FORSYTH, Ga. — Monroe County settled a $5 million lawsuit with the family of a man who died in jail.
The family's attorney says the county settled for $1 million plus more than $10,000 in funeral expenses.
A GBI autopsy lists 40-year-old Josh Marshall's death as homicide.
They say the cause is neck compression and prone position constraint caused by his fight with officers.
The District Attorney's Office this week released the video on Josh Marshall's final moments, including a fight with deputies and a deputy holding Marshall in a 1 minute and 35 second chokehold.
We want to warn you: The video is disturbing.
Why we're reporting on the video
For the past year, 13WMAZ's Ashlyn Webb has reported on challenges faced by law enforcement responding to mental health crises and on the lack of resources to help Georgians in trouble.
After careful review, we are showing parts of the jail video so you can see for yourself how three Monroe County deputies responded to such a crisis with fatal consequences.
It also helps to show why Monroe County agreed to pay Marshall's family to settle their lawsuit.
We've talked about how jails must act almost as mental-health hospitals. District Attorney Jonathan Adams says Josh Marshall's death is "a terrible testimony to the state of mental health treatment."
Adams concluded in July 2020 that the three deputies in this video acted lawfully and would not face criminal charges.
What happened before Marshall was taken to jail
Marshall was arrested on a battery charge on January 15, 2020.
13WMAZ obtained a copy of the incident report from Monroe County Sheriff's Office.
The report states Mark Marshall called the Sheriff's Office saying his son, Josh, attacked him and hit him with a fist in the face. The report says Josh was suffering a schizophrenic episode, and he had run out of medication.
Mark Marshall told 911 dispatch that he was hiding in the woods until deputies arrived.
Mark told 13WMAZ Wednesday that he called the Sheriff's Office so his son could get treatment at a mental health facility.
A Monroe County incident report says deputies called River Edge Behavioral Health. The report says they couldn't admit him because he was unmedicated and violent. The report says River Edge didn't have the medication needed to sedate him.
Deputies then arrested Marshall on a family violence battery charge for "striking his father in the face multiple times."
What the video shows
The video begins with a deputy walking Josh Marshall into the jail booking office at 9:07 p.m. on a battery charge. The deputy pats him down and places him in a holding cell.
But about 9:17 p.m., he begins punching himself. His schizophrenic episode then progresses to him aggressively slapping himself repeatedly.
This continues for about a minute.
A deputy checks on him, takes away his food and says they'll be back with a sandwich.
This is where we don't have video. The sheriff's office says they let Marshall out of the cell to walk around unhandcuffed.
The video picks back up. It shows Marshall pacing and speaking to deputies.
Then, he starts yelling.
We see three deputies try to persuade Josh to return to the cell. He refuses.
The three surround him while Marshall yells for seven minutes.
Then, Marshall lunges at a deputy but doesn't touch him. The deputy shoves him back.
Video shows the deputies counting down before attempting to restrain Marshall. Marshall then begins punching at least two deputies in the head.
One deputy puts him in a chokehold, but he pushes the deputies off. They struggle for about two minutes and twenty seconds--going in and out of the camera frame.
Marshall continues punching deputies.
Then, they get him in a second chokehold and tase him at least twice. Deputies force him to the ground, maintaining the chokehold for a minute and 35 seconds.
At this point, deputies handcuff him. Then, the deputies high-five each other over Marshall, who's not moving.
We've decided not to show the rest of this video which shows Marshall unconscious and motionless. Seven minutes after the choke hold, deputies try to resuscitate him.
They push Marshall up in a sitting position, tap his body and splash water in his face.
Josh Marshall was pronounced dead at Monroe County Hospital.
Sheriff Brad Freeman says Monroe County's policy bans choke holds unless a deputy's life is in danger. Freeman said by phone Wednesday those deputies' lives were in danger.
Again, District Attorney Jonathan Adams says deputies acted lawfully.
Both the sheriff and the DA declined to speak to 13WMAZ on camera.
Freeman says none of the deputies received disciplinary action, and they have all left the department voluntarily.
Part of the county's settlement with Marshall's family includes a meeting with Sheriff Brad Freeman, according to the document. Marshall's lawyer, Jimmy Jordan, says Mark Marshall plans to discuss better training for deputies on how to respond to people with mental illnesses. So far, the county has not set a date for that meeting, Jordan says.