A former Bi-State Justice Building nurse accused of manslaughter in the 2016 death of a 20-year-old diabetic inmate pleaded not guilty Tuesday morning at a hearing in Miller County.
Prosecuting Attorney Stephanie Black amended the charge in August against licensed vocational nurse Brittany Danae Johnson, 27, to felony manslaughter. Brittany Johnson was initially charged with misdemeanor negligent homicide in the months following the July 1, 2016, death of Morgan Angerbauer.
Brittany Johnson made her first court appearance Tuesday on the amended charge before Circuit Judge Kirk Johnson. With the help of Texarkana lawyer Jeff Harrelson, Brittany Johnson entered a not guilty plea to felony manslaughter.
Judge Johnson addressed a motion Harrelson recently filed in the case asking the state to specifically outline how it alleges Brittany Johnson's conduct meets the elements of felony manslaughter. Harrelson said he has discussed the matter with Deputy Prosecuting Attorney David Cotton and expects the state will provide the information requested.
"I still don't have a report from your expert," Black said, referring to an expert report the defense may rely on at Brittany Johnson's upcoming jury trial.
Harrelson said he will make the report available soon.
The Texas Board of Nursing temporarily suspended Brittany Johnson's license Oct. 7, 2016, after making a finding that she "constitutes a continuing and imminent threat to public welfare," according to documents available on the board's website. Brittany Johnson signed a voluntary surrender of her license again Feb. 7 and cannot petition for reinstatement for one year. The orders on file with the nursing board refer to Angerbauer's death as cause for the disciplinary action.
Angerbauer allegedly banged on her cell door for hours the night of June 30, 2016, and into the early hours of July 1, 2016. Angerbauer allegedly asked Brittany Johnson to check her sugar around 5:15 p.m. June 30, but Brittany Johnson allegedly refused, telling Angerbauer that staff, not detainees, decide when medical attention occurs, according to a probable-cause affidavit used to create the following account.
"Shortly after 5 p.m., according to Johnson, she walked past the medical observation cell where Angerbauer was housed on her way to other segregation cells," the affidavit states. "Johnson openly admitted that Angerbauer told her she was ready to go to medical at that time. Johnson also admitted that she was fully aware of the severity of Angerbauer's medical diabetic situation, but rather than treat her, she told her that 'things don't work that way. If you miss your medical call, you have to wait until it's time for your next medical call.' Johnson told investigators that if she allowed all offenders to do that, she'd never get anything done," the affidavit states.
Angerbauer was arrested June 28, 2016, on a motion to revoke probation filed in Miller County alleging administrative violations such as failure to complete court-ordered programs. Glucose testing in the downtown Texarkana jail in the days before her death repeatedly showed high readings.
Jail trusties allegedly noticed Angerbauer unconscious on the floor of her cell, a medical observation space just 20 feet from the nurse's station, about 4 a.m. July 1, 2016. Brittany Johnson was allegedly unable to obtain a numerical reading using blood sugar testing equipment and misinterpreted a reading as an error rather than as indicative of a dangerously high sugar level.
Brittany Johnson administered glucose, or pure sugar, as Angerbauer allegedly slipped deeper into unconsciousness. A medical examiner's report puts Angerbauer's sugar level at 813. A normal blood sugar range is 70 to 110.
If convicted of manslaughter, Brittany Johnson faces three to 10 years in prison and a fine up to $10,000. Jury selection is scheduled to begin Nov. 27 at the Miller County courthouse.