Family says custody death case not done

"It struck me that they didn't check him at all. They just thought he was unconscious. He stopped moving on the balcony," Daar said.

Even though officers' statements show that Escobedo's vital signs were checked at least twice before he was found unresponsive and not breathing in the back seat of a patrol car, the autopsy surgeon said there was nothing to indicate that the officers actually did so.

"While several officers stated that Mr. Escobedo had been 'checked,' there are no clear indications that anyone attempted to take a pulse or that a verbal reply was elicited from Mr. Escobedo after the officers removed him from the deck," Dr. Terri Haddix wrote in her report.

However, District Attorney Jim Fox said witness accounts clearly establish that the officers did not use excessive force when they tried to subdue Escobedo on the November evening that he died. Having conducted its own investigation along with reviewing initial Redwood City police reports, the San Mateo County Coroner's report and the police department's internal affairs investigation, the district attorney's office decided that police followed procedure on Nov. 17.

"It's a tragedy," Fox said. "It's very unfortunate. Unfortunately, [Escobedo] did not try to comply with the officers."

In a report released Feb. 14, San Mateo County Coroner Robert Foucrault found that Escobedo, 39, died from a heart attack caused by an enlarged heart, the exertion of struggling with officers and methamphetamine intoxication. The coroner's report also indicated that Escobedo suffered internal bleeding, several broken ribs and damaged thyroid cartilage, leading family members to believe that officers used excessive and unnecessary force to subdue Escobedo.

However, Fox said there is no way to determine if one factor was more significant than any other in causing Escobedo's death. Fox said the account of one witness who watched from a balcony two floors above the struggle, was key in clearing the officers. A photographer and martial artist, Emeka Omo told police and the district attorney that he did not see police use any excessive force as they struggled with the man.

Escobedo died in police custody on the evening of Nov. 17 following a 20-minute struggle with police at on an apartment balcony at 531 Woodside Road. Police, responding to a domestic disturbance call between Escobedo and an upstairs neighbor, said they had to use force to subdue Escobedo, who allegedly became aggressive when police tried to search him after he displayed symptoms of drug use. The man then began to struggle with two officers who called for back-up. Four other officers, including a trainee, were needed to subdue the 5-foot-8-inch, 200-pound man, using pepper spray, numchuks and a body restraint device.

An internal Redwood City police investigation cleared the men last December, about three weeks after the officers were placed on administrative leave. Officers Ken Faljean and Dan Sharp were the first on the scene followed by Sgts. Steve Switzer and Keith Harper, officers John Gary, Russ Federico, Jim Bertellotti and recruit Rico Mendoza.

Although the officers have been cleared by their department and the district attorney, Escobedo's older sister, Lupita, still isn't satisfied. She believes that police could have saved her brother if the officers involved had properly attended to him. To the Escobedo family, the report was full of inconsistencies. Daar said he intends to show these in federal court.

"I look forward to getting my hands on the reports, deposing the officers and exposing the truth," Daar said. "And we will get to it."

Andrew Becker can be reached by e-mail: andrew@smdailyjournal.com or by phone: (650) 344-5200 ext. 109. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<