Topeka ? State and federal officials were unable to say this week what became of a man who was treated at Kansas University Hospital in 2006 after leaping from a window at the Wabaunsee County jail.

Officials with U.S. Immigration and Customs Enforcement confirmed Thursday that the man, Alberto Contreras Gonzalez, was never taken into their custody, even though that agency had issued a “detainer” for him, asking other law enforcement agencies to hold him so he could be transferred for possible deportation proceedings.

But as more details emerge about the the drama surrounding Contreras, hospital officials say they hope the recent Kansas Supreme Court decision in his case will give clearer guidance about who is responsible for paying the medical bills in such cases.

“If we could get clearer rules and regulations on this, it would save us a lot of time and money in legal fees,” said Dennis McCullough, director of public relations for KU Hospital in Kansas City, Kan.

Contreras was at the center of a Kansas Supreme Court ruling June 27 involving a dispute over who was responsible for the estimated $138,000 hospital bill he incurred after leaping from the fourth floor of the county courthouse in Alma.

Arrest and multiple transfers

The drama began March 1, 2006, when Contreras, who had several aliases, was stopped on Interstate 70 by the Kansas Highway Patrol and arrested on suspicion of possessing marijuana with intent to sell. Arrest records listed his address in Visalia, Calif., but his Mexican driver’s license showed an address in the city of Nogales in the Mexican state of Sonora.

His arrest record listed his first name as Alfredo and a home address in Nogales.

Shortly after being booked into the jail, Waubunsee County officials received an Immigration and Customs Enforcement, or ICE, detainer, requesting that ICE be given 48 hours’ notice before he was released so that immigration officials could pick him up. A box on that form was checked to indicate an investigation had been initiated to determine whether he was subject to removal from the United States.

Contreras was released from Wabaunsee County about a month later on a diversion agreement, and ICE never arrived to pick him up. He was then taken to Shawnee County to answer some outstanding warrants and eventually bonded out of jail in Topeka, even though ICE had again been notified.

Contreras then returned to Alma to pick up some personal belongings from the jail.

Wabaunsee County Attorney Norbert Marek said Contreras arrived with his sister and her fiance, but officials at the jail admitted only Contreras into the jail area, where they placed him in an unlocked room and told him to wait.

Marek said security video showed Contreras attempting to open the door, but the doorknob didn’t turn the regular way, which may have made it seem like he was locked in. Contreras then picked up a chair, broke the window, which had no bars or screening behind it, and jumped out.

The Supreme Court opinion noted that he suffered a broken hip, but Marek said the injuries were much more severe than that.

“His chest was ripped open and you could literally see his beating heart,” Marek said. “It was bad. I’m shocked that they saved him, but they did.”

Marek said Contreras’ sister ran outside and knelt down beside her brother, holding him and yelling in Spanish. A female jail officer followed and tried to stop the bleeding. The sister and her fiance were briefly handcuffed, but were later let go after emotions had calmed down.

While on the ground, Marek said, Contreras’ only words were, “Why I jump. Why I jump.”

He was flown by helicopter to KU hospital for treatment.

Litigation ensues

According to court records, Contreras was not under arrest when he reached the hospital, although officials forwarded the ICE detainer to KU police. No guard was placed outside his door.

Both KU police and Wabaunsee County officials tried numerous times to contact ICE about Contreras’ condition, but to no avail. By the time he was released, records indicate, ICE had sent a message that it had no interest in picking him up.

In addition to suing Wabaunsee County for the bill, KU Hospital also sued the federal government, both in U.S. District Court in Topeka as well as in the U.S. Court of Federal Claims in Washington. But both petitions were eventually dismissed.

Shaun Neudauer, a spokesman in ICE’s St. Paul, Minn., field office speculated that it was likely that federal officers lost interest after learning of his extensive injuries and medical bills.

“Why should the taxpayers of the United States pay the cost of his ongoing treatment and medical expenses?” Neudauer said.

In the end, the Kansas Supreme Court said KU Hospital would have to absorb the bill because Contreras was not legally in the county’s custody, either at the time of the injuries or during his stay at the hospital.

Hospital spokesman Dennis McCullough said that often happens with patients who have no insurance or other resources to pay for their bills. Last year alone, he said, uncompensated care provided by the hospital totaled more than $51 million.

In the end, the Kansas Supreme Court said KU Hospital would have to swallow the cost since Contreras was not legally in the custody of Wabaunsee County, KU Police or ICE when he incurred the expenses.