrongful death attorney Nathan Fitzpatrick to represent them in court. 

There are many pieces of this case that are puzzling, to say the least. First off, although Fossett died in May 2024, district attorney Anita Howard wasn’t made aware of his situation for at least four months. During this time, his family kept appealing to Bibb County Jail officials to release the footage. However, it would take until February 2025 for the family to get any answers. 

Howard made the decision to show the family and their attorneys the videotaped footage. Furthermore, she stated that she had to hear about the Fossett case from the news, rather than directly from Bibb County Jail officials. Although the video hasn’t been released publicly, it showed what really happened on that day in May. 

Before we get into that, though, let’s backtrack to why Fossett was in custody in the first place. Tiffany Fossett, Stephen’s sister, characterized it this way: “My brother did not deserve to die. My brother had a trespassing charge. You can go into a store and get a trespassing charge ... that is not a death sentence.”

Trespassing charges are all too common for people with mental health struggles. Per the Bibb County Jail’s incident report, Fossett became uncooperative with guards and was unable to be restrained, even with several attempts. The report further shows that guards believed Fossett was “spazzing out,” so they exerted their full body weight against him, along with tasing him.  

“My brother had a trespassing charge… that is not a death sentence.” – Tiffany Fossett

This was the story that his family was told, but they weren’t willing to accept it at face value. Finally, in February 2025, they reviewed the video with their attorneys, Nathan Fitzpatrick and Mawuli Davis. Rather than seeing guards taking necessary action, they instead viewed what the Georgia Bureau of Investigation deemed a homicide. 

Civil rights attorney Davis indicated that Fossett should never have been held in the general population. “…it is our understanding there’s a relationship with the mental hospital here in Macon where he should have gone, once arrested, into a mental health facility to be stabilized versus just being thrown into the jail without any treatment,” Davis said. 

Fossett’s mother, Paula Platt, said, “Even when he was out and having his crisis, he would always say ‘Mama I’m okay because I prayed. He would always come in and the first thing he would do, he would open the door and say ‘y’all okay and I love you.’ I miss him so much.” She went on to say he “was extremely quiet” and “he prayed a lot.” 

Per the video, Fossett appeared to be in medical distress. He sat unattended in a shower, but didn’t have the water turned on. A deputy finally noticed, and he and others brought a stretcher into the shower room. Next, they placed Fossett on the stretcher and removed him from the general population. Throughout this period, Fossett never once engaged with officers. 

“Even when he was out and having his crisis, he would always say ‘Mama I’m okay because I prayed.’ ... I miss him so much.” – Paula Platt

Deputies transported Fossett to the infirmary, where a nurse attempted to administer Narcan. Despite one deputy and another nurse telling her not to administer it, she continued to try anyway. On her second attempt, Fossett swung his hands in a forceful manner. Next, he turned to using the “swing and snatch away” method, which prevented nurses from restraining him. 

One of the deputies got a hand on Fossett but then lost his grip. Subsequently, two deputies used tasers on him, but they didn’t have the desired effect. Instead, Fossett made his way to a locker area, where he continued to struggle with deputies. At this point, Fossett was tased for a third time, which dramatically slowed his movements down. 

Seven deputies got on top of Fossett, then put him in handcuffs. A nurse stated she’d give him Narcan to help him calm down, but he vomited instead. Fossett was placed on a stretcher, where the incident report says a deputy “noticed Fossett’s eyes rolled up and his breathing stop.” It was at this point that two deputies tried to resuscitate Fossett, but it was too late. Atrium Health announced Fossett’s death at 2:32 p.m. 

Davis relayed her thoughts about the video: “They’re cussing him, calling him all kinds of names. He is struggling to be able to even communicate anything at all. It’s just an absolute barbaric scene.” Although it was ultimately determined that a taser killed him, it’s difficult not to think of other similar situations such as George Floyd and Eric Garner. In each instance, a Black man was overpowered by officers and held down until they died. 

There were many moments displayed in the video that made Fossett’s struggle even worse. For instance, nurses on hand never checked his vitals or pulse. Plus, staff members didn’t even look at Fossett until it was too late. Instead, they were focused on their computers. Per Davis, “That’s one of the reasons that we believe this video has not been released to the public, and that is the sheriff’s decision.” 

Another thing that was revealed for the first time in the video was that Fossett was tased a total of three times, rather than once, as Bibb County Jail officials previously stated. Bibb County Jail officials further stated that the taser didn’t affect Fossett. However, according to the Georgia Bureau of Investigation, it was one of three tases that ultimately killed him.

“They’re cussing him, calling him all kinds of names... It’s just an absolute barbaric scene.” – Mawuli Davis

What if Fossett had been taken to a mental health facility rather than jail? It’s impossible to say for certain what would have happened, but it seems likely that staff members would have had a much better understanding of what Fossett was going through. The way he is depicted in the video brings up the question of whether he was in the midst of a schizophrenic episode. 

Although the nurse tried to administer Narcon to Stephen Fossett, which rapidly reverses an overdose by opioids, overdose wasn’t the case. Instead, he was having a schizophrenic episode, which is characterized by unusual symptoms such as disordered thinking, a loss of touch with reality, and emotional disturbances. Other symptoms include: 

• Inappropriate actions 
• Psychosis 
• Incoherent speech 

Schizophrenic episodes are believed to be caused by stressful life events such as abuse, financial difficulties, relationship issues, and bereavement. Being taken to jail would definitely be a stressful life event, which could have caused his symptoms and behavior. 

Instead of pouncing on Fossett, officers would likely have had much more luck if they’d prioritized dealing with a schizophrenic event. In part, this involves prioritizing safety and calm by doing things such as reassuring him, giving him space, and speaking slowly and clearly to him. Unfortunately, it isn’t apparent from the video footage that any of these things took place. 

Davis said that the Fossett case once again underscores how critical it is for officers to develop a better understanding of mental health issues. “Our position has been very clear through our advocacy: when you call the police to do a job you need a mental health crisis expert for, you are calling in real trouble. You have to have properly trained, properly equipped mental health experts who can assist in jail settings and in street settings.”

David further expounded: “Shame on us as a society, as Georgians, as Americans that we would continue to house those who need mental health support in jails where you house people who are really charged with crimes.” Plus, he referred to jails serving as “the largest mental health hospitals” in the nation. 

Platt added that “There’s so much stigma about mental health people, but they are some of the strongest people I know. When you can battle your mind 24 hours a day, and still get up the next day to fight, that’s an amazing person – and that’s who he was.”

As often happens, the legal process is moving slowly with this case. Ultimately, though, Fossett’s family hopes to win a wrongful death lawsuit against Bibb County Jail. Nathan Fitzpatrick, of the Fitzpatrick Firm, and civil rights attorney Mawuli Davis have dealt with time delays and uncooperative officers. Interestingly, Fitzpatrick doesn’t believe that officers produced the entire video, which makes one wonder what else happened in Bibb County Jail on that day in May 2024. 

“What’s done in the dark will always come to light.” – Nathan Fitzpatrick

In January 2025, Fitzpatrick told The Telegraph that “what’s done in the dark will always come to light. There is footage available, and we will look at the time stamps, we will look at the timeline and we will uncover everything that’s been available for us to recover, and we will get Stephen justice.”

Stay tuned to this blog for further updates regarding Stephen Fossett’s case.