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02-12-2023, 08:11 PM
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In-Custody Death - Zapata "Angel" Hernandez
On Oct. 15, 2019, Zapata “Angel” Hernandez died. His death came six months before George Floyd. However, the details surrounding Zapata Hernandez’s death was not publicly disclosed until a year and a half later, when the settlement was announced in April 2021. On that day, he had told his mother, Claudia Hernandez that he was going to go to a store near their Linda Vista home on the day of his death. Hernandez was first contacted by an MTS code compliance inspector after being spotted wandering along the railroad tracks north of the Santa Fe Depot. He ran away when an Allied Universal security guard arrived, but both officers chased after him and caught him. RELEASED FOOTAGE OF INCIDENT VOLUME WARNING: Applies only to the 1st bodycam portion The MTS officers were concerned he was under the influence of drugs and may harm himself, according to the District Attorny’s office, which reviewed the incident. The officers got Hernandez on the ground on his stomach, according to body-worn camera footage released by authorities. The security guard put his knee on Hernandez’s back while the MTS officer put his knee on Hernandez’s neck. They held him like that for nine minutes and 41 seconds, before he lost consciousness. Hernandez yelled and appeared to struggle at first but grew quiet and motionless. The San Diego police officers arrived minutes into the restraint, and Quinonez directed the trolley officers to maintain their holds, according to the lawsuit and video footage. When it became apparent that Hernandez was not breathing, the officers rolled him over and called for medics. The pending wrongful death lawsuit claims Belchamber, despite his training and previous employment as an emergency medical technician, failed to give Hernandez CPR in a timely manner. Zapata cardiopulmonary arrest while he was held prone on the ground, and also said an underlying heart condition played a role. Hernandez had been diagnosed with schizophrenia in 2017 and had battled drug addiction. But, his family said during a previous news conference, he was treating his mental condition with medication and in recovery for substance abuse. His toxicology report showed marijuana but no illegal drugs. The District Attorney’s Office declined to charge the officers involved following an investigation. “Unlike MTS Code Compliance officers and security guards, the S.D.P.D officers are peace officers, who are better trained, better paid, and better equipped than the MTS personnel,” the lawsuit states. “Both defendants had an affirmative legal duty to prevent the use of excessive and deadly force. Instead of intervening, they ordered the continued imposition of excessive force,” the suit adds. Upon announcing the settlement, MTS CEO Sharon Cooney confirmed the transport agency will pay $2.5 million and its insurance carrier will contribute $625,000. The remaining $2.37 million will be paid by contractor Allied Universal and its insurance company. Mom, Lawyer Address MTS $5.5 Settlement The pre-trial for the wrongful death lawsuit against the SDPD officers Belchamber, Quinonez, et al. is scheduled for December 11, 2023. |