The embattled San Diego County Sheriff’s Department is facing another lawsuit over its policy and procedures that allegedly led to a woman’s death.

Irma Espinoza, 43, died after three days lying in a water-filled ditch. A welfare check was called 72 hours prior to that but took no action.

Last July, while walking his dogs, Richard Quinones saw Espinoza sitting by a drainage ditch along Main Street at Mount Vernon in Lemon Grove. He called for help, but, according to Quinones, the responding sheriff’s deputy came and went without ever leaving her car.

Three days later, he found Espinoza in the same place and was near death.

“Water was up to here, so she was barely breathing. Everything else was all submerged,” Quinones said.

According to the lawsuit filed on Dec. 30, Espinoza was covered in ants, had several bruises on her body and was naked below the waist. Sheriff’s deputies and EMTs responded and then freed her from the ditch.

She suffered cardiac arrest, and CPR was performed. Espinoza was revived and then transferred to Sharp Grossmont Hospital, where she later died.                   

The San Diego County Sheriff’s department is investigating one of it’s own deputies, for her response to a welfare check on a woman found in a Lemon Grove ditch. NBC 7’s Dave Summers reports.

“She was a loving person. She was a caring person,” Espinoza’s daughter Alana Williams said.

Family members filed a complaint through the Citizens Law Enforcement Review Board. NBC 7 was told the deputy involved was in administrative duties and being investigated.

According to the lawsuit, the sheriff’s department isn’t being sued for failing to act in this case because that’s up to the deputy’s prerogative. The department is being sued for allegedly intimidating or discouraging the reporting person, and, as a result, Espinoza ended up dead.

“What we have here is a callousness. Troubling to say the very, very least,” said attorney Gene Iredale, who represents the family.

When Quinones called a second time for a welfare check soon after the initial call, the response wasn’t what he expected.

“He was scolded by the sheriff’s deputy who told him, ‘Get used to it. There are a lot of homeless people. Just get used to it. Stop bothering us. Don’t call anymore,’ or words to that affect,” Iredale said.

The lawsuit alleges: “Mr. Quinones felt intimidated by the call and believed he would get in trouble if he called for help again, creating a danger and causing Ms. Espinoza to suffer needlessly for days.”

“She lied about the true facts in order to prevent this woman from getting help,” Iredale said.

A sheriff’s department spokesperson says the county can’t comment on pending court cases.

Family members feel betrayed by a system they expected was watching out for Espinoza.

“I just want justice for her. I still want answers” Williams said.

The Citizens Law Enforcement Review Board is also investigating this complaint.