Misty Upham's Family Says Fear of Police Led to Her "Accidental" Death; Cops Deny Misconduct

Family of late August: Osage County star also claims Auburn, Wash., officers refused to help offer to find missing daughter, a claim police also refute

By Rebecca Macatee Oct 23, 2014 3:59 PMTags
Misty Upham Jason LaVeris/FilmMagic

Misty Upham's family is, understandably, heartbroken over the death of the 32-year-old actress.

The August: Osage County star's body was found last week in Auburn, Wash., more than two weeks after she was reported missing, and while her official cause of death is still under investigation, the Auburn Police Department told E! News in a statement they have no reason to believe foul play was involved.

Misty's family, however, issued an official press release last week (posted to the late actress's Facebook page) alleging that police mistreatment caused her to "fear" the officers, and in an attempt to "hide" from the cops, she accidentally ran off the edge of a steep embankment, falling to her death.

The Auburn Police Department issued a statement to E! News Thursday, first denying Misty's family's claims that she had been mistreated. "Since July of 2013, the Auburn Police Department has responded to five separate incidents involving Ms. Upham," the statement read. "On four of those incidents, she was contacted by officers and she did not object to being transported by private ambulance for further evaluation. On the 5th incident, Misty had already left the residence and officers were unable to locate her. Each contact was handled professionally and with compassion, with the goal of getting Ms. Upham the attention and care she needed."

Misty's father, Charles Upham, claimed in the family's statement, however, his daughter "was afraid of the Auburn PD [officers] with good reason," alleging that in "an incident prior to her disappearance, the Auburn PD came to pick up Misty on an involuntary transport to the ER. She was cuffed and placed in a police car. Some of the [officers] began to taunt and tease her while she was in the car. Because it was dark they couldn't see that we, her family, were outside our apartment just across the street witnessing this behavior. They were tapping on the window making faces at her."

In response to this, though, the Auburn Police Department stated: "There have been no mistreatment complaints received by the Auburn Police Department from Ms. Upham, her family, MultiCare Auburn Medical Center, King County Sheriff's Office, Muckleshoot Indian Tribe or elected officials at the City of Auburn."

The police statement continued: "It has been inferred that she may have suffered a black eye at the hands of police, but that is not correct. Rather, included in a related written report, Ms. Upham stated that she had sustained a sprained ankle and black eye when she jumped out a two-story window."

The Auburn Police Department also responded to the Upham family's claims that they had "refused to help offer to find [Misty]", saying in a statement the police "did not ignore Ms. Upham's disappearance in this most recent episode," noting that "an active search and investigation commenced' on Oct. 6, when Misty was first reported missing.

This included, the statement said, Auburn Police and an assigned detective speaking with Misty's family and friends and "immediately follow(ing) up on all reports of her possible whereabouts" and attempting to use cellphone data to trace her whereabouts,. Also, the statement noted, "The Seattle Police Department also checked an address provided by family, that Ms. Upham and members of her family were known to frequent, all with no success."

The Auburn Police Department along with the King County Medical Examiner's Office "will continue to search for answers to unravel the mystery behind [Misty's] passing."

—Additional reporting by Lindsay Good