Anchorage Daily News

The estate of a man who died of alcohol poisoning in a sleep-off center has sued the group that ran it at the time, claiming the Anchorage Downtown Partnership was "negligent and reckless," according to a complaint filed in court.

Peter Murphy, 49, died of alcohol poisoning more than six hours after getting picked up by the Community Service Patrol, according to the suit filed by Eulalia Andrews, a woman with whom Murphy had a child and who now represents his estate.

Both sides agree that Murphy died Dec. 6, 2005, after going to the facility near the Brother Francis Shelter.

The suit says Murphy's blood-alcohol level when he arrived was .349, high but slightly below the .350 level that triggers transport to a hospital emergency room for treatment.

By the time he died 6 1/2 hours later, his blood alcohol had risen to .532, the suit says, an often fatal level.

The suit maintains the partnership "breached its contractually assumed duty to provide Mr. Murphy with protective custody" by not monitoring his condition and preventing him from getting more alcohol while in custody.

In its answer to the suit, the partnership says it is not liable for Murphy's death, which "was caused in whole or in part by the acts or omissions of Mr. Murphy and/or others for whom ADP is not responsible."

Andrews is seeking at least $100,000 in damages, according to the complaint.

When reached by phone in Emmonak, Andrews hung up without comment. Her lawyer, Richard Sutliff, did not return several phone calls seeking comment.

Becky Beck, executive director of the Anchorage Downtown Partnership, said she couldn't discuss the specifics of the suit, but said standard intake procedures include measuring blood-alcohol levels and vital signs of highly intoxicated people.

Shelter clients are laid out with mats and blankets in an open, heated room and checked every 30 minutes, Beck said. Those with high blood-alcohol levels are retested until their levels decrease, she said.

The partnership's filed response to the suit says Murphy was monitored in accordance with standard intake procedures but that his blood-alcohol level was not measured.

In a story published Dec. 14, 2005, Beck told the Daily News: "We do checks as effectively as possible but sometimes we are not able to do it every 30 minutes. ... I understand this is one of those nights where it didn't happen."

The municipality contracted with the Anchorage Downtown Partnership, a nonprofit whose goal is to improve downtown Anchorage, to manage the patrol until March 2006, when its contract expired and Purcell Security took over the operation.

The city investigated Murphy's death but has not released its findings. Municipal attorney Jim Reeves said the investigation, which began before he took the job, remains confidential because of federal regulations, though he wasn't sure exactly which ones.

The Community Service Patrol transports about 15,000 drunks to sleep-off centers each year, Beck said, with a group of about 250 repeat clients accounting for most of that number.

"Most of the people, if they were not picked up, would wind up passed out on a bench or in an alley without the care they need," Beck said.

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