Lawsuit in Idaho prison death should bring about change | Opinion
They called Milo Warnock “hard-luck Milo” because of his seemingly terrible luck.
But based on a new lawsuit filed Tuesday, it wasn’t just bad luck that led to his death on Dec. 10, 2023, at the hands of James Johnson in an Idaho prison cell.
It was a series of poor decisions and bad management at the Idaho Department of Correction. Milo was a victim of one thing after another that put him in prison to begin with, then in G block with a bunch of hardened convicts and in a cell with a man with a violent history.
When that cellmate began beating Warnock, no one from the prison staff showed up to rescue him.
I’ve had the privilege of meeting Milo’s mother and father, Kathy and Mike Warnock, and Milo’s sister, Hallie Johnson, along with other members of his family since early 2024, when Mike reached out to me to tell Milo’s story.
It’s a heart-wrenching one.
Milo probably shouldn’t have been in prison to begin with. He was arrested for DUI with a blood alcohol content of 0.11. His last DUI had been 10 years prior.
I’m not one to diminish the significance of drunken driving. It selfishly and foolishly claims too many innocent lives. But Milo’s court case dragged on for two years during the pandemic, during which he rode a bike to work and passed every urinalysis in that time. He told the judge that he would gladly forfeit his license to continue providing for his family, which includes a son with autism.
Be that as it may, Judge Peter Barton sentenced him to prison for 10 years, with two years fixed.
Once in prison, he began “cheeking” his medication because it gave him insomnia. He requested to have his schedule changed, but he was making his requests on paper forms in drop boxes located around the prison.
He was never told when he was admitted that such requests were now electronic and that the paper forms were no longer being used.
When he was caught with his medication, according to the lawsuit, he was charged with possession of drugs and/or alcohol, just as someone caught with meth, marijuana or heroin would be charged.
That sent him to G block, which houses more violent, dangerous prisoners.
He was put in a cell with James Johnson, who, at age 31, 6-foot-2 and 220 pounds, was much younger and bigger than the 45-year-old, 5-foot-9 Milo.
We already knew that Milo had told corrections officials that he didn’t belong in G Block, and we already knew that he had requested to be moved from his cell with Johnson.
One new piece of information that’s in the lawsuit is that Johnson, himself, had requested to be moved from the cell with Milo, warning that something bad was going to happen.
Nobody listened. Nobody did anything.
And Milo was killed.
Milo’s killer pleaded guilty and was sentenced to 35 years to life in prison.
Milo’s sister, Hallie Johnson, is suing as the family representative on the grounds of cruel and unusual punishment and denial of due process.
The lawsuit names several IDOC officials and employees by name, including the warden at the Idaho State Correctional Center, shift commanders and guards, describing their actions as “reckless, willful, and wanton conduct.”
“The most basic expectation we should have for our incarcerated population is that they be kept safe,” Johnson wrote to the Statesman in an email. “The state sends people to prison to hold them accountable for their actions. When the state fails in this most basic expectation, it too, should be held accountable. The level of disregard my brother suffered at the hands of prison employees is inexcusable.
“The only acceptable number of murders at the Idaho Department of Correction is zero.”
The lawsuit seeks unspecified monetary damages to be determined at a jury trial.
I think there’s enough here for the lawsuit to be successful to some degree, and perhaps a monetary award could provide for Milo’s surviving son.
But perhaps more importantly, a full jury trial would bring out flaws in the system and bring about changes.
That, more than anything, would be a fitting tribute to Milo Warnock.
Scott McIntosh is the opinion editor of the Idaho Statesman. You can email him at smcintosh@idahostatesman.com or call him at 208-377-6202. Sign up for the free weekly email newsletter The Idaho Way.
