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Ryan holds degrees in multimedia journalism and Spanish from the University of Missouri.","avatar":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twitter":"ryan_levi","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"perspectives","roles":["administrator"]},{"site":"breakingnews","roles":["editor"]}],"headData":{"title":"Ryan Levi | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/rlevi"},"jlara":{"type":"authors","id":"11761","meta":{"index":"authors_1591205172","id":"11761","found":true},"name":"Juan Carlos Lara","firstName":"Juan Carlos","lastName":"Lara","slug":"jlara","email":"jlara@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":null,"avatar":"https://secure.gravatar.com/avatar/19e2052b9b05657c5ff2af2121846e9c?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"forum","roles":["editor"]},{"site":"liveblog","roles":["contributor"]}],"headData":{"title":"Juan Carlos Lara | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/19e2052b9b05657c5ff2af2121846e9c?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/19e2052b9b05657c5ff2af2121846e9c?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jlara"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11907746":{"type":"posts","id":"news_11907746","meta":{"index":"posts_1591205157","site":"news","id":"11907746","score":null,"sort":[1646952500000]},"guestAuthors":[],"slug":"black-and-brown-people-killed-in-police-custody-are-often-diagnosed-with-excited-delirium-thats-racism-and-junk-science-report-says","title":"Black and Brown People Killed in Police Custody Are Often Diagnosed With 'Excited Delirium.' That's Racism and Junk Science, Report Says","publishDate":1646952500,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A national physicians group is demanding an end to the use of the diagnosis \"excited delirium,\" calling it junk science that “cannot be disentangled from its racist and unscientific origins” in a \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">report released last week\u003c/a>.\u003c/p>\n\u003cp>\"Excited delirium\" is often used to describe a state of agitated confusion, often associated with drug use or mental illness, and sometimes with violent outbursts followed by an abrupt death.\u003c/p>\n\u003cp>But critics of the diagnosis say it has no clear or consistent definition, and the report’s authors note that it’s disproportionately applied to Black and brown men by law enforcement to explain sudden deaths in police custody.\u003c/p>\n\u003cp>The report, by \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">Physicians for Human Rights\u003c/a>, finds that, “When the diagnosis of ‘excited delirium’ has been advanced, it has almost always been by law enforcement and law-enforcement-affiliated organizations.”\u003c/p>\n\u003cp>Several medical professional groups, like the World Health Organization and the American Psychiatric Association, already don’t recognize the term.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Julia Sherwin, Oakland-based civil rights attorney and co-author of the report\"]'What's really important ... is the human impact that this junk science has. These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they've been ripped from their families.'[/pullquote]Last year, the American Medical Association \u003ca href=\"https://www.ama-assn.org/press-center/press-releases/new-ama-policy-opposes-excited-delirium-diagnosis\">declared its opposition to the diagnosis\u003c/a>. The association’s then-President-elect Gerald E. Harmon called it “a manifestation of systemic racism that has unnecessarily dangerous and deadly consequences for our Black and Brown patients.”\u003c/p>\n\u003cp>But its use remains prevalent nationwide. When Colorado police arrested Elijah McClain, \u003ca href=\"https://sentinelcolorado.com/news/metro/colorado-panel-issues-guidelines-for-injecting-ketamine/\">they invoked \"excited delirium,\" both to justify injecting him with ketamine and later to explain his death\u003c/a>. The defense team for Derek Chauvin — the Minnesota officer who murdered George Floyd — \u003ca href=\"https://apnews.com/article/death-of-george-floyd-health-george-floyd-minneapolis-thomas-lane-1c6776d265e6f3c09e32df7039e80720\">argued during Chauvin’s trial that Floyd was experiencing \"excited delirium\"\u003c/a> and tried to use that to justify Chauvin pressing his knee to Floyd’s neck for more than nine minutes.\u003c/p>\n\u003cp>The diagnosis also has been used to explain deaths in police custody in the Bay Area.\u003c/p>\n\u003cp>[aside postID=news_11887516 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/03/Feature_RS48144_023_SanFrancisco_RiseUpRally_03262021-qut-1020x680.jpg']Angelo Quinto’s family called the police to assist with a mental health crisis Quinto was experiencing in December 2020. Responding officers knelt on the Antioch man’s back, pinning him to the ground for what his family said was about five minutes. Quinto passed out, then died three days later.\u003c/p>\n\u003cp>Public outrage ensued, and community members called for justice for Quinto and for consequences for the responding officers. But in August 2021, a forensic pathologist hired by Contra Costa County named \"excited delirium\" as the cause of death, and the death was ruled an accident.\u003c/p>\n\u003cp>Dr. Vanja Douglas, a neurologist for UCSF, has worked for years with patients who experience delirium, mostly older people. He said he had never heard of the term \"excited delirium\" before reading the Physicians for Human Rights report.\u003c/p>\n\u003cp>Douglas said he was surprised to see delirium listed as a cause of death because it is a symptom of an underlying condition, not a condition in itself, and cannot be responsible for death. Instead, in a situation where a patient dies while delirious, the underlying condition would be the cause.\u003c/p>\n\u003cp>The Contra Costa County sheriff’s office, which houses the coroner’s office, directed questions from KQED about Angelo Quinto’s cause of death to the forensic pathologists involved who work as independent contractors for the county.\u003c/p>\n\u003cp>Dr. Ikechi Ogan, \u003ca href=\"https://www.eastbaytimes.com/2021/08/20/death-of-angelo-quinto-after-struggle-with-cops-blamed-on-excited-delirium-a-controversial-diagnosis-the-ama-says-is-used-to-shield-police-violence/\">the pathologist who testified during a coroner’s inquest that \"excited delirium\" caused Quinto’s death\u003c/a>, could not be reached for comment.\u003c/p>\n\u003cfigure id=\"attachment_11907783\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11907783\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg\" alt=\"vigil attendees kneeling in grass at outdoor park, wearing masks and holding sign reading 'justice for angelo quinto'\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and community members attend a vigil in remembrance of Angelo Quinto at Antioch City Park on March 10, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Physicians for Human Rights report specifically names Quinto’s as one of the cases where \"excited delirium\" is used to explain away excessive force and minimize accountability of law enforcement.\u003c/p>\n\u003cp>“Angelo Quinto, a Filipino-American Navy veteran, is one of many people, disproportionately people of color, whose deaths at the hands of police have been attributed to ‘excited delirium’ rather than to the conduct of law enforcement officers,” the report states.\u003c/p>\n\u003cp>Julia Sherwin is a civil rights attorney based in Oakland who co-authored the report after spending years researching how the term is used among law enforcement. She said police departments must learn how to more safely handle people in distress rather than using \"excited delirium\" to explain away unnecessary deaths that are really caused by the actions of officers.\u003c/p>\n\u003cp>“What's really important ... is the human impact that this junk science has,” Sherwin said. “These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they’ve been ripped from their families.”\u003c/p>\n\u003cp>Sherwin said restraints seemed to be one of the most common factors in deaths under police custody that were later ruled to be caused by \"excited delirium,\" and implored police departments to focus on deescalation training rather than resorting to force.\u003c/p>\n\u003cp>When encountering a person experiencing emotional distress, Sherwin said officers should make sure they are “not going hands-on with the person, not threatening them, they’re giving the person time to calm down … if they have to prone them out for handcuffing, good training would say turn them on their side or sit them up right away so they can breathe.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='police-killings']Douglas, the UCSF neurologist, admitted that restraints are regularly used in cases where a patient is delirious and presents a danger to themselves or others, but said the use of restraints should be carefully monitored and deescalation tactics should always be used first.\u003c/p>\n\u003cp>“If you’ve got somebody who’s delirious, and you approach them with force, they may react in an unpredictable way and that situation could escalate … if they’re confused, restraining them will only make the confusion worse,” Douglas said.\u003c/p>\n\u003cp>Douglas also said it’s worth considering whether medical or mental health professionals would be better suited as the first responders to situations where a person is in crisis.\u003c/p>\n\u003cp>The report similarly calls on state and local governments to make sure medically trained professionals are the primary responders in medical emergencies and establish more rigorous investigations of deaths in law enforcement custody.\u003c/p>\n\u003cp>The report also calls on the Biden administration to establish a Department of Justice unit to investigate all in-custody deaths, and on the National Association of Medical Examiners to issue a statement recognizing that \"excited delirium\" is not a valid medical diagnosis and cannot be a cause of death.\u003c/p>\n\u003cp>In a statement to the authors of the report, NAME President Dr. Kathryn Pinneri said that although medical examiners will list \"excited delirium\" as a cause of death, the association doesn't see it as a diagnosis.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Though I suspect it is accepted among many NAME members, we have never issued any type of consensus statement on excited delirium,\" Pinneri said. “And as an organization [we] have not formally ‘recognized the condition as a diagnosis.’”\u003c/p>\n\n","blocks":[],"excerpt":"A national physicians group says 'excited delirium' – used to explain the death of Angelo Quinto in Antioch – is junk science that 'cannot be disentangled from its racist and unscientific origins.'","status":"publish","parent":0,"modified":1646959556,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1242},"headData":{"title":"Black and Brown People Killed in Police Custody Are Often Diagnosed With 'Excited Delirium.' That's Racism and Junk Science, Report Says | KQED","description":"A national physicians group says 'excited delirium' – used to explain the death of Angelo Quinto in Antioch – is junk science that 'cannot be disentangled from its racist and unscientific origins.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Black and Brown People Killed in Police Custody Are Often Diagnosed With 'Excited Delirium.' 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That's Racism and Junk Science, Report Says","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2022/03/LaraExcitedDelirium.mp3","excludeFromSiteSearch":"Include","path":"/news/11907746/black-and-brown-people-killed-in-police-custody-are-often-diagnosed-with-excited-delirium-thats-racism-and-junk-science-report-says","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A national physicians group is demanding an end to the use of the diagnosis \"excited delirium,\" calling it junk science that “cannot be disentangled from its racist and unscientific origins” in a \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">report released last week\u003c/a>.\u003c/p>\n\u003cp>\"Excited delirium\" is often used to describe a state of agitated confusion, often associated with drug use or mental illness, and sometimes with violent outbursts followed by an abrupt death.\u003c/p>\n\u003cp>But critics of the diagnosis say it has no clear or consistent definition, and the report’s authors note that it’s disproportionately applied to Black and brown men by law enforcement to explain sudden deaths in police custody.\u003c/p>\n\u003cp>The report, by \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">Physicians for Human Rights\u003c/a>, finds that, “When the diagnosis of ‘excited delirium’ has been advanced, it has almost always been by law enforcement and law-enforcement-affiliated organizations.”\u003c/p>\n\u003cp>Several medical professional groups, like the World Health Organization and the American Psychiatric Association, already don’t recognize the term.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What's really important ... is the human impact that this junk science has. These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they've been ripped from their families.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Julia Sherwin, Oakland-based civil rights attorney and co-author of the report","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last year, the American Medical Association \u003ca href=\"https://www.ama-assn.org/press-center/press-releases/new-ama-policy-opposes-excited-delirium-diagnosis\">declared its opposition to the diagnosis\u003c/a>. The association’s then-President-elect Gerald E. Harmon called it “a manifestation of systemic racism that has unnecessarily dangerous and deadly consequences for our Black and Brown patients.”\u003c/p>\n\u003cp>But its use remains prevalent nationwide. When Colorado police arrested Elijah McClain, \u003ca href=\"https://sentinelcolorado.com/news/metro/colorado-panel-issues-guidelines-for-injecting-ketamine/\">they invoked \"excited delirium,\" both to justify injecting him with ketamine and later to explain his death\u003c/a>. The defense team for Derek Chauvin — the Minnesota officer who murdered George Floyd — \u003ca href=\"https://apnews.com/article/death-of-george-floyd-health-george-floyd-minneapolis-thomas-lane-1c6776d265e6f3c09e32df7039e80720\">argued during Chauvin’s trial that Floyd was experiencing \"excited delirium\"\u003c/a> and tried to use that to justify Chauvin pressing his knee to Floyd’s neck for more than nine minutes.\u003c/p>\n\u003cp>The diagnosis also has been used to explain deaths in police custody in the Bay Area.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11887516","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Feature_RS48144_023_SanFrancisco_RiseUpRally_03262021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Angelo Quinto’s family called the police to assist with a mental health crisis Quinto was experiencing in December 2020. Responding officers knelt on the Antioch man’s back, pinning him to the ground for what his family said was about five minutes. Quinto passed out, then died three days later.\u003c/p>\n\u003cp>Public outrage ensued, and community members called for justice for Quinto and for consequences for the responding officers. But in August 2021, a forensic pathologist hired by Contra Costa County named \"excited delirium\" as the cause of death, and the death was ruled an accident.\u003c/p>\n\u003cp>Dr. Vanja Douglas, a neurologist for UCSF, has worked for years with patients who experience delirium, mostly older people. He said he had never heard of the term \"excited delirium\" before reading the Physicians for Human Rights report.\u003c/p>\n\u003cp>Douglas said he was surprised to see delirium listed as a cause of death because it is a symptom of an underlying condition, not a condition in itself, and cannot be responsible for death. Instead, in a situation where a patient dies while delirious, the underlying condition would be the cause.\u003c/p>\n\u003cp>The Contra Costa County sheriff’s office, which houses the coroner’s office, directed questions from KQED about Angelo Quinto’s cause of death to the forensic pathologists involved who work as independent contractors for the county.\u003c/p>\n\u003cp>Dr. Ikechi Ogan, \u003ca href=\"https://www.eastbaytimes.com/2021/08/20/death-of-angelo-quinto-after-struggle-with-cops-blamed-on-excited-delirium-a-controversial-diagnosis-the-ama-says-is-used-to-shield-police-violence/\">the pathologist who testified during a coroner’s inquest that \"excited delirium\" caused Quinto’s death\u003c/a>, could not be reached for comment.\u003c/p>\n\u003cfigure id=\"attachment_11907783\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11907783\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg\" alt=\"vigil attendees kneeling in grass at outdoor park, wearing masks and holding sign reading 'justice for angelo quinto'\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and community members attend a vigil in remembrance of Angelo Quinto at Antioch City Park on March 10, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Physicians for Human Rights report specifically names Quinto’s as one of the cases where \"excited delirium\" is used to explain away excessive force and minimize accountability of law enforcement.\u003c/p>\n\u003cp>“Angelo Quinto, a Filipino-American Navy veteran, is one of many people, disproportionately people of color, whose deaths at the hands of police have been attributed to ‘excited delirium’ rather than to the conduct of law enforcement officers,” the report states.\u003c/p>\n\u003cp>Julia Sherwin is a civil rights attorney based in Oakland who co-authored the report after spending years researching how the term is used among law enforcement. She said police departments must learn how to more safely handle people in distress rather than using \"excited delirium\" to explain away unnecessary deaths that are really caused by the actions of officers.\u003c/p>\n\u003cp>“What's really important ... is the human impact that this junk science has,” Sherwin said. “These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they’ve been ripped from their families.”\u003c/p>\n\u003cp>Sherwin said restraints seemed to be one of the most common factors in deaths under police custody that were later ruled to be caused by \"excited delirium,\" and implored police departments to focus on deescalation training rather than resorting to force.\u003c/p>\n\u003cp>When encountering a person experiencing emotional distress, Sherwin said officers should make sure they are “not going hands-on with the person, not threatening them, they’re giving the person time to calm down … if they have to prone them out for handcuffing, good training would say turn them on their side or sit them up right away so they can breathe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"police-killings"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Douglas, the UCSF neurologist, admitted that restraints are regularly used in cases where a patient is delirious and presents a danger to themselves or others, but said the use of restraints should be carefully monitored and deescalation tactics should always be used first.\u003c/p>\n\u003cp>“If you’ve got somebody who’s delirious, and you approach them with force, they may react in an unpredictable way and that situation could escalate … if they’re confused, restraining them will only make the confusion worse,” Douglas said.\u003c/p>\n\u003cp>Douglas also said it’s worth considering whether medical or mental health professionals would be better suited as the first responders to situations where a person is in crisis.\u003c/p>\n\u003cp>The report similarly calls on state and local governments to make sure medically trained professionals are the primary responders in medical emergencies and establish more rigorous investigations of deaths in law enforcement custody.\u003c/p>\n\u003cp>The report also calls on the Biden administration to establish a Department of Justice unit to investigate all in-custody deaths, and on the National Association of Medical Examiners to issue a statement recognizing that \"excited delirium\" is not a valid medical diagnosis and cannot be a cause of death.\u003c/p>\n\u003cp>In a statement to the authors of the report, NAME President Dr. Kathryn Pinneri said that although medical examiners will list \"excited delirium\" as a cause of death, the association doesn't see it as a diagnosis.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Though I suspect it is accepted among many NAME members, we have never issued any type of consensus statement on excited delirium,\" Pinneri said. “And as an organization [we] have not formally ‘recognized the condition as a diagnosis.’”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11907746/black-and-brown-people-killed-in-police-custody-are-often-diagnosed-with-excited-delirium-thats-racism-and-junk-science-report-says","authors":["11761"],"categories":["news_6188","news_8"],"tags":["news_29221","news_30778","news_27626","news_28031","news_18563","news_116","news_28089","news_19216"],"featImg":"news_11907776","label":"news"},"news_11823909":{"type":"posts","id":"news_11823909","meta":{"index":"posts_1591205157","site":"news","id":"11823909","score":null,"sort":[1591905339000]},"guestAuthors":[],"slug":"qualified-immunity-for-police-under-scrutiny-as-court-considers-pittsburg-case","title":"Qualified Immunity for Police Under Scrutiny As Court Considers Pittsburg Case","publishDate":1591905339,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cstrong>Update, 11:50 p.m. Thursday, June 18:\u003c/strong> The 9th Circuit Court of Appeals issued a ruling Thursday affirming a lower court’s denial of qualified immunity for the Pittsburg police officers who killed Humberto “Beto” Martinez in 2016, meaning a wrongful death lawsuit can proceed.\u003c/p>\n\u003cp>“This important decision finally clears the way for Beto Martinez’s children to bring the officers who killed their father to trial, and ultimately to justice,” said Michael Haddad, the plaintiffs' attorney.\u003c/p>\n\u003cp>\u003cstrong>Original post, 12:55 p.m. Thursday, June 11:\u003c/strong> A federal appeals court in San Francisco is considering whether six Pittsburg police officers can be held liable for killing a man during a violent arrest in 2016. At the center of the officers’ appeal is a legal doctrine called qualified immunity that broadly shields public officials — and police — from liability.\u003c/p>\n\u003cp>As police accountability comes under increased scrutiny in the wake of killings and widespread protests, calls have grown to remove this legal protection for officers. On Monday, congressional Democrats introduced the \u003ca href=\"https://www.kqed.org/news/11823469/democrats-unveil-police-reform-legislation-amid-protests-nationwide\" target=\"_blank\" rel=\"noopener noreferrer\">Justice in Policing Act of 2020\u003c/a>, which would eliminate officers’ access to qualified immunity. The U.S. Supreme Court \u003ca href=\"https://www.npr.org/2020/06/08/870165744/supreme-court-weighs-qualified-immunity-for-police-accused-of-misconduct\" target=\"_blank\" rel=\"noopener noreferrer\">may also revisit\u003c/a> the issue.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Noah Blechman, Attorney for Pittsburg Police Officers\"]'Qualified immunity is supposed to provide officers with breathing room when they're involved in very difficult situations.'[/pullquote]\u003c/p>\n\u003cp>The legal standard outlined by the courts says officers can only be directly held responsible for killing or injuring someone if they both clearly violated that person’s constitutional rights and they knew, or should have known, they were violating those rights.\u003c/p>\n\u003cp>“Qualified immunity is supposed to provide officers with breathing room when they're involved in very difficult situations,” the officers’ attorney Noah Blechman told justices for the 9th Circuit Court of Appeals during oral arguments in San Francisco on Wednesday. “Which is what the officers were [in] here; they had split seconds to determine what type of force option to use.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11786770/some-california-police-departments-dont-review-deadly-uses-of-force\" target=\"_blank\" rel=\"noopener noreferrer\">difficult situation\u003c/a> Blechman referenced began with a traffic stop on July 26, 2016.\u003c/p>\n\u003cp>Pittsburg police officers were patrolling an area for drug activity when they spotted Humberto “Beto” Martinez, 36, in a car with expired tags. The officers attempted to pull him over.\u003c/p>\n\u003cp>Martinez ran from police into a nearby home. They chased him inside and tackled him to the kitchen floor. First two officers and then, ultimately, six officers struggled to handcuff the 6’2” 285-pound man. They tased him, stomped on him, kneed him and punched him as one of the officers — Ernesto Mejia — wrapped his arm around Martinez’s neck and squeezed. Martinez went limp.\u003c/p>\n\u003cp>“Hey, he’s going purple,” an officer called out moments later.\u003c/p>\n\u003cp>Martinez wasn’t breathing. His heart had stopped.\u003c/p>\n\u003cp>https://youtu.be/esdYJJ-4vsA\u003c/p>\n\u003cp>\u003cem>VIEWER DISCRETION ADVISED: Body-camera footage from multiple officers show Mejia struggling to subdue Martinez. This video was edited for brevity and language. Pittsburg police blurred Martinez's face before releasing footage.\u003c/em>\u003c/p>\n\u003cp>The autopsy showed the officers broke 16 of Martinez’s ribs, bruised his head and liver and broke the cartilage in his throat. Toxicology tests showed Martinez had methamphetamine and alcohol in his system.\u003c/p>\n\u003cp>Martinez’s family is suing the city of Pittsburg, the police chief and the six officers involved in the incident.\u003c/p>\n\u003cp>The officers’ attorney argued Wednesday that because each of them were involved in the incident to differing degrees, and it was a chaotic unfolding situation, they should not be all held liable for Martinez’s death.\u003c/p>\n\u003cp>“The qualified immunity analysis is an officer-by-officer, individualized analysis, not a group analysis,” Blechman said. “The [lower] court really did not do that.”\u003c/p>\n\u003cp>Attorney Michael Haddad, who represents Martinez’s family, responded that body camera footage showed that all of the officers did use force, even if it was just to hold Martinez down.[aside postID=\"news_11786770,news_11823616,news_11818476\" label=\"related coverage\"]\u003c/p>\n\u003cp>In determining whether excessive force was used, Haddad argued that you have to look at the underlying crime, which in this case he said was a fix-it ticket or. at worst, a misdemeanor for fleeing from police. Even in the midst of the struggle, Martinez did not appear to strike or assault any of the officers.\u003c/p>\n\u003cp>The 9th Circuit is expected to issue a ruling on the officers’ appeal in the coming months.\u003c/p>\n\u003cp>In an interview, Haddad said the legal protections for police have been too broadly applied, allowing officers to argue that they just made a mistake and that they didn’t know they were violating someone’s rights.\u003c/p>\n\u003cp>In a 2018 ruling seen as broadly expanding qualified immunity for police officers, the U.S. Supreme Court ruled that an officer who shot a woman through a chain-link fence had not violated a \"clearly established\" right, upholding the dismissal of a lawsuit against Tucson police officer Andrew Kisela.\u003c/p>\n\u003cp>Amy Hughes was acting erratically and holding a knife, standing next to another woman. Kisela was separated from them both. The officer fired four shots through the fence, injuring Hughes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Supreme Court's ruling has resulted in the dismissal of more wrongful death lawsuits before they ever get to trial. In a dissenting opinion, Justice Sonia Sotomayor wrote that the court was treating the doctrine of \"qualified immunity as an absolute shield.\"\u003c/p>\n\u003cp>“It's time to undo it and return justice to courts and juries for police, just like it exists for everybody else,” Haddad said.\u003c/p>\n\u003cp>If the case law establishing \"qualified immunity\" were changed, more lawsuits over killings by police officers would be allowed to go to trial.\u003c/p>\n\u003cp>“I think about what happened to Eric Garner and George Floyd and many others,” Haddad said to the 9th Circuit justices in closing. “And for each of them, as police officers beat and crushed the breath from them, their last words were, ‘I can't breathe.’ Now some of those very officers are here, literally asking for you to give them some breathing room.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Pittsburg officers argue before the 9th Circuit Court of Appeals that they should have immunity in a wrongful death lawsuit amid growing calls to remove this legal protection for police.","status":"publish","parent":0,"modified":1592506714,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1042},"headData":{"title":"Qualified Immunity for Police Under Scrutiny As Court Considers Pittsburg Case | KQED","description":"Pittsburg officers argue before the 9th Circuit Court of Appeals that they should have immunity in a wrongful death lawsuit amid growing calls to remove this legal protection for police.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Qualified Immunity for Police Under Scrutiny As Court Considers Pittsburg Case","datePublished":"2020-06-11T19:55:39.000Z","dateModified":"2020-06-18T18:58:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11823909 https://ww2.kqed.org/news/?p=11823909","disqusUrl":"https://ww2.kqed.org/news/2020/06/11/qualified-immunity-for-police-under-scrutiny-as-court-considers-pittsburg-case/","disqusTitle":"Qualified Immunity for Police Under Scrutiny As Court Considers Pittsburg Case","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/abea2015-9968-482d-aff8-abd6012b214d/audio.mp3","path":"/news/11823909/qualified-immunity-for-police-under-scrutiny-as-court-considers-pittsburg-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 11:50 p.m. Thursday, June 18:\u003c/strong> The 9th Circuit Court of Appeals issued a ruling Thursday affirming a lower court’s denial of qualified immunity for the Pittsburg police officers who killed Humberto “Beto” Martinez in 2016, meaning a wrongful death lawsuit can proceed.\u003c/p>\n\u003cp>“This important decision finally clears the way for Beto Martinez’s children to bring the officers who killed their father to trial, and ultimately to justice,” said Michael Haddad, the plaintiffs' attorney.\u003c/p>\n\u003cp>\u003cstrong>Original post, 12:55 p.m. Thursday, June 11:\u003c/strong> A federal appeals court in San Francisco is considering whether six Pittsburg police officers can be held liable for killing a man during a violent arrest in 2016. At the center of the officers’ appeal is a legal doctrine called qualified immunity that broadly shields public officials — and police — from liability.\u003c/p>\n\u003cp>As police accountability comes under increased scrutiny in the wake of killings and widespread protests, calls have grown to remove this legal protection for officers. On Monday, congressional Democrats introduced the \u003ca href=\"https://www.kqed.org/news/11823469/democrats-unveil-police-reform-legislation-amid-protests-nationwide\" target=\"_blank\" rel=\"noopener noreferrer\">Justice in Policing Act of 2020\u003c/a>, which would eliminate officers’ access to qualified immunity. The U.S. Supreme Court \u003ca href=\"https://www.npr.org/2020/06/08/870165744/supreme-court-weighs-qualified-immunity-for-police-accused-of-misconduct\" target=\"_blank\" rel=\"noopener noreferrer\">may also revisit\u003c/a> the issue.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Qualified immunity is supposed to provide officers with breathing room when they're involved in very difficult situations.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Noah Blechman, Attorney for Pittsburg Police Officers","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The legal standard outlined by the courts says officers can only be directly held responsible for killing or injuring someone if they both clearly violated that person’s constitutional rights and they knew, or should have known, they were violating those rights.\u003c/p>\n\u003cp>“Qualified immunity is supposed to provide officers with breathing room when they're involved in very difficult situations,” the officers’ attorney Noah Blechman told justices for the 9th Circuit Court of Appeals during oral arguments in San Francisco on Wednesday. “Which is what the officers were [in] here; they had split seconds to determine what type of force option to use.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11786770/some-california-police-departments-dont-review-deadly-uses-of-force\" target=\"_blank\" rel=\"noopener noreferrer\">difficult situation\u003c/a> Blechman referenced began with a traffic stop on July 26, 2016.\u003c/p>\n\u003cp>Pittsburg police officers were patrolling an area for drug activity when they spotted Humberto “Beto” Martinez, 36, in a car with expired tags. The officers attempted to pull him over.\u003c/p>\n\u003cp>Martinez ran from police into a nearby home. They chased him inside and tackled him to the kitchen floor. First two officers and then, ultimately, six officers struggled to handcuff the 6’2” 285-pound man. They tased him, stomped on him, kneed him and punched him as one of the officers — Ernesto Mejia — wrapped his arm around Martinez’s neck and squeezed. Martinez went limp.\u003c/p>\n\u003cp>“Hey, he’s going purple,” an officer called out moments later.\u003c/p>\n\u003cp>Martinez wasn’t breathing. His heart had stopped.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/esdYJJ-4vsA'\n title='//www.youtube.com/embed/esdYJJ-4vsA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cem>VIEWER DISCRETION ADVISED: Body-camera footage from multiple officers show Mejia struggling to subdue Martinez. This video was edited for brevity and language. Pittsburg police blurred Martinez's face before releasing footage.\u003c/em>\u003c/p>\n\u003cp>The autopsy showed the officers broke 16 of Martinez’s ribs, bruised his head and liver and broke the cartilage in his throat. Toxicology tests showed Martinez had methamphetamine and alcohol in his system.\u003c/p>\n\u003cp>Martinez’s family is suing the city of Pittsburg, the police chief and the six officers involved in the incident.\u003c/p>\n\u003cp>The officers’ attorney argued Wednesday that because each of them were involved in the incident to differing degrees, and it was a chaotic unfolding situation, they should not be all held liable for Martinez’s death.\u003c/p>\n\u003cp>“The qualified immunity analysis is an officer-by-officer, individualized analysis, not a group analysis,” Blechman said. “The [lower] court really did not do that.”\u003c/p>\n\u003cp>Attorney Michael Haddad, who represents Martinez’s family, responded that body camera footage showed that all of the officers did use force, even if it was just to hold Martinez down.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11786770,news_11823616,news_11818476","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In determining whether excessive force was used, Haddad argued that you have to look at the underlying crime, which in this case he said was a fix-it ticket or. at worst, a misdemeanor for fleeing from police. Even in the midst of the struggle, Martinez did not appear to strike or assault any of the officers.\u003c/p>\n\u003cp>The 9th Circuit is expected to issue a ruling on the officers’ appeal in the coming months.\u003c/p>\n\u003cp>In an interview, Haddad said the legal protections for police have been too broadly applied, allowing officers to argue that they just made a mistake and that they didn’t know they were violating someone’s rights.\u003c/p>\n\u003cp>In a 2018 ruling seen as broadly expanding qualified immunity for police officers, the U.S. Supreme Court ruled that an officer who shot a woman through a chain-link fence had not violated a \"clearly established\" right, upholding the dismissal of a lawsuit against Tucson police officer Andrew Kisela.\u003c/p>\n\u003cp>Amy Hughes was acting erratically and holding a knife, standing next to another woman. Kisela was separated from them both. The officer fired four shots through the fence, injuring Hughes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Supreme Court's ruling has resulted in the dismissal of more wrongful death lawsuits before they ever get to trial. In a dissenting opinion, Justice Sonia Sotomayor wrote that the court was treating the doctrine of \"qualified immunity as an absolute shield.\"\u003c/p>\n\u003cp>“It's time to undo it and return justice to courts and juries for police, just like it exists for everybody else,” Haddad said.\u003c/p>\n\u003cp>If the case law establishing \"qualified immunity\" were changed, more lawsuits over killings by police officers would be allowed to go to trial.\u003c/p>\n\u003cp>“I think about what happened to Eric Garner and George Floyd and many others,” Haddad said to the 9th Circuit justices in closing. “And for each of them, as police officers beat and crushed the breath from them, their last words were, ‘I can't breathe.’ Now some of those very officers are here, literally asking for you to give them some breathing room.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11823909/qualified-immunity-for-police-under-scrutiny-as-court-considers-pittsburg-case","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_28063","news_17725","news_18563","news_21329","news_18046","news_28081"],"featImg":"news_11823910","label":"news"},"news_11823616":{"type":"posts","id":"news_11823616","meta":{"index":"posts_1591205157","site":"news","id":"11823616","score":null,"sort":[1591826423000]},"guestAuthors":[],"slug":"police-violence-since-oscar-grant-has-anything-truly-changed","title":"Police Violence Since Oscar Grant: Has Anything Truly Changed?","publishDate":1591826423,"format":"image","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"#timeline\">Explore a timeline on police killings and reform in the Bay Area and beyond.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>The nation, California and the Bay Area are in the midst of a civil uprising. Hundreds of thousands of people, perhaps more, have poured into the streets of our major cities and small towns decrying the repeated, unjustified slayings of black people by law enforcement officers.\u003c/p>\n\u003cp>The May 25 killing of George Floyd is the most recent catalyst. Video from bystanders shows Minneapolis police officer Derek Chauvin nonchalantly kneeling on the 46-year-old's neck for nearly nine minutes, as Floyd calls for his mother and struggles to say the now too familiar phrase, \"I can't breathe.\"\u003c/p>\n\u003cp>Many of the people protesting are chanting that phrase. It's scrawled across the face masks of those coming out to voice their tired outrage amid a pandemic. It's a phrase that references far more than a handful of deaths.\u003c/p>\n\u003cp>Because we've been here before.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Just in the past decade, we've seen outrage over the killing of black people by police erupt in protests across the nation, from Oakland to New York to Ferguson to Baltimore to Minneapolis. The list could go on.\u003c/p>\n\u003cp>To many of those at recent protests, the words \"I can't breathe\" are an articulation of widespread oppression faced by black Americans in the U.S. It's a cry, yet again, for another kind of vaccine to another kind of disease.\u003c/p>\n\u003cp>\"The phrase 'I can't breathe' signifies the asphyxiation of Black people in this country,\" Oakland resident Brooke Pearson summarized at a recent protest. She, too, had the words \"I can't breathe,\" written on her face mask.\u003c/p>\n\u003cp>\"There’s a likelihood that I could contract COVID and die,\" she said. \"But I could also have my rights taken away from me by law enforcement, and I could be killed at the hands of law enforcement, and they would be treated with impunity.\"\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"george-floyd\"]Pearson said she's from Louisville and also wants justice for Breonna Taylor. Louisville police officers shot and killed Taylor, a 26-year-old emergency medical technician, on March 13 when they executed a no-knock search warrant at her home. Taylor’s boyfriend, Kenneth Walker said he thought police were intruders and fired at them. The FBI is investigating the incident and Taylor’s family has filed a wrongful death lawsuit.\u003c/p>\n\u003cp>In California, law enforcement officers killed 1,063 people between Jan. 1, 2009 and Jan. 1, 2019, according to \u003ca href=\"https://openjustice.doj.ca.gov/data\">data\u003c/a> reported to the state Department of Justice. Of those slayings, only three led to the criminal prosecution of an officer.\u003c/p>\n\u003cp>Hispanic people (the state's categorization) accounted for about 45% of those deaths and white people for 30%.\u003c/p>\n\u003cp>Nearly 20% of those killed by police were African Americans, even though African Americans make up only \u003ca href=\"https://www.census.gov/quickfacts/CA\">6.5%\u003c/a> of California's total population.\u003c/p>\n\u003cp>Of those 1,063 killings, only three were found to be criminal homicides.\u003c/p>\n\u003cp>The following timeline details just a few of these killings at the hands law enforcement officers over the past decade. Many have generated significant public outrage and some have even prompted policy and legislative reforms. Although we primarily focused on Bay Area deaths, most happened in the context of national events and, in some instances, have shaped that context.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This is far from a comprehensive list of local police killings, but we hope to begin to answer the question asked by so many protesting: Why haven't things changed?\u003ca id=\"timeline\">\u003c/a>\u003c/em>\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1HLjcqggRnA27mOa1BBRKlvjtBrmXmPZ_unBcr1-TeC8&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\n","blocks":[],"excerpt":"Explore a timeline spotlighting some of the most high-profile police shootings in the Bay Area and beyond in the last 10 years which have helped spark reforms.","status":"publish","parent":0,"modified":1592506772,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":594},"headData":{"title":"Police Violence Since Oscar Grant: Has Anything Truly Changed? | KQED","description":"Explore a timeline on some of the most high-profile police shootings in the Bay Area and beyond in the last 10 years which have helped spark reforms.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Police Violence Since Oscar Grant: Has Anything Truly Changed?","datePublished":"2020-06-10T22:00:23.000Z","dateModified":"2020-06-18T18:59:32.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11823616 https://ww2.kqed.org/news/?p=11823616","disqusUrl":"https://ww2.kqed.org/news/2020/06/10/police-violence-since-oscar-grant-has-anything-truly-changed/","disqusTitle":"Police Violence Since Oscar Grant: Has Anything Truly Changed?","path":"/news/11823616/police-violence-since-oscar-grant-has-anything-truly-changed","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"#timeline\">Explore a timeline on police killings and reform in the Bay Area and beyond.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>The nation, California and the Bay Area are in the midst of a civil uprising. Hundreds of thousands of people, perhaps more, have poured into the streets of our major cities and small towns decrying the repeated, unjustified slayings of black people by law enforcement officers.\u003c/p>\n\u003cp>The May 25 killing of George Floyd is the most recent catalyst. Video from bystanders shows Minneapolis police officer Derek Chauvin nonchalantly kneeling on the 46-year-old's neck for nearly nine minutes, as Floyd calls for his mother and struggles to say the now too familiar phrase, \"I can't breathe.\"\u003c/p>\n\u003cp>Many of the people protesting are chanting that phrase. It's scrawled across the face masks of those coming out to voice their tired outrage amid a pandemic. It's a phrase that references far more than a handful of deaths.\u003c/p>\n\u003cp>Because we've been here before.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Just in the past decade, we've seen outrage over the killing of black people by police erupt in protests across the nation, from Oakland to New York to Ferguson to Baltimore to Minneapolis. The list could go on.\u003c/p>\n\u003cp>To many of those at recent protests, the words \"I can't breathe\" are an articulation of widespread oppression faced by black Americans in the U.S. It's a cry, yet again, for another kind of vaccine to another kind of disease.\u003c/p>\n\u003cp>\"The phrase 'I can't breathe' signifies the asphyxiation of Black people in this country,\" Oakland resident Brooke Pearson summarized at a recent protest. She, too, had the words \"I can't breathe,\" written on her face mask.\u003c/p>\n\u003cp>\"There’s a likelihood that I could contract COVID and die,\" she said. \"But I could also have my rights taken away from me by law enforcement, and I could be killed at the hands of law enforcement, and they would be treated with impunity.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"george-floyd"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Pearson said she's from Louisville and also wants justice for Breonna Taylor. Louisville police officers shot and killed Taylor, a 26-year-old emergency medical technician, on March 13 when they executed a no-knock search warrant at her home. Taylor’s boyfriend, Kenneth Walker said he thought police were intruders and fired at them. The FBI is investigating the incident and Taylor’s family has filed a wrongful death lawsuit.\u003c/p>\n\u003cp>In California, law enforcement officers killed 1,063 people between Jan. 1, 2009 and Jan. 1, 2019, according to \u003ca href=\"https://openjustice.doj.ca.gov/data\">data\u003c/a> reported to the state Department of Justice. Of those slayings, only three led to the criminal prosecution of an officer.\u003c/p>\n\u003cp>Hispanic people (the state's categorization) accounted for about 45% of those deaths and white people for 30%.\u003c/p>\n\u003cp>Nearly 20% of those killed by police were African Americans, even though African Americans make up only \u003ca href=\"https://www.census.gov/quickfacts/CA\">6.5%\u003c/a> of California's total population.\u003c/p>\n\u003cp>Of those 1,063 killings, only three were found to be criminal homicides.\u003c/p>\n\u003cp>The following timeline details just a few of these killings at the hands law enforcement officers over the past decade. Many have generated significant public outrage and some have even prompted policy and legislative reforms. Although we primarily focused on Bay Area deaths, most happened in the context of national events and, in some instances, have shaped that context.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This is far from a comprehensive list of local police killings, but we hope to begin to answer the question asked by so many protesting: Why haven't things changed?\u003ca id=\"timeline\">\u003c/a>\u003c/em>\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1HLjcqggRnA27mOa1BBRKlvjtBrmXmPZ_unBcr1-TeC8&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11823616/police-violence-since-oscar-grant-has-anything-truly-changed","authors":["8676","7239","3206"],"categories":["news_6188","news_8","news_13"],"tags":["news_17725","news_28031","news_18563","news_3156","news_20081","news_4379"],"featImg":"news_11823680","label":"news"},"news_11819384":{"type":"posts","id":"news_11819384","meta":{"index":"posts_1591205157","site":"news","id":"11819384","score":null,"sort":[1589938102000]},"guestAuthors":[],"slug":"lawsuit-alleges-excessive-force-by-deputy-in-sonoma-county-death","title":"Lawsuit Alleges Excessive Force by Deputy in Sonoma County Death","publishDate":1589938102,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Editor's note: The video embedded in this story depicts violence and contains profanity. Viewer discretion is advised.\u003c/em>\u003c/p>\n\u003cp>The mother of a Petaluma man killed in November after a violent struggle with Sonoma County sheriff’s deputies filed a federal lawsuit Tuesday alleging that the deputy at the center of the case has a well-known “propensity for excessive force.”\u003c/p>\n\u003cp>Summary cause and manner of \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\" rel=\"noopener noreferrer\" target=\"_blank\">death findings\u003c/a> released last week showed that David Glen Ward’s Nov. 27 death was the result of heart failure, blunt impact injuries, a neck restraint and being tased during a confrontation with law enforcement.[pullquote size=\"medium\" align=\"right\" citation=\"Wrongful Death Lawsuit\"]'It was a common belief among Sheriff’s deputies that Mr. Blount had a propensity for excessive force.'[/pullquote]\u003c/p>\n\u003cp>Ward, 52, led Sonoma County sheriff’s deputies and Sebastopol police on a five-mile car chase after an officer spotted a suspected stolen car. It turned out Ward was driving his own vehicle that he’d just recovered after reporting it stolen.\u003c/p>\n\u003cp>The chase ended at a dead-end in Bloomfield. Ward raised his hands, then lowered them as deputies shouted commands for him to get out of the vehicle. When the driver’s side door wouldn’t open, Deputy Charles Blount reached in through the window and tried to drag Ward out, who screamed that his legs were pinned under the steering wheel. Both Blount and Deputy Jason Little say Ward is biting them during the struggle. Then Blount grabbed Ward by the head and smashed it into the car door frame as Little shocked him with a Taser.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=az807R-35Vg&feature=youtu.be\u003c/p>\n\u003cp>Officers eventually removed Ward from the passenger side of the car. He stopped breathing and later died. The lawsuit filed Tuesday says Ward had been in a car accident years earlier. He had steel plates in his neck and spine, limited mobility and relied on supplemental oxygen.\u003c/p>\n\u003cp>The coroner found methamphetamine in Ward’s system, as well as pre-existing physical and mental health conditions.\u003c/p>\n\u003cp>The lawsuit alleges excessive force, failure to intervene, wrongful death and negligent supervision, among other claims.\u003c/p>\n\u003cp>Sheriff Mark Essick announced he was moving to fire Blount when the Sonoma County Sheriff’s Office made body camera video public late last year. The lawsuit says the sheriff then quietly allowed Blount to retire on Feb. 7. Internal and criminal investigations in the case are ongoing.\u003c/p>\n\u003cp>Sgt. Juan Valencia, a spokesman for the Sonoma County Sheriff's Office, said his office has not yet received the filing and that it’s their policy not to comment on pending litigation.\u003c/p>\n\u003cp>Blount's lawyer said he hadn't yet reviewed the lawsuit in detail. Ward's death \"was tragic and unfortunate but certainly complicated,\" attorney Harry Stern wrote in an emailed statement, referencing Ward's \"extreme methamphetamine intoxication.\"[aside postID=\"news_11818476,news_11792485,news_11789667\" label=\"More on the Death of David Glen Ward\"]\u003c/p>\n\u003cp>The complaint lists the county, Sheriff Mark Essick and three deputies as defendants, but it focuses largely on Blount’s conduct during the arrest and his history with the Sheriff’s Office.\u003c/p>\n\u003cp>“It was a common belief among Sheriff’s deputies that Mr. Blount had a propensity for excessive force,” the lawsuit says, “yet department leadership knowing these dangers unconscionably disregarded them.”\u003c/p>\n\u003cp>The lawsuit alleges that Blount was wearing “gloves with hardened carbon fiber knuckles” during the struggle with Ward, which are illegal to possess in California and are prohibited by Sheriff’s Office policies.\u003c/p>\n\u003cp>Blount’s repeated use of excessive force, particularly the improper use of neck holds, was known to Sheriff Essick, the lawsuit says. It mentions a 2015 case in which Blount used a neck hold on a woman he suspected of jaywalking and lied about it in court.\u003c/p>\n\u003cp>The Sheriff’s Office determined Blount’s actions in that case were proper, the lawsuit says, and that he hadn’t been untruthful on the stand, “despite a Superior Court Judge having found his testimony dishonest.”\u003c/p>\n\u003cp>In another case that same year, Blount allegedly intervened in a struggle between a drunk man and a paramedic, placing the man in a neck hold until he lost consciousness, and then arrested bystanders who protested.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>“A firefighter on the scene said that it looked as if Blount felt he had ‘carte blanche to kick anybody’s ass,’ ” the lawsuit says. The complaint does not provide further details on the arrest.\u003c/p>\n\u003cp>The lawsuit further alleges that Blount’s supervisor raised concerns over the former deputy’s use of neck restraints in early 2019 and recommended retraining. But Blount complained of unfair treatment, according to the lawsuit. Izaak Schwaiger, a civil rights attorney who represents Ward’s mother, declined to offer more information.\u003c/p>\n\u003cp>“Instead of ordering the retraining requested, Essick began disciplinary proceedings against the supervisor,” the lawsuit says. “It was only a few months later that Blount killed David Ward.\u003c/p>\n\u003cp>The supervisor is not identified in the complaint, and Schwaiger declined to provide more information on the allegation.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/6895392-Ward-v-Sonoma-Complaint-5-19-2020.html\" responsive=true text=false]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Body camera video shows former Sonoma County Sheriff's Deputy Charles Blount violently smash David Glen Ward's head into a car door frame.","status":"publish","parent":0,"modified":1592507505,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":901},"headData":{"title":"Lawsuit Alleges Excessive Force by Deputy in Sonoma County Death | KQED","description":"Body camera video shows former Sonoma County Sheriff's Deputy Charles Blount violently smash David Glen Ward's head into a car door frame.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawsuit Alleges Excessive Force by Deputy in Sonoma County Death","datePublished":"2020-05-20T01:28:22.000Z","dateModified":"2020-06-18T19:11:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11819384 https://ww2.kqed.org/news/?p=11819384","disqusUrl":"https://ww2.kqed.org/news/2020/05/19/lawsuit-alleges-excessive-force-by-deputy-in-sonoma-county-death/","disqusTitle":"Lawsuit Alleges Excessive Force by Deputy in Sonoma County Death","path":"/news/11819384/lawsuit-alleges-excessive-force-by-deputy-in-sonoma-county-death","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Editor's note: The video embedded in this story depicts violence and contains profanity. Viewer discretion is advised.\u003c/em>\u003c/p>\n\u003cp>The mother of a Petaluma man killed in November after a violent struggle with Sonoma County sheriff’s deputies filed a federal lawsuit Tuesday alleging that the deputy at the center of the case has a well-known “propensity for excessive force.”\u003c/p>\n\u003cp>Summary cause and manner of \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\" rel=\"noopener noreferrer\" target=\"_blank\">death findings\u003c/a> released last week showed that David Glen Ward’s Nov. 27 death was the result of heart failure, blunt impact injuries, a neck restraint and being tased during a confrontation with law enforcement.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It was a common belief among Sheriff’s deputies that Mr. Blount had a propensity for excessive force.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Wrongful Death Lawsuit","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ward, 52, led Sonoma County sheriff’s deputies and Sebastopol police on a five-mile car chase after an officer spotted a suspected stolen car. It turned out Ward was driving his own vehicle that he’d just recovered after reporting it stolen.\u003c/p>\n\u003cp>The chase ended at a dead-end in Bloomfield. Ward raised his hands, then lowered them as deputies shouted commands for him to get out of the vehicle. When the driver’s side door wouldn’t open, Deputy Charles Blount reached in through the window and tried to drag Ward out, who screamed that his legs were pinned under the steering wheel. Both Blount and Deputy Jason Little say Ward is biting them during the struggle. Then Blount grabbed Ward by the head and smashed it into the car door frame as Little shocked him with a Taser.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/az807R-35Vg'\n title='//www.youtube.com/embed/az807R-35Vg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Officers eventually removed Ward from the passenger side of the car. He stopped breathing and later died. The lawsuit filed Tuesday says Ward had been in a car accident years earlier. He had steel plates in his neck and spine, limited mobility and relied on supplemental oxygen.\u003c/p>\n\u003cp>The coroner found methamphetamine in Ward’s system, as well as pre-existing physical and mental health conditions.\u003c/p>\n\u003cp>The lawsuit alleges excessive force, failure to intervene, wrongful death and negligent supervision, among other claims.\u003c/p>\n\u003cp>Sheriff Mark Essick announced he was moving to fire Blount when the Sonoma County Sheriff’s Office made body camera video public late last year. The lawsuit says the sheriff then quietly allowed Blount to retire on Feb. 7. Internal and criminal investigations in the case are ongoing.\u003c/p>\n\u003cp>Sgt. Juan Valencia, a spokesman for the Sonoma County Sheriff's Office, said his office has not yet received the filing and that it’s their policy not to comment on pending litigation.\u003c/p>\n\u003cp>Blount's lawyer said he hadn't yet reviewed the lawsuit in detail. Ward's death \"was tragic and unfortunate but certainly complicated,\" attorney Harry Stern wrote in an emailed statement, referencing Ward's \"extreme methamphetamine intoxication.\"\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11818476,news_11792485,news_11789667","label":"More on the Death of David Glen Ward "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The complaint lists the county, Sheriff Mark Essick and three deputies as defendants, but it focuses largely on Blount’s conduct during the arrest and his history with the Sheriff’s Office.\u003c/p>\n\u003cp>“It was a common belief among Sheriff’s deputies that Mr. Blount had a propensity for excessive force,” the lawsuit says, “yet department leadership knowing these dangers unconscionably disregarded them.”\u003c/p>\n\u003cp>The lawsuit alleges that Blount was wearing “gloves with hardened carbon fiber knuckles” during the struggle with Ward, which are illegal to possess in California and are prohibited by Sheriff’s Office policies.\u003c/p>\n\u003cp>Blount’s repeated use of excessive force, particularly the improper use of neck holds, was known to Sheriff Essick, the lawsuit says. It mentions a 2015 case in which Blount used a neck hold on a woman he suspected of jaywalking and lied about it in court.\u003c/p>\n\u003cp>The Sheriff’s Office determined Blount’s actions in that case were proper, the lawsuit says, and that he hadn’t been untruthful on the stand, “despite a Superior Court Judge having found his testimony dishonest.”\u003c/p>\n\u003cp>In another case that same year, Blount allegedly intervened in a struggle between a drunk man and a paramedic, placing the man in a neck hold until he lost consciousness, and then arrested bystanders who protested.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“A firefighter on the scene said that it looked as if Blount felt he had ‘carte blanche to kick anybody’s ass,’ ” the lawsuit says. The complaint does not provide further details on the arrest.\u003c/p>\n\u003cp>The lawsuit further alleges that Blount’s supervisor raised concerns over the former deputy’s use of neck restraints in early 2019 and recommended retraining. But Blount complained of unfair treatment, according to the lawsuit. Izaak Schwaiger, a civil rights attorney who represents Ward’s mother, declined to offer more information.\u003c/p>\n\u003cp>“Instead of ordering the retraining requested, Essick began disciplinary proceedings against the supervisor,” the lawsuit says. “It was only a few months later that Blount killed David Ward.\u003c/p>\n\u003cp>The supervisor is not identified in the complaint, and Schwaiger declined to provide more information on the allegation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/6895392-Ward-v-Sonoma-Complaint-5-19-2020.html","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11819384/lawsuit-alleges-excessive-force-by-deputy-in-sonoma-county-death","authors":["3206","8676"],"categories":["news_6188","news_8"],"tags":["news_27950","news_17725","news_27949","news_18563","news_27858","news_4982","news_17656"],"featImg":"news_11818489","label":"news"},"news_11818476":{"type":"posts","id":"news_11818476","meta":{"index":"posts_1591205157","site":"news","id":"11818476","score":null,"sort":[1589507378000]},"guestAuthors":[],"slug":"deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death","title":"Deputies' Blunt Force, Neck Hold, Taser Caused Petaluma Man's Death","publishDate":1589507378,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Editor's note: The video embedded in this story depicts violence and contains profanity. Viewer discretion is advised.\u003c/em>\u003c/p>\n\u003cp>Sonoma County deputies killed a Petaluma man when they choked him, slammed his head into a car door and tased him during a struggle late last year, according to findings released by the Marin County coroner Thursday evening.\u003c/p>\n\u003cp>David Glen Ward died on Nov. 27, 2019, after leading Sonoma County sheriff’s deputies and Sebastopol police officers, who incorrectly suspected Ward was driving a stolen vehicle, on a car chase. Ward came to a stop at a dead-end road in rural Sebastopol, and that’s when efforts to get the 52 year old out of the car turned violent and ultimately deadly.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11792485/sonoma-sheriff-fires-deputy-releases-graphic-video-of-encounter-that-led-to-drivers-death\" rel=\"noopener noreferrer\" target=\"_blank\">Body-camera video\u003c/a> of the incident shows former Sonoma County Sheriff’s Deputy Charles Blount reaching through the car’s window, wrapping his arm around Ward’s neck and then slamming his head repeatedly into the side of the car. Minutes later, as Ward lay face down and handcuffed on the ground, he stopped breathing. \u003c/p>\n\u003cp>The coroner \u003ca href=\"https://www.documentcloud.org/documents/6890610-CR19-283-WARD-Dave-Glen-Press-Statement-COD-Mode.html\" rel=\"noopener noreferrer\" target=\"_blank\">found\u003c/a> Ward’s death was caused by cardiorespiratory collapse, further listing blunt impact injuries, neck restraint and the use of a Taser as causes. The final direct cause listed was a “physical confrontation with law enforcement.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Izaak Schwaiger, attorney for David Glen Ward's family\"]'If this had been a civilian who caused this death, do you think they would be putting [the investigation] on hold?'[/pullquote]\u003c/p>\n\u003cp>Sonoma County Sheriff Mark Essick said in December he served Blount with a notice of termination. \u003c/p>\n\u003cp>\"If you watch the body-worn camera video closely, you may be concerned by what you saw. So was I,\" Essick said in a recorded statement at the time. \"The way Deputy Blount handles the entire situation is extremely troubling.\"\u003c/p>\n\u003cp>Blount retired on Feb. 7, according to the sheriff’s spokesman. The spokesman declined to comment on the coroner’s findings but said an internal investigation is still proceeding.\u003c/p>\n\u003cp>The coroner listed several conditions that contributed to Ward’s death, including acute methamphetamine intoxication, chronic drug use and pre-existing physical and mental health issues.\u003c/p>\n\u003cp>Harry Stern, Blount's attorney, said findings indicating heart failure in combination with methamphetamine use \"comes as no surprise.\"\u003c/p>\n\u003cp>\"This was a very unfortunate but justifiable use of force,\" Stern wrote in an emailed response.\u003c/p>\n\u003cp>The coroner determined Ward’s death was a homicide.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Santa Rosa Police Department is conducting a criminal investigation under an interagency agreement to investigate in-custody deaths. The coroner in neighboring Marin County investigated Ward’s death because the incident involved Sonoma County deputies, releasing summary cause and manner of death findings on Thursday.\u003c/p>\n\u003cp>The Santa Rosa Police Department’s criminal investigation of the incident has been on hold due to COVID-19, according to Santa Rosa police Lt. Dan Marincik. \u003c/p>\n\u003cp>“Unfortunately, we had to temporarily assign our detectives to work patrol during this pandemic,” Marincik wrote in an email. “Hopefully, they will be getting reassigned back to their positions in the near future and we can finish everything.”\u003c/p>\n\u003cp>[aside postID=\"news_11792485,news_11789667\" label=\"More on the Death of David Glen Ward\"]Sonoma County Assistant District Attorney William Brockley said his office is waiting on those reports from the Santa Rosa Police Department to review for any criminal charges.\u003c/p>\n\u003cp>Ward’s family has filed a claim against the city. Their attorney, Izaak Schwaiger, said the most surprising thing about the coroner’s findings was simply how long it took to get them. He also said the fact that Santa Rosa police have put the criminal investigation on hold indicates they are not taking Ward’s homicide seriously. \u003c/p>\n\u003cp>“If this had been a civilian who caused this death, do you think they would be putting it on hold?” Schwaiger said. “They don't think a crime was committed.”\u003c/p>\n\u003cp>Despite the coroner’s determination of what caused Ward’s death, questions remain about the strange and tragic series of events that led up to his fatal encounter with deputies. \u003c/p>\n\u003cp>“One of the great mysteries in David's case is going to be why he ran from the police,” Schwaiger said. “We don't really know, but certainly, a mental health history, you know, is going to contribute to that.”\u003c/p>\n\u003cp>On Nov. 24, Ward reported that his car had been stolen and that he’d been pistol whipped by a man living as a caretaker on his property, according to the sheriff. \u003c/p>\n\u003cp>At some point, Ward recovered his car, but the authorities said he didn’t notify them. When an off-duty Santa Rosa detective reported seeing the vehicle early on the morning of Nov. 27, Sonoma County Deputy Jason Little responded, and tried to pull over the green Honda. \u003c/p>\n\u003cp>Ward initially stopped his car, but then drove off. \u003c/p>\n\u003cp>Little and two Sebastopol police officers chased Ward through Sonoma County backroads for about seven minutes. At one point police performed what’s called a PIT maneuver – colliding with the Honda – in an attempt to incapacitate Ward’s vehicle.\u003c/p>\n\u003cp>Video of the incident shows the chase stopping at a dead end in the community of Bloomfield, about five miles from where it began, and officers, including Deputy Charles Blount, yelling at Ward to show his hands and get out of the vehicle. \u003c/p>\n\u003cp>https://www.youtube.com/watch?v=az807R-35Vg&feature=youtu.be\u003c/p>\n\u003cp>Ward appears to be having difficulty opening the door, and video of the incident seems to indicate the door was damaged as a result of being struck by the police car during the chase.\u003c/p>\n\u003cp>\"I can't believe this,” Ward says, rolling down his window. “I'm the injured party here ... Why are you fucking harassing me all the time?\"\u003c/p>\n\u003cp>Blount reaches in through the car window and tries unsuccessfully to pull Ward out. Ward starts to cry out in pain, and Little says his legs are pinned under the steering wheel. Little and Ward can both be heard saying that Ward is biting them. Blount then grabs the 52 year old by the head and slams it against the door frame – first with a glancing blow, then a second time, producing a loud cracking sound. At the same time, Ward is hit by Little’s Taser.\u003c/p>\n\u003cp>Finally, police officers from Sebastopol get Ward out through the passenger side of the vehicle, place him on the ground and handcuff him. Ward stops breathing.\u003c/p>\n\u003cp>As more officers arrive on the scene, Deputy Nick Jax recognizes Ward as the carjacking victim. \u003c/p>\n\u003cp>\"Then why did he run?\" Little asks.\u003c/p>\n\u003cp>\"I don't know why he ran,\" Jax responds. \"He had no reason to run. I was out with him like two hours ago at his house.\"\u003c/p>\n\u003cp>\"Oh well,” Blount says. \u003c/p>\n\u003cp>Blount has a \u003ca href=\"https://www.kqed.org/news/11789667/in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold\" rel=\"noopener noreferrer\" target=\"_blank\">history\u003c/a> of dishonest testimony and improper use of a neck hold. \u003c/p>\n\u003cp>In 2015, he used a neck hold on a woman, and then lied about it in court. Schwaiger said the sheriff should have done something about Blount’s misconduct then.\u003c/p>\n\u003cp>Schwaiger said it’s been nearly six months since Ward died, and his family is still waiting for answers. \u003c/p>\n\u003cp>“David's life had value,” Schwaiger said. “It had value, and he was loved by his family and he loved them in return, and that's all gone now. And it's not something that should be ignored. It's not something that should be minimized.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Newly released coroner's findings follow Sonoma County sheriff's move to fire one deputy, as a criminal investigation into the death of David Ward has stalled during the COVID-19 pandemic.","status":"publish","parent":0,"modified":1589583841,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1286},"headData":{"title":"Deputies' Blunt Force, Neck Hold, Taser Caused Petaluma Man's Death | KQED","description":"Coroner's findings follow Sonoma County sheriff's move to fire one deputy, as investigation into David Ward's death has stalled during COVID-19 pandemic.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Deputies' Blunt Force, Neck Hold, Taser Caused Petaluma Man's Death","datePublished":"2020-05-15T01:49:38.000Z","dateModified":"2020-05-15T23:04:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11818476 https://ww2.kqed.org/news/?p=11818476","disqusUrl":"https://ww2.kqed.org/news/2020/05/14/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death/","disqusTitle":"Deputies' Blunt Force, Neck Hold, Taser Caused Petaluma Man's Death","path":"/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Editor's note: The video embedded in this story depicts violence and contains profanity. Viewer discretion is advised.\u003c/em>\u003c/p>\n\u003cp>Sonoma County deputies killed a Petaluma man when they choked him, slammed his head into a car door and tased him during a struggle late last year, according to findings released by the Marin County coroner Thursday evening.\u003c/p>\n\u003cp>David Glen Ward died on Nov. 27, 2019, after leading Sonoma County sheriff’s deputies and Sebastopol police officers, who incorrectly suspected Ward was driving a stolen vehicle, on a car chase. Ward came to a stop at a dead-end road in rural Sebastopol, and that’s when efforts to get the 52 year old out of the car turned violent and ultimately deadly.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11792485/sonoma-sheriff-fires-deputy-releases-graphic-video-of-encounter-that-led-to-drivers-death\" rel=\"noopener noreferrer\" target=\"_blank\">Body-camera video\u003c/a> of the incident shows former Sonoma County Sheriff’s Deputy Charles Blount reaching through the car’s window, wrapping his arm around Ward’s neck and then slamming his head repeatedly into the side of the car. Minutes later, as Ward lay face down and handcuffed on the ground, he stopped breathing. \u003c/p>\n\u003cp>The coroner \u003ca href=\"https://www.documentcloud.org/documents/6890610-CR19-283-WARD-Dave-Glen-Press-Statement-COD-Mode.html\" rel=\"noopener noreferrer\" target=\"_blank\">found\u003c/a> Ward’s death was caused by cardiorespiratory collapse, further listing blunt impact injuries, neck restraint and the use of a Taser as causes. The final direct cause listed was a “physical confrontation with law enforcement.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If this had been a civilian who caused this death, do you think they would be putting [the investigation] on hold?'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Izaak Schwaiger, attorney for David Glen Ward's family","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sonoma County Sheriff Mark Essick said in December he served Blount with a notice of termination. \u003c/p>\n\u003cp>\"If you watch the body-worn camera video closely, you may be concerned by what you saw. So was I,\" Essick said in a recorded statement at the time. \"The way Deputy Blount handles the entire situation is extremely troubling.\"\u003c/p>\n\u003cp>Blount retired on Feb. 7, according to the sheriff’s spokesman. The spokesman declined to comment on the coroner’s findings but said an internal investigation is still proceeding.\u003c/p>\n\u003cp>The coroner listed several conditions that contributed to Ward’s death, including acute methamphetamine intoxication, chronic drug use and pre-existing physical and mental health issues.\u003c/p>\n\u003cp>Harry Stern, Blount's attorney, said findings indicating heart failure in combination with methamphetamine use \"comes as no surprise.\"\u003c/p>\n\u003cp>\"This was a very unfortunate but justifiable use of force,\" Stern wrote in an emailed response.\u003c/p>\n\u003cp>The coroner determined Ward’s death was a homicide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Santa Rosa Police Department is conducting a criminal investigation under an interagency agreement to investigate in-custody deaths. The coroner in neighboring Marin County investigated Ward’s death because the incident involved Sonoma County deputies, releasing summary cause and manner of death findings on Thursday.\u003c/p>\n\u003cp>The Santa Rosa Police Department’s criminal investigation of the incident has been on hold due to COVID-19, according to Santa Rosa police Lt. Dan Marincik. \u003c/p>\n\u003cp>“Unfortunately, we had to temporarily assign our detectives to work patrol during this pandemic,” Marincik wrote in an email. “Hopefully, they will be getting reassigned back to their positions in the near future and we can finish everything.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11792485,news_11789667","label":"More on the Death of David Glen Ward "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Sonoma County Assistant District Attorney William Brockley said his office is waiting on those reports from the Santa Rosa Police Department to review for any criminal charges.\u003c/p>\n\u003cp>Ward’s family has filed a claim against the city. Their attorney, Izaak Schwaiger, said the most surprising thing about the coroner’s findings was simply how long it took to get them. He also said the fact that Santa Rosa police have put the criminal investigation on hold indicates they are not taking Ward’s homicide seriously. \u003c/p>\n\u003cp>“If this had been a civilian who caused this death, do you think they would be putting it on hold?” Schwaiger said. “They don't think a crime was committed.”\u003c/p>\n\u003cp>Despite the coroner’s determination of what caused Ward’s death, questions remain about the strange and tragic series of events that led up to his fatal encounter with deputies. \u003c/p>\n\u003cp>“One of the great mysteries in David's case is going to be why he ran from the police,” Schwaiger said. “We don't really know, but certainly, a mental health history, you know, is going to contribute to that.”\u003c/p>\n\u003cp>On Nov. 24, Ward reported that his car had been stolen and that he’d been pistol whipped by a man living as a caretaker on his property, according to the sheriff. \u003c/p>\n\u003cp>At some point, Ward recovered his car, but the authorities said he didn’t notify them. When an off-duty Santa Rosa detective reported seeing the vehicle early on the morning of Nov. 27, Sonoma County Deputy Jason Little responded, and tried to pull over the green Honda. \u003c/p>\n\u003cp>Ward initially stopped his car, but then drove off. \u003c/p>\n\u003cp>Little and two Sebastopol police officers chased Ward through Sonoma County backroads for about seven minutes. At one point police performed what’s called a PIT maneuver – colliding with the Honda – in an attempt to incapacitate Ward’s vehicle.\u003c/p>\n\u003cp>Video of the incident shows the chase stopping at a dead end in the community of Bloomfield, about five miles from where it began, and officers, including Deputy Charles Blount, yelling at Ward to show his hands and get out of the vehicle. \u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/az807R-35Vg'\n title='//www.youtube.com/embed/az807R-35Vg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Ward appears to be having difficulty opening the door, and video of the incident seems to indicate the door was damaged as a result of being struck by the police car during the chase.\u003c/p>\n\u003cp>\"I can't believe this,” Ward says, rolling down his window. “I'm the injured party here ... Why are you fucking harassing me all the time?\"\u003c/p>\n\u003cp>Blount reaches in through the car window and tries unsuccessfully to pull Ward out. Ward starts to cry out in pain, and Little says his legs are pinned under the steering wheel. Little and Ward can both be heard saying that Ward is biting them. Blount then grabs the 52 year old by the head and slams it against the door frame – first with a glancing blow, then a second time, producing a loud cracking sound. At the same time, Ward is hit by Little’s Taser.\u003c/p>\n\u003cp>Finally, police officers from Sebastopol get Ward out through the passenger side of the vehicle, place him on the ground and handcuff him. Ward stops breathing.\u003c/p>\n\u003cp>As more officers arrive on the scene, Deputy Nick Jax recognizes Ward as the carjacking victim. \u003c/p>\n\u003cp>\"Then why did he run?\" Little asks.\u003c/p>\n\u003cp>\"I don't know why he ran,\" Jax responds. \"He had no reason to run. I was out with him like two hours ago at his house.\"\u003c/p>\n\u003cp>\"Oh well,” Blount says. \u003c/p>\n\u003cp>Blount has a \u003ca href=\"https://www.kqed.org/news/11789667/in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold\" rel=\"noopener noreferrer\" target=\"_blank\">history\u003c/a> of dishonest testimony and improper use of a neck hold. \u003c/p>\n\u003cp>In 2015, he used a neck hold on a woman, and then lied about it in court. Schwaiger said the sheriff should have done something about Blount’s misconduct then.\u003c/p>\n\u003cp>Schwaiger said it’s been nearly six months since Ward died, and his family is still waiting for answers. \u003c/p>\n\u003cp>“David's life had value,” Schwaiger said. “It had value, and he was loved by his family and he loved them in return, and that's all gone now. And it's not something that should be ignored. It's not something that should be minimized.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_27950","news_27949","news_18563","news_27858","news_4982","news_17656"],"featImg":"news_11818497","label":"news"},"news_11789667":{"type":"posts","id":"news_11789667","meta":{"index":"posts_1591205157","site":"news","id":"11789667","score":null,"sort":[1575561652000]},"guestAuthors":[],"slug":"in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold","title":"In-Custody Death: Sonoma County Deputy Lied in Court About Past Carotid Hold","publishDate":1575561652,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A Sonoma County sheriff’s deputy who police say performed a carotid hold on a Petaluma man shortly before he died last week used a similar neck hold on a woman in 2015 and then lied about it in court.\u003c/p>\n\u003cp>David Glen Ward, 52, died after a car chase and struggle with sheriff’s deputies and police on Nov. 27. Officers from Sebastopol and Sonoma County deputies incorrectly suspected that Ward was driving a stolen vehicle, according to the Santa Rosa Police Department, which is investigating the incident. The Marin County Coroner's Office has not yet issued its report on Ward’s cause of death.[aside postID=\"news_11786770\" target=\"_blank\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/Neck-Hold-Pittsburg-PD-1020x765.jpg\"]\u003c/p>\n\u003cp>Sonoma County Deputy Jason Little tried to pull Ward over just before 6 a.m. Ward had reported his vehicle stolen three days before, according to Santa Rosa police, and Little was responding to a report from an off-duty detective that the vehicle was located near Frei Road in Sebastopol.\u003c/p>\n\u003cp>Ward stopped his car, authorities say, and then took off again, leading Little and two Sebastopol police officers on a seven-minute chase. Sonoma County sheriff's Deputy Charles Blount arrived on the scene, and all four officers approached the vehicle, according to the Santa Rosa Police Department.\u003c/p>\n\u003cp>Police say Ward ignored their orders to open the car door. When Ward rolled down the driver's side window, officers tried to pull him out through the opening. Ward struggled, according to officials, biting the two deputies.\u003c/p>\n\u003cp>Officers struck and tried to use a Taser on Ward during the struggle. Then Blount reached through the car window and attempted to perform a carotid hold around Ward’s neck, according to officials. The hold involves restricting the vascular arteries on the sides of the subject’s neck with an officer’s arm.\u003c/p>\n\u003cp>Police finally extracted Ward from the vehicle by breaking the other window and pulling him out through the passenger-side door.\u003cbr>\n[ad fullwidth]\u003cbr>\nMinutes after handcuffing Ward, authorities say, deputies noticed he had stopped breathing. Ward was pronounced dead at a local hospital.\u003c/p>\n\u003cp>The Sonoma County Sheriff’s Department is conducting an internal investigation into whether the two deputies complied with department policies during their attempts to arrest Ward.\u003c/p>\n\u003cp>The sheriff’s current policy allows deputies to use the carotid when confronting a violent or potentially violent suspect. But the move can turn deadly if applied incorrectly.\u003c/p>\n\u003cp>On Tuesday, Sonoma County law enforcement’s civilian oversight body \u003ca href=\"https://www.pressdemocrat.com/news/10410900-181/group-recommends-ban-on-restraint\" target=\"_blank\" rel=\"noopener noreferrer\">recommended\u003c/a> the sheriff ban the use of the carotid hold altogether.\u003c/p>\n\u003cp>Blount has faced multiple allegations of using excessive force in the past. Sonoma County-based defense and civil attorney Izaak Schwaiger said he also lied on the stand about using a carotid hold.\u003c/p>\n\u003cp>“Deputy Blount is as dishonest a cop as he is a violent one,” Schwaiger said. “That's a horribly dangerous combination.”\u003c/p>\n\u003cp>Blount and an attorney who had previously represented him did not respond to emails requesting comment.\u003c/p>\n\u003cp>In 2015, Schwaiger represented a woman named Celeste Moon, who Blount arrested in January of that year for jaywalking and resisting arrest, documents show. During testimony at a hearing in Moon’s criminal case, Blount said he did not use a neck hold on Moon.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=FB3XTRP1kOs\u003c/p>\n\u003cp>“And then we played the video evidence for the court,” Schwaiger said. The video, taken by a bystander, showed Blount wrapping his arm around Moon’s neck and throwing her to the ground. “That matter was dismissed.”\u003c/p>\n\u003cp>Judge Jamie Thistlethwaite directed prosecutor Scott Uemura to place Blount’s testimony in the DA’s files documenting officers with credibility issues. Prosecutors have a duty to disclose past dishonesty by law enforcement witnesses to defendants under a 1963 U.S. Supreme Court ruling in Brady v. Maryland.\u003c/p>\n\u003cp>Chief Deputy District Attorney Brian Staebell wrote in an email that his office did review the case to determine if Blount should be placed on the DA’s “Brady list,” and asked the sheriff for any evidence of relevant misconduct in his file.\u003c/p>\n\u003cp>“We were notified there was none,” Staebell wrote. He said he couldn’t disclose whether Blount was ultimately placed on the list.\u003c/p>\n\u003cfigure id=\"attachment_11789720\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11789720\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-800x243.jpg\" alt=\"\" width=\"800\" height=\"243\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-800x243.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-160x49.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-1020x310.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-1200x365.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portion of a transcript of an April 15, 2015, Sonoma County Superior Court hearing in which Deputy Charles Blount denies using a carotid hold or putting his arms around a defendant's neck.\u003c/figcaption>\u003c/figure>\n\u003cp>In 2015, Sonoma County settled a federal lawsuit with a man named Marlon Whitmore, who alleged that deputies, including Blount, used excessive force on him in 2011. Civil rights attorney John Burris, who represented Whitmore in the case, said the settlement was for about $375,000.\u003c/p>\n\u003cp>Lloyd Beardsley filed a suit in 2016 claiming that he was complying with the officer’s commands when Blount tackled him, punched him in the face and arrested him for public intoxication, fighting and resisting arrest. The fighting charge was dismissed and a jury ultimately found Beardsley not guilty of the other two charges.\u003c/p>\n\u003cp>“My client felt completely victimized by Blount, when he felt that Blount should have been protecting him,” Beardsley’s civil attorney, Katy Young, wrote in an emailed response. She said the lawsuit settled for a “low monetary amount.”\u003c/p>\n\u003cp>In court filings, the attorneys representing the county and Blount disputed the plaintiffs' excessive force claims in both cases.\u003c/p>\n\u003cp>Blount also used a carotid hold on a severely intoxicated man in 2015, police reports show. The man was initially unconscious, but woke up and became “uncooperative” when deputies tried to handcuff him. Then Blount used the hold.\u003c/p>\n\u003cp>The Sonoma County Sheriff’s Office said they couldn’t comment on Blount’s past conduct because of the ongoing investigation into Ward’s death by Santa Rosa police.\u003c/p>\n\u003cp>Santa Rosa Lt. Dan Marincik said via email that his department is focused on the criminal investigation of the incident.\u003c/p>\n\u003cp>“If there is a nexus between the prior patterns of an officer or deputies [sic] behavior and the criminal investigation we are currently conducting, that is something that we would then look into in greater detail,” Marincik wrote.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Sheriff's Deputy Charles Blount has also faced allegations of excessive force in the past, including in a case the county settled for $375,000.","status":"publish","parent":0,"modified":1609956425,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1067},"headData":{"title":"In-Custody Death: Sonoma County Deputy Lied in Court About Past Carotid Hold | KQED","description":"Sheriff's Deputy Charles Blount has also faced allegations of excessive force in the past, including in a case the county settled for $375,000.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"In-Custody Death: Sonoma County Deputy Lied in Court About Past Carotid Hold","datePublished":"2019-12-05T16:00:52.000Z","dateModified":"2021-01-06T18:07:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11789667 https://ww2.kqed.org/news/?p=11789667","disqusUrl":"https://ww2.kqed.org/news/2019/12/05/in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold/","disqusTitle":"In-Custody Death: Sonoma County Deputy Lied in Court About Past Carotid Hold","path":"/news/11789667/in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Sonoma County sheriff’s deputy who police say performed a carotid hold on a Petaluma man shortly before he died last week used a similar neck hold on a woman in 2015 and then lied about it in court.\u003c/p>\n\u003cp>David Glen Ward, 52, died after a car chase and struggle with sheriff’s deputies and police on Nov. 27. Officers from Sebastopol and Sonoma County deputies incorrectly suspected that Ward was driving a stolen vehicle, according to the Santa Rosa Police Department, which is investigating the incident. The Marin County Coroner's Office has not yet issued its report on Ward’s cause of death.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11786770","target":"_blank","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/11/Neck-Hold-Pittsburg-PD-1020x765.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sonoma County Deputy Jason Little tried to pull Ward over just before 6 a.m. Ward had reported his vehicle stolen three days before, according to Santa Rosa police, and Little was responding to a report from an off-duty detective that the vehicle was located near Frei Road in Sebastopol.\u003c/p>\n\u003cp>Ward stopped his car, authorities say, and then took off again, leading Little and two Sebastopol police officers on a seven-minute chase. Sonoma County sheriff's Deputy Charles Blount arrived on the scene, and all four officers approached the vehicle, according to the Santa Rosa Police Department.\u003c/p>\n\u003cp>Police say Ward ignored their orders to open the car door. When Ward rolled down the driver's side window, officers tried to pull him out through the opening. Ward struggled, according to officials, biting the two deputies.\u003c/p>\n\u003cp>Officers struck and tried to use a Taser on Ward during the struggle. Then Blount reached through the car window and attempted to perform a carotid hold around Ward’s neck, according to officials. The hold involves restricting the vascular arteries on the sides of the subject’s neck with an officer’s arm.\u003c/p>\n\u003cp>Police finally extracted Ward from the vehicle by breaking the other window and pulling him out through the passenger-side door.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nMinutes after handcuffing Ward, authorities say, deputies noticed he had stopped breathing. Ward was pronounced dead at a local hospital.\u003c/p>\n\u003cp>The Sonoma County Sheriff’s Department is conducting an internal investigation into whether the two deputies complied with department policies during their attempts to arrest Ward.\u003c/p>\n\u003cp>The sheriff’s current policy allows deputies to use the carotid when confronting a violent or potentially violent suspect. But the move can turn deadly if applied incorrectly.\u003c/p>\n\u003cp>On Tuesday, Sonoma County law enforcement’s civilian oversight body \u003ca href=\"https://www.pressdemocrat.com/news/10410900-181/group-recommends-ban-on-restraint\" target=\"_blank\" rel=\"noopener noreferrer\">recommended\u003c/a> the sheriff ban the use of the carotid hold altogether.\u003c/p>\n\u003cp>Blount has faced multiple allegations of using excessive force in the past. Sonoma County-based defense and civil attorney Izaak Schwaiger said he also lied on the stand about using a carotid hold.\u003c/p>\n\u003cp>“Deputy Blount is as dishonest a cop as he is a violent one,” Schwaiger said. “That's a horribly dangerous combination.”\u003c/p>\n\u003cp>Blount and an attorney who had previously represented him did not respond to emails requesting comment.\u003c/p>\n\u003cp>In 2015, Schwaiger represented a woman named Celeste Moon, who Blount arrested in January of that year for jaywalking and resisting arrest, documents show. During testimony at a hearing in Moon’s criminal case, Blount said he did not use a neck hold on Moon.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/FB3XTRP1kOs'\n title='//www.youtube.com/embed/FB3XTRP1kOs'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>“And then we played the video evidence for the court,” Schwaiger said. The video, taken by a bystander, showed Blount wrapping his arm around Moon’s neck and throwing her to the ground. “That matter was dismissed.”\u003c/p>\n\u003cp>Judge Jamie Thistlethwaite directed prosecutor Scott Uemura to place Blount’s testimony in the DA’s files documenting officers with credibility issues. Prosecutors have a duty to disclose past dishonesty by law enforcement witnesses to defendants under a 1963 U.S. Supreme Court ruling in Brady v. Maryland.\u003c/p>\n\u003cp>Chief Deputy District Attorney Brian Staebell wrote in an email that his office did review the case to determine if Blount should be placed on the DA’s “Brady list,” and asked the sheriff for any evidence of relevant misconduct in his file.\u003c/p>\n\u003cp>“We were notified there was none,” Staebell wrote. He said he couldn’t disclose whether Blount was ultimately placed on the list.\u003c/p>\n\u003cfigure id=\"attachment_11789720\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11789720\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-800x243.jpg\" alt=\"\" width=\"800\" height=\"243\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-800x243.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-160x49.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-1020x310.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript-1200x365.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/12/transcript.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portion of a transcript of an April 15, 2015, Sonoma County Superior Court hearing in which Deputy Charles Blount denies using a carotid hold or putting his arms around a defendant's neck.\u003c/figcaption>\u003c/figure>\n\u003cp>In 2015, Sonoma County settled a federal lawsuit with a man named Marlon Whitmore, who alleged that deputies, including Blount, used excessive force on him in 2011. Civil rights attorney John Burris, who represented Whitmore in the case, said the settlement was for about $375,000.\u003c/p>\n\u003cp>Lloyd Beardsley filed a suit in 2016 claiming that he was complying with the officer’s commands when Blount tackled him, punched him in the face and arrested him for public intoxication, fighting and resisting arrest. The fighting charge was dismissed and a jury ultimately found Beardsley not guilty of the other two charges.\u003c/p>\n\u003cp>“My client felt completely victimized by Blount, when he felt that Blount should have been protecting him,” Beardsley’s civil attorney, Katy Young, wrote in an emailed response. She said the lawsuit settled for a “low monetary amount.”\u003c/p>\n\u003cp>In court filings, the attorneys representing the county and Blount disputed the plaintiffs' excessive force claims in both cases.\u003c/p>\n\u003cp>Blount also used a carotid hold on a severely intoxicated man in 2015, police reports show. The man was initially unconscious, but woke up and became “uncooperative” when deputies tried to handcuff him. Then Blount used the hold.\u003c/p>\n\u003cp>The Sonoma County Sheriff’s Office said they couldn’t comment on Blount’s past conduct because of the ongoing investigation into Ward’s death by Santa Rosa police.\u003c/p>\n\u003cp>Santa Rosa Lt. Dan Marincik said via email that his department is focused on the criminal investigation of the incident.\u003c/p>\n\u003cp>“If there is a nexus between the prior patterns of an officer or deputies [sic] behavior and the criminal investigation we are currently conducting, that is something that we would then look into in greater detail,” Marincik wrote.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11789667/in-custody-death-sonoma-county-deputy-lied-in-court-about-past-carotid-hold","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_17725","news_27949","news_18563","news_4982","news_25418"],"featImg":"news_11789717","label":"news"},"news_11699375":{"type":"posts","id":"news_11699375","meta":{"index":"posts_1591205157","site":"news","id":"11699375","score":null,"sort":[1539792611000]},"guestAuthors":[],"slug":"family-of-man-killed-after-san-mateo-sheriffs-taser-shocks-demands-video-release","title":"Family of Peninsula Man Tasered by Deputies Seeks Video of Fatal Encounter","publishDate":1539792611,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The family of a Redwood City man, who died after multiple shocks from sheriff deputies' Tasers earlier this month, is calling on San Mateo County prosecutors to turn over any video footage of the deadly encounter.\u003c/p>\n\u003cp>\"What was taken from us is irretrievable,\" \u003ca href=\"https://www.kqed.org/news/11696828/san-mateo-d-a-says-man-who-died-after-deputy-tased-him-was-unarmed\" target=\"_blank\" rel=\"noopener\">Chinedu Valentine Okobi\u003c/a>'s sister Ebele Okobi told reporters after a funeral service in San Francisco on Tuesday.\u003c/p>\n\u003cp>\"We will never get him back. We are just begging for the opportunity to be able to not have him murdered again by not knowing what happened to our brother,\" she said.\u003c/p>\n\u003cp>The case has \u003ca href=\"https://www.nytimes.com/2018/10/16/us/chinedu-okobi-police-killing.html\" target=\"_blank\" rel=\"noopener\">received\u003c/a> international \u003ca href=\"https://www.theguardian.com/us-news/2018/oct/16/san-francisco-sheriff-taser-chinedu-okobi-death-police\" target=\"_blank\" rel=\"noopener\">attention\u003c/a>, driven in part by Ebele Okobi's career as a high-level Facebook executive.\u003c/p>\n\u003cp>Deputies approached 36-year-old Chinedu Okobi at about 1 p.m. on Oct. 3, according to the San Mateo County Sheriff's Office. He was on foot and moving in and out of traffic.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>San Mateo County District Attorney Steve Wagstaffe has said Okobi was unarmed at the time of the incident.\u003c/p>\n\u003cp>In dispatch audio of communication by the sheriff's department, archived by Broadcastify.com, a voice appearing to belong to a male deputy can be heard reporting a black man, 6 feet tall and about 220 pounds “running in traffic” on El Camino Real in Millbrae, near the intersection of Santa Helena Avenue.\u003c/p>\n\u003cp>The deputy reported a Taser deployment about a minute later, then said as someone yells in the background: \"Still resisting, third Taser deployment.\"\u003c/p>\n\u003cp>Another voice arriving on scene a few minutes later requested more units.\u003c/p>\n\u003cp>\"We have a crime scene,\" he said. \"Looks like they had pepper-sprayed the subject as well as multiple Taser deployments.\"\u003c/p>\n\u003cp>Okobi was taken to the hospital and pronounced dead, according to an Oct. 3 Sheriff's Office \u003ca href=\"http://smcsheriff.com/sites/default/files/articles/18-09733.pdf\" target=\"_blank\" rel=\"noopener\">press release\u003c/a>. A deputy was treated for a cut and released from the hospital, and multiple deputies were treated for exposure to pepper spray, Wagstaffe said.\u003c/p>\n\u003cp>Video taken by two bystanders and provided to the family's attorney, John Burris, shows multiple deputies wrestling with Okobi, Burris said Tuesday. His office has not made those videos public.\u003c/p>\n\u003cp>\"I see on the video where they take his body and they toss it around like he’s a rag muffin, and he falls down — they’re on top of him,\" Burris said. \"And he gets up and he begins to run.\"\u003c/p>\n\u003cp>Okobi was then taken to the ground by five deputies, Burris said, and he lost consciousness. But the bystander videos don't capture the whole encounter, he said. Burris is calling for the release of police dashboard camera video and any other videos collected in the case.\u003c/p>\n\u003cp>The District Attorney's Office is leading an investigation into Okoboi's death. Wagstaffe said Tuesday that he intends to release videos in the case within 45 days of the incident. That timing pre-emptively follows a \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">new state law\u003c/a> that sets the deadline but doesn't take effect until July.\u003c/p>\n\u003cp>Wagstaffe said all of the witnesses in the case should be interviewed before they have a chance to watch the footage. He said prosecutors plan to release that evidence ahead of a criminal charging decision in the case, which Wagstaffe expected in about two months.\u003c/p>\n\u003cp>Two deputies used a Taser during the incident, for a total of three to four times, according to Wagstaffe. He said he also plans to release data recorded by the Tasers, including the number of deployments and shocks.\u003c/p>\n\u003cp>The Sheriff's Office has identified five employees involved in the arrest: deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang and Bryan Watt and Sgt. David Weidner.\u003c/p>\n\u003cp>All had been interviewed and were on administrative leave as of last week, Wagstaffe said. The Sheriff's Office cited an ongoing investigation and did not answer specific questions about the case or the deputies involved.\u003c/p>\n\u003cp>More than 200 people gathered for a memorial service Tuesday for Chinedu Okobi at the Ministerios Cosecha church in San Francisco. Family members remembered Okobi as a jovial, quick-witted man committed to his family.\u003c/p>\n\u003cp>They said he paid child support for his 12-year-old daughter from an unemployment check the day before he died and expressed disbelief at the circumstances of his death.\u003c/p>\n\u003cp>His sister, Ebele Okobi, remembered Okobi, the youngest of five siblings, as a dignified toddler with chubby cheeks.\u003c/p>\n\u003cp>\"He was also one of those serious-faced babies who look like tiny judges,\" Ebele Okobi said during the memorial service. \"I still remember him pulling himself up to his full 2.5 feet to say ‘stop yaffing at me’ when he said something we found hilarious.\"\u003c/p>\n\u003cp>Chinedu Okobi graduated with a degree in business administration from Atlanta's Morehouse College. He began to experience mental illness in 2009, his family said, but he held a series of jobs including working as a truck driver for Home Depot until January.\u003c/p>\n\u003cp>Family members said a psychiatric emergency may have caused him to walk into traffic on Oct. 3.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Maybe there’s another approach here,\" Burris said. \"Maybe it’s called de-escalation. Maybe it’s talking to that person in a reasonable manner.\"\u003c/p>\n\n","blocks":[],"excerpt":"Police dispatch audio describes three Taser strikes and pepper spray deployed against 36-year-old Chinedu Okobi, an unarmed man deputies confronted on a Millbrae street.","status":"publish","parent":0,"modified":1539816719,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":861},"headData":{"title":"Family of Peninsula Man Tasered by Deputies Seeks Video of Fatal Encounter | KQED","description":"Police dispatch audio describes three Taser strikes and pepper spray deployed against 36-year-old Chinedu Okobi, an unarmed man deputies confronted on a Millbrae street.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Family of Peninsula Man Tasered by Deputies Seeks Video of Fatal Encounter","datePublished":"2018-10-17T16:10:11.000Z","dateModified":"2018-10-17T22:51:59.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11699375 https://ww2.kqed.org/news/?p=11699375","disqusUrl":"https://ww2.kqed.org/news/2018/10/17/family-of-man-killed-after-san-mateo-sheriffs-taser-shocks-demands-video-release/","disqusTitle":"Family of Peninsula Man Tasered by Deputies Seeks Video of Fatal Encounter","path":"/news/11699375/family-of-man-killed-after-san-mateo-sheriffs-taser-shocks-demands-video-release","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The family of a Redwood City man, who died after multiple shocks from sheriff deputies' Tasers earlier this month, is calling on San Mateo County prosecutors to turn over any video footage of the deadly encounter.\u003c/p>\n\u003cp>\"What was taken from us is irretrievable,\" \u003ca href=\"https://www.kqed.org/news/11696828/san-mateo-d-a-says-man-who-died-after-deputy-tased-him-was-unarmed\" target=\"_blank\" rel=\"noopener\">Chinedu Valentine Okobi\u003c/a>'s sister Ebele Okobi told reporters after a funeral service in San Francisco on Tuesday.\u003c/p>\n\u003cp>\"We will never get him back. We are just begging for the opportunity to be able to not have him murdered again by not knowing what happened to our brother,\" she said.\u003c/p>\n\u003cp>The case has \u003ca href=\"https://www.nytimes.com/2018/10/16/us/chinedu-okobi-police-killing.html\" target=\"_blank\" rel=\"noopener\">received\u003c/a> international \u003ca href=\"https://www.theguardian.com/us-news/2018/oct/16/san-francisco-sheriff-taser-chinedu-okobi-death-police\" target=\"_blank\" rel=\"noopener\">attention\u003c/a>, driven in part by Ebele Okobi's career as a high-level Facebook executive.\u003c/p>\n\u003cp>Deputies approached 36-year-old Chinedu Okobi at about 1 p.m. on Oct. 3, according to the San Mateo County Sheriff's Office. He was on foot and moving in and out of traffic.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>San Mateo County District Attorney Steve Wagstaffe has said Okobi was unarmed at the time of the incident.\u003c/p>\n\u003cp>In dispatch audio of communication by the sheriff's department, archived by Broadcastify.com, a voice appearing to belong to a male deputy can be heard reporting a black man, 6 feet tall and about 220 pounds “running in traffic” on El Camino Real in Millbrae, near the intersection of Santa Helena Avenue.\u003c/p>\n\u003cp>The deputy reported a Taser deployment about a minute later, then said as someone yells in the background: \"Still resisting, third Taser deployment.\"\u003c/p>\n\u003cp>Another voice arriving on scene a few minutes later requested more units.\u003c/p>\n\u003cp>\"We have a crime scene,\" he said. \"Looks like they had pepper-sprayed the subject as well as multiple Taser deployments.\"\u003c/p>\n\u003cp>Okobi was taken to the hospital and pronounced dead, according to an Oct. 3 Sheriff's Office \u003ca href=\"http://smcsheriff.com/sites/default/files/articles/18-09733.pdf\" target=\"_blank\" rel=\"noopener\">press release\u003c/a>. A deputy was treated for a cut and released from the hospital, and multiple deputies were treated for exposure to pepper spray, Wagstaffe said.\u003c/p>\n\u003cp>Video taken by two bystanders and provided to the family's attorney, John Burris, shows multiple deputies wrestling with Okobi, Burris said Tuesday. His office has not made those videos public.\u003c/p>\n\u003cp>\"I see on the video where they take his body and they toss it around like he’s a rag muffin, and he falls down — they’re on top of him,\" Burris said. \"And he gets up and he begins to run.\"\u003c/p>\n\u003cp>Okobi was then taken to the ground by five deputies, Burris said, and he lost consciousness. But the bystander videos don't capture the whole encounter, he said. Burris is calling for the release of police dashboard camera video and any other videos collected in the case.\u003c/p>\n\u003cp>The District Attorney's Office is leading an investigation into Okoboi's death. Wagstaffe said Tuesday that he intends to release videos in the case within 45 days of the incident. That timing pre-emptively follows a \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">new state law\u003c/a> that sets the deadline but doesn't take effect until July.\u003c/p>\n\u003cp>Wagstaffe said all of the witnesses in the case should be interviewed before they have a chance to watch the footage. He said prosecutors plan to release that evidence ahead of a criminal charging decision in the case, which Wagstaffe expected in about two months.\u003c/p>\n\u003cp>Two deputies used a Taser during the incident, for a total of three to four times, according to Wagstaffe. He said he also plans to release data recorded by the Tasers, including the number of deployments and shocks.\u003c/p>\n\u003cp>The Sheriff's Office has identified five employees involved in the arrest: deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang and Bryan Watt and Sgt. David Weidner.\u003c/p>\n\u003cp>All had been interviewed and were on administrative leave as of last week, Wagstaffe said. The Sheriff's Office cited an ongoing investigation and did not answer specific questions about the case or the deputies involved.\u003c/p>\n\u003cp>More than 200 people gathered for a memorial service Tuesday for Chinedu Okobi at the Ministerios Cosecha church in San Francisco. Family members remembered Okobi as a jovial, quick-witted man committed to his family.\u003c/p>\n\u003cp>They said he paid child support for his 12-year-old daughter from an unemployment check the day before he died and expressed disbelief at the circumstances of his death.\u003c/p>\n\u003cp>His sister, Ebele Okobi, remembered Okobi, the youngest of five siblings, as a dignified toddler with chubby cheeks.\u003c/p>\n\u003cp>\"He was also one of those serious-faced babies who look like tiny judges,\" Ebele Okobi said during the memorial service. \"I still remember him pulling himself up to his full 2.5 feet to say ‘stop yaffing at me’ when he said something we found hilarious.\"\u003c/p>\n\u003cp>Chinedu Okobi graduated with a degree in business administration from Atlanta's Morehouse College. He began to experience mental illness in 2009, his family said, but he held a series of jobs including working as a truck driver for Home Depot until January.\u003c/p>\n\u003cp>Family members said a psychiatric emergency may have caused him to walk into traffic on Oct. 3.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Maybe there’s another approach here,\" Burris said. \"Maybe it’s called de-escalation. Maybe it’s talking to that person in a reasonable manner.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11699375/family-of-man-killed-after-san-mateo-sheriffs-taser-shocks-demands-video-release","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_24250","news_19542","news_18563","news_20846","news_17656"],"featImg":"news_11699379","label":"news"},"news_11130086":{"type":"posts","id":"news_11130086","meta":{"index":"posts_1591205157","site":"news","id":"11130086","score":null,"sort":[1476743567000]},"guestAuthors":[],"slug":"ada-claim-heads-for-trial-in-berkeley-police-in-custody-death-case","title":"ADA Claim Heads for Trial in Berkeley Police In-Custody Death Case","publishDate":1476743567,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A federal judge has allowed part of a wrongful death lawsuit to move forward, filed on behalf of a transgender woman who died in a struggle with Berkeley police in 2013.\u003c/p>\n\u003cp>Kayla Moore's family \u003ca href=\"http://www.dailycal.org/2014/02/19/father-kayla-moore-sues-city-wrongful-death/\" target=\"_blank\">sued the city\u003c/a> and eight Berkeley police officers for causing Moore's death by using excessive force and not taking Moore's paranoid schizophrenia into account when attempting to take her into custody.\u003c/p>\n\u003cp>U.S. District Judge Charles Breyer dismissed the excessive force complaint but is allowing a claim to go before a jury that officers violated the Americans with Disabilities Act by failing to account for Moore's mental illness. Berkeley was asking the judge to dismiss the entire lawsuit based on lack of evidence.\u003cbr>\n[contextly_sidebar id=\"KZAbjkTJV69kCo8LT0TVey60L7X4YnKB\"]\u003cbr>\n\"[Moore's family] claims that the officers killed Moore by using excessive force. As an initial matter, the officers argue that there is no evidence they caused Moore’s death, and so there can be no claim for excessive force. They are wrong,\" Breyer wrote in his \u003ca href=\"#order\">order\u003c/a>, which cites another \u003ca href=\"https://ww2.kqed.org/news/2016/10/14/landmark-s-f-case-on-police-force-and-mental-illness-settles-for-1-million/\" target=\"_blank\">landmark case\u003c/a> he presided over that applied the ADA to police use-of-force cases.\u003c/p>\n\u003cp>Kayla Moore's roommate called police on Feb. 12, 2013, to tell them that Moore was on drugs, in the midst of a psychotic episode and needed to be hospitalized. Moore had a history of paranoid schizophrenia and drug use and had previously been taken into protective custody for mental evaluation several times, according to Breyer's order and other filings in the case.\u003c/p>\n\u003cp>Moore's initial conversation with Officer \u003ca href=\"http://www.dailycal.org/2014/08/04/berkeley-police-officer-union-sue-city-leaked-information/\" target=\"_blank\">Gwendolyn Brown\u003c/a> was cordial, but it didn't make sense.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Unable to grasp the situation, Moore rambled about 'dinosaurs' and being followed by 'the FBI,' \" Breyer wrote in his order. \"They kept talking but Officer Brown could not get Moore 'back on track.' Moore’s demeanor switched from bubbly to paranoid to angry to fearful and back again. After 15-20 minutes, Officer Brown decided to take Moore into custody.\"\u003c/p>\n\u003cp>But the 350-pound Moore struggled, and several officers ended up on top of her to restrain her. During the struggle, Moore stopped breathing and was later pronounced dead.\u003c/p>\n\u003cp>The Alameda County Coroner's Bureau found that Moore died of “acute combined drug intoxication with a contribution from morbid obesity and intrinsic cardiovascular disease.\" However, Dr. Werner Spitz, a medical expert hired by the plaintiffs, found that Moore did not have enough drugs in her system to cause her death and she likely died because of oxygen deprivation caused by the officers compressing her chest.\u003c/p>\n\u003cp>\"The whole point of independent medical analysis -- whether from the coroner, Dr. Spitz or another qualified expert -- is to test whether the officers’ account can be believed,\" Breyer wrote. \"And it matters all the more in cases pitting the word of the police against the silence of the dead. This is such a case.\"\u003c/p>\n\u003cp>While Breyer dismissed the claim of excessive force, he did not dismiss the family's argument that police failed to reasonably accommodate Moore's mental illness during the arrest, which would violate the ADA.\u003c/p>\n\u003cp>The city argued in court filings that Moore's drug use precluded her definition as a person with a disability under the ADA, and even if that failed, Brown's 15-to-20-minute conversation with Moore was an attempt to accommodate her disability. Finally, the city argued that plaintiffs failed in their burden to identify an appropriate accommodation.\u003c/p>\n\u003cp>Breyer disagreed.\u003cbr>\n\u003ca name=\"order\">\u003c/a>\u003cbr>\n\"Plaintiff could have ... easily argued that following their training -- which presumably counsels against going 'hands-on' with people terrified that 'the FBI' is after them -- would be accommodation enough,\" Breyer wrote. \"A reasonable jury could agree.\"\u003c/p>\n\u003cp>\u003cem>Read Breyer's order below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=327929456 key=key-sPBx0agS7VA5hK85UZnx mode=scroll]\u003c/p>\n\n","blocks":[],"excerpt":"Judge rules that a jury could find officers' attempt to forcefully arrest transgender woman with paranoid schizophrenia violated federal protections for people with disabilities.","status":"publish","parent":0,"modified":1476745600,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":634},"headData":{"title":"ADA Claim Heads for Trial in Berkeley Police In-Custody Death Case | KQED","description":"Judge rules that a jury could find officers' attempt to forcefully arrest transgender woman with paranoid schizophrenia violated federal protections for people with disabilities.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"ADA Claim Heads for Trial in Berkeley Police In-Custody Death Case","datePublished":"2016-10-17T22:32:47.000Z","dateModified":"2016-10-17T23:06:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11130086 http://ww2.kqed.org/news/?p=11130086","disqusUrl":"https://ww2.kqed.org/news/2016/10/17/ada-claim-heads-for-trial-in-berkeley-police-in-custody-death-case/","disqusTitle":"ADA Claim Heads for Trial in Berkeley Police In-Custody Death Case","path":"/news/11130086/ada-claim-heads-for-trial-in-berkeley-police-in-custody-death-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge has allowed part of a wrongful death lawsuit to move forward, filed on behalf of a transgender woman who died in a struggle with Berkeley police in 2013.\u003c/p>\n\u003cp>Kayla Moore's family \u003ca href=\"http://www.dailycal.org/2014/02/19/father-kayla-moore-sues-city-wrongful-death/\" target=\"_blank\">sued the city\u003c/a> and eight Berkeley police officers for causing Moore's death by using excessive force and not taking Moore's paranoid schizophrenia into account when attempting to take her into custody.\u003c/p>\n\u003cp>U.S. District Judge Charles Breyer dismissed the excessive force complaint but is allowing a claim to go before a jury that officers violated the Americans with Disabilities Act by failing to account for Moore's mental illness. Berkeley was asking the judge to dismiss the entire lawsuit based on lack of evidence.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"[Moore's family] claims that the officers killed Moore by using excessive force. As an initial matter, the officers argue that there is no evidence they caused Moore’s death, and so there can be no claim for excessive force. They are wrong,\" Breyer wrote in his \u003ca href=\"#order\">order\u003c/a>, which cites another \u003ca href=\"https://ww2.kqed.org/news/2016/10/14/landmark-s-f-case-on-police-force-and-mental-illness-settles-for-1-million/\" target=\"_blank\">landmark case\u003c/a> he presided over that applied the ADA to police use-of-force cases.\u003c/p>\n\u003cp>Kayla Moore's roommate called police on Feb. 12, 2013, to tell them that Moore was on drugs, in the midst of a psychotic episode and needed to be hospitalized. Moore had a history of paranoid schizophrenia and drug use and had previously been taken into protective custody for mental evaluation several times, according to Breyer's order and other filings in the case.\u003c/p>\n\u003cp>Moore's initial conversation with Officer \u003ca href=\"http://www.dailycal.org/2014/08/04/berkeley-police-officer-union-sue-city-leaked-information/\" target=\"_blank\">Gwendolyn Brown\u003c/a> was cordial, but it didn't make sense.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Unable to grasp the situation, Moore rambled about 'dinosaurs' and being followed by 'the FBI,' \" Breyer wrote in his order. \"They kept talking but Officer Brown could not get Moore 'back on track.' Moore’s demeanor switched from bubbly to paranoid to angry to fearful and back again. After 15-20 minutes, Officer Brown decided to take Moore into custody.\"\u003c/p>\n\u003cp>But the 350-pound Moore struggled, and several officers ended up on top of her to restrain her. During the struggle, Moore stopped breathing and was later pronounced dead.\u003c/p>\n\u003cp>The Alameda County Coroner's Bureau found that Moore died of “acute combined drug intoxication with a contribution from morbid obesity and intrinsic cardiovascular disease.\" However, Dr. Werner Spitz, a medical expert hired by the plaintiffs, found that Moore did not have enough drugs in her system to cause her death and she likely died because of oxygen deprivation caused by the officers compressing her chest.\u003c/p>\n\u003cp>\"The whole point of independent medical analysis -- whether from the coroner, Dr. Spitz or another qualified expert -- is to test whether the officers’ account can be believed,\" Breyer wrote. \"And it matters all the more in cases pitting the word of the police against the silence of the dead. This is such a case.\"\u003c/p>\n\u003cp>While Breyer dismissed the claim of excessive force, he did not dismiss the family's argument that police failed to reasonably accommodate Moore's mental illness during the arrest, which would violate the ADA.\u003c/p>\n\u003cp>The city argued in court filings that Moore's drug use precluded her definition as a person with a disability under the ADA, and even if that failed, Brown's 15-to-20-minute conversation with Moore was an attempt to accommodate her disability. Finally, the city argued that plaintiffs failed in their burden to identify an appropriate accommodation.\u003c/p>\n\u003cp>Breyer disagreed.\u003cbr>\n\u003ca name=\"order\">\u003c/a>\u003cbr>\n\"Plaintiff could have ... easily argued that following their training -- which presumably counsels against going 'hands-on' with people terrified that 'the FBI' is after them -- would be accommodation enough,\" Breyer wrote. \"A reasonable jury could agree.\"\u003c/p>\n\u003cp>\u003cem>Read Breyer's order below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/327929456/content?start_page=1&view_mode=&access_key=key-sPBx0agS7VA5hK85UZnx\"\n title=\"http://www.scribd.com/doc/327929456\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_327929456\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/327929456\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11130086/ada-claim-heads-for-trial-in-berkeley-police-in-custody-death-case","authors":["11260","3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18199","news_19542","news_18563"],"featImg":"news_11133967","label":"news_6944"},"news_10779105":{"type":"posts","id":"news_10779105","meta":{"index":"posts_1591205157","site":"news","id":"10779105","score":null,"sort":[1449158452000]},"guestAuthors":[],"slug":"eight-months-after-in-custody-death-a-brother-still-hunts-for-answers","title":"Eight Months After In-Custody Death, a Brother Still Hunts for Answers","publishDate":1449158452,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>It was a little after 10 a.m. on April 3, 2015, that Darnell Benson was reported to be standing on a stranger’s balcony at a Bayview apartment complex and threatening to jump.\u003c/p>\n\u003cp>A woman who lived there spotted him and phoned her mother, who in turn dialed 911, according to Sgt. Michael Andraychak, a San Francisco Police Department spokesman.\u003c/p>\n\u003cp>“The resident reported a male was threatening to jump from the balcony,” according to a San Francisco medical examiner’s report obtained by KQED. “When officers arrived, they approached the subject, and convinced him to come off of the balcony.”\u003c/p>\n\u003cp>Less than three hours later, Benson lost his pulse in an ambulance en route to San Francisco General Hospital, with a police officer by his side. He regained a pulse thanks to work by paramedics but ultimately landed in the intensive care unit, where a CT scan revealed loss of brain function. Benson died three days later.\u003c/p>\n\u003cp>Family members snapped pictures of him as he was lying in the hospital bed. The photos show a deep purple bruise across his face and another bruise on the top of his head. The medical examiner’s report later documented bruises on his back and abrasions on his wrists.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The details of what happened from the time Benson was arrested until the time he was lying on a gurney and rushed through the doors of the emergency room differ slightly, depending on which city agency you ask. Eight months after his death, parallel investigations into the incident remain underway at the San Francisco Sheriff’s Department and the SFPD.\u003c/p>\n\u003cp>\u003cstrong>Arrested for Traffic Warrant\u003c/strong>\u003c/p>\n\u003cp>Benson, who was 5-foot-10 and weighed 215 pounds, was a father who “was very religious and ... had changed his life, like the course of his life,” according to his brother, Derrick Benson, who described Darnell as a devout Muslim who was caring and had signed up to be an organ donor. The 40-year-old black San Francisco resident had been working several jobs, according to his obituary, including as an Uber driver.\u003c/p>\n\u003cp>Benson had also cycled in and out of the criminal justice system and battled psychological issues in the past -- he’d previously been diagnosed with paranoid schizophrenia and PTSD. He'd been hospitalized, too, having suffered a gunshot wound in the early 1990s and a brain aneurysm about a decade later.\u003c/p>\n\u003cp>“For years they said that, you know, he has been diagnosed with post-traumatic stress and stuff like that,” Derrick Benson said, noting that he and his brother rarely discussed such things, even though they were close. “That would have been like, you know, irrelevant conversation for me and him.\"\u003c/p>\n\u003cfigure id=\"attachment_10779737\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson.jpg\">\u003cimg class=\"size-medium wp-image-10779737\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-800x800.jpg\" alt=\"Brothers Derrick and Darnell Benson, in an undated photo.\" width=\"800\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-400x400.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-75x75.jpg 75w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brothers Derrick and Darnell Benson, in an undated photo. \u003ccite>(Photo courtesy Derrick Benson)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Just after Benson was coaxed off the balcony, according to the SFPD’s Andraychak, officers placed him in handcuffs on suspicion of trespassing.\u003c/p>\n\u003cp>But “the resident declined to press charges for trespassing,” the police spokesman said. “He had an outstanding warrant for an arrest, so he was taken to Bayview Station.”\u003c/p>\n\u003cp>According to the medical examiner’s report, he was then arrested on an outstanding traffic warrant. Derrick Benson said he’d first learned of this in a conversation with Michael Hoogasian, an investigator with the medical examiner’s office, shortly after his brother had passed away.\u003c/p>\n\u003cp>“My question to Hoogasian immediately was: Why didn’t they get him the help that he needed?” Derrick Benson said. “Why would they take him to jail for a traffic warrant? It’s kind of well-known in San Francisco that traffic warrants and petty stuff like that, you know, you don’t even get taken to jail for that. You get cited out.”\u003c/p>\n\u003cp>Based on the medical examiner’s account, Benson appears to have been suicidal. A training manual issued by the San Francisco Department of Public Health’s Community Behavioral Health Services notes that police have probable cause to detain an individual when “the person … is a danger to himself or others.”\u003c/p>\n\u003cp>It’s protocol in these cases to transfer the individual to a designated facility, such as San Francisco General Hospital, for 72-hour psychiatric treatment and evaluation. In the state of California, that’s known as a 5150 hold.\u003c/p>\n\u003cp>“If SFPD determines that someone is a 5150 and they are taken to San Francisco General Hospital, we have our Psychiatric Services unit work with them,” Department of Public Health spokeswoman Nancy Sarieh explained in an email to KQED. In Benson’s case, this didn’t happen.\u003c/p>\n\u003cp>\u003cstrong>Refused From Jail\u003c/strong>\u003c/p>\n\u003cp>After his identity was confirmed and the warrant was verified, Benson was taken from the Bayview Police Station to the San Francisco County Jail at 425 Seventh St., according to Andraychak’s account and the medical examiner’s record.\u003c/p>\n\u003cp>“At the county jail,” sheriff's spokeswoman Kenya Briggs wrote in an email, “he was refused entry for medical reasons. He was referred to San Francisco General Hospital.”\u003c/p>\n\u003cp>Derrick Benson said that, as soon as funeral services for his brother ended, he started gathering every available scrap of information that offered clues about his brother’s death in an attempt to piece together a timeline. When he met with a “high-ranking member” of the Sheriff’s Department, he says he asked what happened when police officers brought his brother to the jail.\u003c/p>\n\u003cp>“What I was told was that my brother wasn’t supposed to be there in the first place,” Benson said. “They said, ‘When he got to our jail, we basically corrected a wrong,’ ” by referring him to the psych ward at S.F. General instead of allowing him to be booked.\u003c/p>\n\u003cp>According to the medical examiner’s record, “While in the process of being booked, [Benson] voiced suicidal ideations to a member of the jail staff. [He] was being prepared for transport to San Francisco General Hospital … when he became uncooperative with officers.”\u003c/p>\n\u003cp>\u003cstrong>Six-Minute Scuffle\u003c/strong>\u003c/p>\n\u003cp>His behavior had changed suddenly -- Benson was reportedly screaming, speaking nonsensically and threatening to kill himself, according to a note from a jail therapist that Derrick Benson allowed KQED to review.\u003c/p>\n\u003cp>“He became very agitated and aggressive,” Andraychak said. “He’d been cooperative throughout the entire process prior. He was restrained by sheriff’s deputies and a San Francisco police officer.”\u003c/p>\n\u003cp>According to the medical examiner’s report, officers put handcuffs on Benson’s wrists and ankles, and placed a spit mask over his face, all “while in the booking station.” But a handwritten note on an inpatient initial visit form prepared by a hospital employee provides a different account, saying Benson was “being taken out to [a] squad car when [he] began resisting, was wrestled to [the] ground, [and] placed in shackles. After about six minutes of a scuffle he stopped resisting and was noted to be less responsive.”\u003c/p>\n\u003cp>Benson’s brother says he’s examined the possible sequence of events from every angle. “From 12:18 … until the paramedics were by his side at 12:31, those 13 minutes right there, that window is where the unthinkable happens,” he said. “He was left ‘limp and unresponsive’ after this point. So he was already handcuffed … when the ambulance found him, he was hogtied. … I mean, what can you do, if you’re handcuffed and you’re in jail? I mean, how much can you do?”\u003c/p>\n\u003cp>The handwritten note on the hospital form contains another detail: “Unclear on timing, but got Versed and was placed in ambulance.” Versed is the brand name of a drug called midazolam, which is sometimes administered before surgical operations to decrease anxiety or cause a patient to forget the painful details of a procedure. Records suggest paramedics gave Benson the maximum recommended dose.\u003c/p>\n\u003cp>“While en route to the hospital, [Benson] became unresponsive,” the medical examiner’s report states, noting that paramedics initiated CPR on the way to the ER.\u003c/p>\n\u003cp>\u003cstrong>Death Ruled Accidental\u003c/strong>\u003c/p>\n\u003cp>For roughly eight months, the official cause of Benson’s death was listed as “pending.” In late November, the medical examiner released its final report, concluding that his death was an accident caused by “complications of acute methamphetamine and cocaine intoxication.”\u003c/p>\n\u003cp>Asked why it had taken so long to prepare the document, Medical Examiner's Office spokesman Christopher Wirowek answered, “Due to the location of the death, the totality of circumstance was carefully assessed before drawing a conclusion to this multifaceted interagency investigation.”\u003c/p>\n\u003cp>To date, a police incident report and a security video that captured officers’ handling of Benson at San Francisco County Jail have been withheld from Benson’s family and media on the grounds that they pertain to open and active investigations. The police officers involved in the incident were reassigned to administrative duties when the SFPD’s internal affairs and homicide detail divisions began looking into the matter, according to Andraychak.\u003c/p>\n\u003cp>Derrick Benson says he and his family have been left without a sense of closure. “For them to label my brother’s death some type of accidental drug thing, I feel like … he’s being maligned by the city and county of San Francisco,” he said. “Or they are quickly making determinations without looking at everything as a whole.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>He said he views it as a matter of accountability. “It’s like everybody is so defensive, and tight-lipped. It’s nontransparent, you know, in a situation where somebody was killed. This is not the Wild, Wild West -- you have to have explanations today.”\u003c/p>\n\n","blocks":[],"excerpt":"Based on the medical examiner’s account, Darnell Benson appears to have been suicidal when arrested.","status":"publish","parent":0,"modified":1449163957,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1689},"headData":{"title":"Eight Months After In-Custody Death, a Brother Still Hunts for Answers | KQED","description":"Based on the medical examiner’s account, Darnell Benson appears to have been suicidal when arrested.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Eight Months After In-Custody Death, a Brother Still Hunts for Answers","datePublished":"2015-12-03T16:00:52.000Z","dateModified":"2015-12-03T17:32:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10779105 http://ww2.kqed.org/news/?p=10779105","disqusUrl":"https://ww2.kqed.org/news/2015/12/03/eight-months-after-in-custody-death-a-brother-still-hunts-for-answers/","disqusTitle":"Eight Months After In-Custody Death, a Brother Still Hunts for Answers","path":"/news/10779105/eight-months-after-in-custody-death-a-brother-still-hunts-for-answers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It was a little after 10 a.m. on April 3, 2015, that Darnell Benson was reported to be standing on a stranger’s balcony at a Bayview apartment complex and threatening to jump.\u003c/p>\n\u003cp>A woman who lived there spotted him and phoned her mother, who in turn dialed 911, according to Sgt. Michael Andraychak, a San Francisco Police Department spokesman.\u003c/p>\n\u003cp>“The resident reported a male was threatening to jump from the balcony,” according to a San Francisco medical examiner’s report obtained by KQED. “When officers arrived, they approached the subject, and convinced him to come off of the balcony.”\u003c/p>\n\u003cp>Less than three hours later, Benson lost his pulse in an ambulance en route to San Francisco General Hospital, with a police officer by his side. He regained a pulse thanks to work by paramedics but ultimately landed in the intensive care unit, where a CT scan revealed loss of brain function. Benson died three days later.\u003c/p>\n\u003cp>Family members snapped pictures of him as he was lying in the hospital bed. The photos show a deep purple bruise across his face and another bruise on the top of his head. The medical examiner’s report later documented bruises on his back and abrasions on his wrists.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The details of what happened from the time Benson was arrested until the time he was lying on a gurney and rushed through the doors of the emergency room differ slightly, depending on which city agency you ask. Eight months after his death, parallel investigations into the incident remain underway at the San Francisco Sheriff’s Department and the SFPD.\u003c/p>\n\u003cp>\u003cstrong>Arrested for Traffic Warrant\u003c/strong>\u003c/p>\n\u003cp>Benson, who was 5-foot-10 and weighed 215 pounds, was a father who “was very religious and ... had changed his life, like the course of his life,” according to his brother, Derrick Benson, who described Darnell as a devout Muslim who was caring and had signed up to be an organ donor. The 40-year-old black San Francisco resident had been working several jobs, according to his obituary, including as an Uber driver.\u003c/p>\n\u003cp>Benson had also cycled in and out of the criminal justice system and battled psychological issues in the past -- he’d previously been diagnosed with paranoid schizophrenia and PTSD. He'd been hospitalized, too, having suffered a gunshot wound in the early 1990s and a brain aneurysm about a decade later.\u003c/p>\n\u003cp>“For years they said that, you know, he has been diagnosed with post-traumatic stress and stuff like that,” Derrick Benson said, noting that he and his brother rarely discussed such things, even though they were close. “That would have been like, you know, irrelevant conversation for me and him.\"\u003c/p>\n\u003cfigure id=\"attachment_10779737\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson.jpg\">\u003cimg class=\"size-medium wp-image-10779737\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-800x800.jpg\" alt=\"Brothers Derrick and Darnell Benson, in an undated photo.\" width=\"800\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-400x400.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/Derrick-and-Darnell-Benson-75x75.jpg 75w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brothers Derrick and Darnell Benson, in an undated photo. \u003ccite>(Photo courtesy Derrick Benson)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Just after Benson was coaxed off the balcony, according to the SFPD’s Andraychak, officers placed him in handcuffs on suspicion of trespassing.\u003c/p>\n\u003cp>But “the resident declined to press charges for trespassing,” the police spokesman said. “He had an outstanding warrant for an arrest, so he was taken to Bayview Station.”\u003c/p>\n\u003cp>According to the medical examiner’s report, he was then arrested on an outstanding traffic warrant. Derrick Benson said he’d first learned of this in a conversation with Michael Hoogasian, an investigator with the medical examiner’s office, shortly after his brother had passed away.\u003c/p>\n\u003cp>“My question to Hoogasian immediately was: Why didn’t they get him the help that he needed?” Derrick Benson said. “Why would they take him to jail for a traffic warrant? It’s kind of well-known in San Francisco that traffic warrants and petty stuff like that, you know, you don’t even get taken to jail for that. You get cited out.”\u003c/p>\n\u003cp>Based on the medical examiner’s account, Benson appears to have been suicidal. A training manual issued by the San Francisco Department of Public Health’s Community Behavioral Health Services notes that police have probable cause to detain an individual when “the person … is a danger to himself or others.”\u003c/p>\n\u003cp>It’s protocol in these cases to transfer the individual to a designated facility, such as San Francisco General Hospital, for 72-hour psychiatric treatment and evaluation. In the state of California, that’s known as a 5150 hold.\u003c/p>\n\u003cp>“If SFPD determines that someone is a 5150 and they are taken to San Francisco General Hospital, we have our Psychiatric Services unit work with them,” Department of Public Health spokeswoman Nancy Sarieh explained in an email to KQED. In Benson’s case, this didn’t happen.\u003c/p>\n\u003cp>\u003cstrong>Refused From Jail\u003c/strong>\u003c/p>\n\u003cp>After his identity was confirmed and the warrant was verified, Benson was taken from the Bayview Police Station to the San Francisco County Jail at 425 Seventh St., according to Andraychak’s account and the medical examiner’s record.\u003c/p>\n\u003cp>“At the county jail,” sheriff's spokeswoman Kenya Briggs wrote in an email, “he was refused entry for medical reasons. He was referred to San Francisco General Hospital.”\u003c/p>\n\u003cp>Derrick Benson said that, as soon as funeral services for his brother ended, he started gathering every available scrap of information that offered clues about his brother’s death in an attempt to piece together a timeline. When he met with a “high-ranking member” of the Sheriff’s Department, he says he asked what happened when police officers brought his brother to the jail.\u003c/p>\n\u003cp>“What I was told was that my brother wasn’t supposed to be there in the first place,” Benson said. “They said, ‘When he got to our jail, we basically corrected a wrong,’ ” by referring him to the psych ward at S.F. General instead of allowing him to be booked.\u003c/p>\n\u003cp>According to the medical examiner’s record, “While in the process of being booked, [Benson] voiced suicidal ideations to a member of the jail staff. [He] was being prepared for transport to San Francisco General Hospital … when he became uncooperative with officers.”\u003c/p>\n\u003cp>\u003cstrong>Six-Minute Scuffle\u003c/strong>\u003c/p>\n\u003cp>His behavior had changed suddenly -- Benson was reportedly screaming, speaking nonsensically and threatening to kill himself, according to a note from a jail therapist that Derrick Benson allowed KQED to review.\u003c/p>\n\u003cp>“He became very agitated and aggressive,” Andraychak said. “He’d been cooperative throughout the entire process prior. He was restrained by sheriff’s deputies and a San Francisco police officer.”\u003c/p>\n\u003cp>According to the medical examiner’s report, officers put handcuffs on Benson’s wrists and ankles, and placed a spit mask over his face, all “while in the booking station.” But a handwritten note on an inpatient initial visit form prepared by a hospital employee provides a different account, saying Benson was “being taken out to [a] squad car when [he] began resisting, was wrestled to [the] ground, [and] placed in shackles. After about six minutes of a scuffle he stopped resisting and was noted to be less responsive.”\u003c/p>\n\u003cp>Benson’s brother says he’s examined the possible sequence of events from every angle. “From 12:18 … until the paramedics were by his side at 12:31, those 13 minutes right there, that window is where the unthinkable happens,” he said. “He was left ‘limp and unresponsive’ after this point. So he was already handcuffed … when the ambulance found him, he was hogtied. … I mean, what can you do, if you’re handcuffed and you’re in jail? I mean, how much can you do?”\u003c/p>\n\u003cp>The handwritten note on the hospital form contains another detail: “Unclear on timing, but got Versed and was placed in ambulance.” Versed is the brand name of a drug called midazolam, which is sometimes administered before surgical operations to decrease anxiety or cause a patient to forget the painful details of a procedure. Records suggest paramedics gave Benson the maximum recommended dose.\u003c/p>\n\u003cp>“While en route to the hospital, [Benson] became unresponsive,” the medical examiner’s report states, noting that paramedics initiated CPR on the way to the ER.\u003c/p>\n\u003cp>\u003cstrong>Death Ruled Accidental\u003c/strong>\u003c/p>\n\u003cp>For roughly eight months, the official cause of Benson’s death was listed as “pending.” In late November, the medical examiner released its final report, concluding that his death was an accident caused by “complications of acute methamphetamine and cocaine intoxication.”\u003c/p>\n\u003cp>Asked why it had taken so long to prepare the document, Medical Examiner's Office spokesman Christopher Wirowek answered, “Due to the location of the death, the totality of circumstance was carefully assessed before drawing a conclusion to this multifaceted interagency investigation.”\u003c/p>\n\u003cp>To date, a police incident report and a security video that captured officers’ handling of Benson at San Francisco County Jail have been withheld from Benson’s family and media on the grounds that they pertain to open and active investigations. The police officers involved in the incident were reassigned to administrative duties when the SFPD’s internal affairs and homicide detail divisions began looking into the matter, according to Andraychak.\u003c/p>\n\u003cp>Derrick Benson says he and his family have been left without a sense of closure. “For them to label my brother’s death some type of accidental drug thing, I feel like … he’s being maligned by the city and county of San Francisco,” he said. “Or they are quickly making determinations without looking at everything as a whole.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said he views it as a matter of accountability. “It’s like everybody is so defensive, and tight-lipped. It’s nontransparent, you know, in a situation where somebody was killed. This is not the Wild, Wild West -- you have to have explanations today.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10779105/eight-months-after-in-custody-death-a-brother-still-hunts-for-answers","authors":["3231"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18563"],"featImg":"news_10779735","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. 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