In some cases it is clear. If a death happens during the commission of a crime, an autopsy is ordered so that it may be used as evidence in a potential trial.
But when a death does not appear to be connected to criminal activity or is unattended - a death where a person is not under a doctor’s care - justices of the peace have discretion as to when to order an autopsy.
Each time a justice of the peace is called out to a dead body, an inquest into the manner of death is conducted.
The justice of the peace consults with any family members, witnesses, doctors or law enforcement who may be familiar with the circumstances leading up to the person’s death.
The inquest helps a justice of the peace determine whether it is appropriate for him to rule on manner of death or if an autopsy must be ordered.
Six Bell County justices of the peace attended a meeting this week to share ideas about when it may be appropriate to save taxpayer money by not ordering an autopsy.
During the meeting, Justice of the Peace David Barfield, Precinct 3, spoke about a recent inquest he was involved in where he did not order an autopsy.
In mid-May, a 21-year-old Belton man died at Scott & White Memorial Hospital a few days after his body was pulled from the waters of Lake Belton at Temple Lake Park.
Through interviews with family members and witnesses at the scene of the accident, Barfield said he was able to determine that the man who drowned had not been drinking alcohol and that when he went under the water, he had not been forced or hit.
Barfield said he learned from several people that the man was a weak swimmer who drowned simply because he accidentally waded into water that was too deep for him.
Confident that the man died of an accidental drowning, Barfield did not order an autopsy.
While the law allows each justice of the peace some discretion for ruling on cause of death, there seemed to be consensus among Bell County justices of the peace this week that, in many cases, single vehicle accidents where a death occurs may not require autopsies.
“Our standard procedure was if there was a question of cause of death, unless it was natural consequences or a doctor signed off on it, we ordered an autopsy,” said Garland Potvin, Precinct 4.
In most single-car accidents, the cause of death is clear but there is usually a question of whether drugs or alcohol may have contributed to the crash.
Justices of the peace agreed, in these cases, to have blood from the accident victim drawn and tested rather than order an expensive autopsy.
The Southwestern Institute of Forensic Sciences, in Dallas County, does each autopsy for Bell County for $2,173.
Knowing when to order an autopsy in the case of a suicide is more complicated.
Even when there is a note and it appears a clear case of suicide, things can change later.
“I can tell you, those suicides scare me,” said Bill Cooke, Precinct 4.
District Attorney Henry Garza told justices of the peace “if there is a question or hesitation in your mind, err on the side of caution.”
Justices of the peace in Bell County want to avoid a similar situation as the one that has unfolded in McLennan County since April 2006.
In a case out of Hewitt, police responded to a suicide call for Kari Baker, the wife of a former Baptist minister.
A justice of the peace spoke to an officer on the telephone, who said it appeared a clear cut suicide from sleeping pills. An autopsy was not ordered at the time, but Ms. Baker’s body was later exhumed for an autopsy.
Ms. Baker’s husband, Matt, has since been charged with murder in connection with his wife’s death in a case that has drawn national attention, but is still pending.
“My fear, and your fear too, is, ‘oops, we should have done an autopsy,’” Cooke said to his fellow justices of the peace on Monday.
The ordering of autopsies became a budgeting concern in the county after justices of the peace ordered 196 autopsies at a total cost of $399,300 during the 2007 fiscal year.
It marked an increase of more $100,000 in autopsy costs from the previous year, which is more than the increases of the six previous years combined.
“You can always second-guess, but at the time we make an inquest we make the best call that we can,” said Ted Duffield, Precinct 1. “We work really close with law enforcement to help make a determination (about whether an autopsy is necessary).”
