Cops charged with killing man screaming 'I can't breathe' as they 'knelt on him'

30 March 2023 , 19:32

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Seven police officers and one nurse have been charged with involuntary manslaughter after a man died following being restrained in custody.

Distressing police footage shows cops appearing to kneel on Edward Bronstein in chilling echoes of the George Floyd case.

In a shocking video from the 2020 arrest, Mr Bronstein could be heard screaming "I can't breathe" as he was held down by California Highway Patrol officers.

Los Angeles County District Attorney George Gascón, who announced the charges, slammed the officers for failing in their legal duty to Mr Bronstein, who was in their custody.

The 38-year-old was taken into custody following a traffic stop on suspicion of driving under the influence on March 31, 2020.

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Cops charged with killing man screaming 'I can't breathe' as they 'knelt on him'

Police begin to manhandle Edward Bronstein on the floor (Carrillo Law Firm)

He died less than two months before the death of George Floyd in Minneapolis, who also repeated the now-infamous phrase while being restrained by police.

The LA County coroner ruled that Mr Bronstein's death was caused by acute methamphetamine intoxication while being restrained by law enforcement. Mr Gascón accused the officers of criminally negligent behaviour, leading to Mr Bronstein's death.

Luis Carrillo, an attorney representing Mr Bronstein's father, said in an email that his client “is glad that the CHP officers were charged with crimes because the CHP officers took a human life and left a family in grief and sadness.”

Bronstein was a father of five - pictured with his daughter, Isabella Bronstein

A nearly 18-minute video showing the officers’ treatment of Mr Bronstein was released last year following a judge’s order in an ongoing federal lawsuit that the man's family filed against the officers, alleging excessive force and a violation of civil rights.

Family members have said Mr Bronstein was terrified of needles and believe that’s why he was reluctant to comply with the CHP initially as they tried to take a blood sample.

Edward Bronstein, 38, is taken into custody by CHP officers on March 31, 2020 (AP)

The video, filmed by the sergeant, shows several officers forcing a handcuffed Mr Bronstein to a mat on the floor as he shouts, “I’ll do it willingly! I’ll do it willingly, I promise!”

He continues screaming as six officers hold him face-down — the lawsuit alleges they put their knees on his back — and pleads for help.

“It’s too late,” one officer replies. “Stop yelling!” another shouts.

Mr Bronstein screamed out (Carrillo Law Firm)

“I can’t breathe!” and “I can’t!” Mr Bronstein cries, and an officer responds, “Just relax and stop resisting!”

But Mr Bronstein's voice gets softer and he then falls silent. While he is unresponsive, the nurse continues to draw blood and the officers keep pinning him down.

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After they realise he may not have a pulse and does not appear to be breathing, they slap his face and say, “Edward, wake up.” More than 11 minutes after his last screams, they begin CPR.

Mr Bronstein was unresponsive - police tried to save his life (Carrillo Law Firm)

Mr Bronstein never regained consciousness and was later pronounced dead.

In a statement, CHP Commissioner Sean Duryee extended condolences to the family and said the agency's mission is to prioritize all Californians' safety.

“I am saddened that Mr Bronstein died while in our custody and care. Any death in custody is a tragedy that we take with upmost seriousness,” Mr Duryee said. “I recognize this case will now move through the court system, and I respect the judicial process.”

Mr Bronstein before police piled onto him (Carrillo Law Firm)

The seven CHP agents, who were put on administrative leave Wednesday, were identified as Sergeant Michael Little and officers Dionisio Fiorella, Dustin Osmanson, Darren Parsons, Diego Romero, Justin Silva and Marciel Terry.

They face one count each of involuntary manslaughter and one felony count of assault under the colour of authority. If convicted, they could get up to four years in prison.

Bronstein began wailing with fear after being pinned to the ground face-down

It was not immediately clear whether they had lawyers who could speak on their behalf, and the California Association of Highway Patrolmen, the union that represents rank-and-file CHP officers, did not immediately respond to a request for comment.

The registered nurse, Arbi Baghalian, was also charged with involuntary manslaughter.

“I believe it is outrageous and irresponsible for the DA to charge a Registered Nurse (who was present to take a legal blood draw) with involuntary manslaughter,” said John Kelly, an attorney for Arbi Baghalian’s employer, Vital Medical, in a statement.

He was pulled over for a DUI, but taken to a police station after refusing to give a blood sample

"I am not aware of anyone who has opined that the nurse’s conduct in any way caused or contributed to this unfortunate death.”

An arraignment has not yet been scheduled.

Mr Bronstein's death prompted the CHP to change its policies to prevent officers “from using techniques or transport methods that involve a substantial risk of positional asphyxia,” the agency said. Additional training was also ordered for uniformed officers.