Case details

Defense: Decedent died due to swallowing bag of heroin, not force

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
asphyxia, death, pulmonary, respiratory
FACTS
On June 9, 2016, plaintiffs’ decedent Alex Aguilar, 42, was arrested for violating the terms of a gang injunction in the Wilmington area of Los Angeles. Aguilar smuggled a large amount of heroin, as well as a small quantity of methamphetamine, into Harbor Division station. While undergoing a strip search in a 7-foot by 7-foot cell, Aguilar placed the heroin in his mouth in an attempt to swallow the narcotics. Two officers, Matthew Medina and Sergio Melero, who were conducting the search, immediately commanded Aguilar to spit out the drugs. Aguilar refused. The officers allegedly shocked Aguilar with a Taser and struck Aguilar in an attempt to subdue him. After eventually being subdued, Aguilar lost consciousness and was ultimately pronounced dead. Aguilar’s children and estate sued officers Medina, Melero, Andrew Hudlett, Dante Pagulayan and Enrique Lopez; the officers’ supervisor, Chief Charlie Beck; and the officers’ employer, the city of Los Angeles. Aguilar’s children and estate alleged claims that the actions of all five police officers constituted excessive force and that officers were negligent in the improper medical treatment of Aguilar, resulting in his wrongful death. The decedent’s family also alleged that Beck and the city were liable for the officers’ actions. Prior to trial, the parties stipulated to the dismissal of the claims against Beck. As a result, Beck was let out of the case, and the matter continued against the remaining defendants. Plaintiffs’ counsel contended that in response to Aguilar’s refusal to spit out the drugs, Medina deployed a Taser on Aguilar five times within 34 seconds and that before Aguilar lost consciousness, Melero punched Aguilar in the head three times. Counsel maintained that the excessive force used during and after Aguilar swallowed the heroin caused him to choke. Counsel also contended that even though there was no dispute that Aguilar was out of shape; that another officer, Pagulayan, was also present in the cell; and that the officers knew that Aguilar was unarmed and could not escape the interior of the police station, the officers failed to intervene or render aid. Counsel further contended that although it was undisputed that the officers were trained to look in the mouth of a person and, if possible, perform a finger sweep of a person who was unconscious to clear any airway obstruction, Hudlett ordered the other officers to not put their fingers in Aguilar’s mouth when he was unconscious. As a result, no officer opened Aguilar’s mouth when he was unconscious. Plaintiffs’ counsel argued that if the officers had opened Aguilar’s mouth while he unconscious, the large bindle would have been visible and it could have been easily removed by way of a finger sweep. In addition, counsel argued that if a finger sweep was performed, Aguilar would have regained consciousness almost instantaneously without having suffered any brain defects. The officers claimed that Aguilar violently resisted their efforts to physically stop him. Defense counsel contended that three officers engaged in CPR in an attempt to save Aguilar’s life, as did paramedics from the Los Angeles Fire Department, who arrived minutes later. Counsel also contended that the coroner’s report noted that an over 26-gram bag of heroin had to be surgically removed from Aguilar’s body postmortem. In addition, defense counsel contended that the coroner’s report stated that Aguilar died from asphyxiation due to the bag of heroin becoming lodged in his throat and that the combined toxicity of heroin, methamphetamine and alcohol contributed to Aguilar’s death. In response to the officers’ claim that Aguilar violently resisted their efforts to restrain him, plaintiffs’ counsel noted that the officers had no marks on their bodies and reported no after the incident. Counsel also contended that there was no camera footage in the strip search room and that the officers were aware of that fact, prior to their use of force., Aguilar lost consciousness and was ultimately pronounced dead. He was determined to have asphyxiated as a result of the incident. He was 42 years old. The decedent was survived by his son, Alex Aguilar Jr., and his minor daughter, who helped bring the action by and through her guardian ad litem, Florence Ahumada. The decedent’s children sought recovery of wrongful death damages for the loss of their father.
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case