7 California Highway Patrol officers and nurse charged in 2020 in-custody death

The Los Angeles County District Attorney said Wednesday that seven California Highway Patrol officers and a nurse have been charged with the 2020 death of a man who complained he couldn’t breathe because he was being held down.

A CHP sergeant and six police officers have been charged with involuntary manslaughter and assault in the death of Edward Bronstein, who was arrested on suspicion of driving under the influence of alcohol.

A registered nurse has been charged with manslaughter. Bronstein was detained after initially refusing to have his blood drawn, officials said.

The eight indicted were identified as sergeants. Michael Little; Officers Dionisio Fiorella, Dustin Osmanson, Darren Parsons, Diego Romero, Justin Silva, Marshell Terry; His Arbi Baghalian, a registered nurse.

Gascon called the 18-minute video of the incident, shown at Wednesday’s press conference, “hard to watch and hear as Mr. Bronstein pleads for his life.”

“Mr. Bronstein is yelling ‘I can’t breathe’ over and over and asking for help as officers continue to restrain him,” Gascon said.

Drunk driving suspension

Burbank’s Bronstein was pulled over on Interstate 5 on March 31, 2020 on suspicion of drunken driving, Gascon said.

At a CHP station in Altadena, Los Angeles area, Bronstein initially refused to draw blood, and a judge issued a warrant allowing a nurse to draw his blood, CHP said.

The video, ordered released last year by a federal judge as part of a wrongful death lawsuit filed by Bronstein’s family, shows police officers telling Bronstein that if he doesn’t comply, “You’re going to lie face down on the mat.” “It shows how you are saying. We will continue. ”

When officers try to restrain him, Bronstein repeats, “I’ll gladly do it,” and shouts as some officers hold him down. He’s been told it’s “too late,” the video shows.

Bronstein screamed and repeatedly said, “I can’t breathe,” and continued the operation in silence.

Gascon said six minutes had passed since Bronstein’s last scream before he flipped over “completely lifeless.”

Bronstein got up, the officer tilted his head back, and the officer holding him was instructed to clear his airway and have his name called, but Bronstein did not respond, the video shows. . Gascón said CPR would begin 13 minutes after his last scream.

The Los Angeles County Coroner’s Office listed the cause of death as “acute methamphetamine poisoning while in law enforcement custody.” The method is undecided.

Gascon said “these officers have a legal obligation to Mr Bronstein” and he is in their custody.

“We believe they neglected their duty and their failure was criminal negligence and caused his death.

family responds to charges

Tim M. Shuler, an attorney representing nurse Bagarian in a civil lawsuit, said manslaughter charges against nurses were outrageous. He said Bagarian was there to do a legal blood draw.

“I don’t know anyone who has opined that the nurse’s actions in any way caused or contributed to this unfortunate death,” Shuler said.

CHP Officer and Bagarian Criminal Defense Attorney The attorney representing the CHP officer in the wrongful death civil case did not immediately respond to a request for comment.

If convicted, charged CHP personnel face up to four years and eight months in prison, while nurses face up to four years in prison if convicted, Gascon said. .

Attorney Michael Carrillo, who represents the Bronstein family in the civil lawsuit, said the family is happy to have been charged, but believes the defendant could have been charged with second-degree murder.

“It’s a little bittersweet. The family is happy. I’m glad they were finally held accountable and prosecuted,” Carrillo said.

A civil lawsuit is pending.

Bronstein’s father, Edward Tapia, said at a press conference Wednesday that no one should go through what his son went through.

“I think you can see it in the video: ‘I miss my son so much.’

CHP says they made changes

CHP Commissioner Sean Duryea extended his condolences to Bronstein’s family in a statement Wednesday.

“Our agency’s top priority is to protect the safety and well-being of all Californians. We are saddened by the death of Mr. Bronstein in our custody,” Duryea said. “Deaths in custody are tragic and we take them seriously.”

The CHP said it updated its policy after Bronstein’s death to prevent officers from using technology or transportation that poses a positional suffocation risk.

Highway Patrol has also stepped up its training on medical distress and said it is looking for alternative ways to administer chemical tests to people arrested on suspicion of drunk driving if they refuse chemical tests.