The body of the 32-year-old actress, who has starred in films like 'August: Osage County', 'Jimmy P', 'Django Unchained' and 'Frozen River', was found on October 16 more than a week after she went missing, reported Ace Showbiz.
In a statement released on Facebook, her family explains that the actress fell to her death when trying to escape from police.
"We believe that Misty's death was accidental. She did not commit suicide. We believe she ran into the wooded area behind her apartment to hide from the police," her father Charles Upham wrote.
The family also shares in the lengthy post that Misty was afraid of police because she was mistreated when they took her to ER against her will.
"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," Charles said.
The family additionally said the police "refused to help offer to find or at least change her Missing status to 'Endangered' to allow other agencies to get involved."
Auburn Police Commander Steve Stocker said, "We do not have any evidence or information to believe there is foul play.
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