California will pay $24 million in a civil rights settlement with the family of Edward Bronstein, a man who died in police custody after screaming “I can’t breathe” while multiple officers restrained him in 2020, lawyers said Tuesday.
Bronstein, who was 38, was taken into custody on March 31, 2020, by California Highway Patrol officers on suspicion that he was driving under the influence. While trying to take a blood sample from Bronstein, officers threw him down to a mat on the floor, according to a nearly 18-minute video released last year.
The video showed Bronstein being held down for several minutes before appearing to lose consciousness. He was later pronounced dead.
In March, prosecutors charged seven CHP officers and a nurse with involuntary manslaughter in Los Angeles County. They have all pleaded not guilty.
When announcing the criminal charges in March, Los Angeles County District Attorney George Gascón said the officers failed Bronstein, “and their failure was criminally negligent, causing his death.” The $24 million settlement has been called the largest civil rights settlement of its kind by the state of California, according to Annee Della Donna and Eric Dubin, attorneys for Bronstein’s young children.
It is the second largest nationally, following the city of Minneapolis’ agreement to pay $27 million in the George Floyd case in March 2021.
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Video showed several officers holding Bronstein down while he screamed
Following Bronstein’s family’s federal lawsuit alleging excessive force and a violation of civil rights, a judge ordered video footage of the incident to be released last year.
In the nearly 18-minute video, filmed by the sergeant, several officers are seen throwing a handcuffed Bronstein to a mat as he shouts, “I’ll do it willingly! I’ll do it willingly, I promise!” Family members have said Bronstein was scared of needles, which they believe is the reason why he was inititally resisting the CHP when they tried to take a blood sample.
The video shows Bronstein screaming and pleading for help as six officers hold him face-down. The family’s lawsuit alleged the officers put their knees on Bronstein’s back.
“It’s too late,” one officer says in the video. “Stop yelling!” another shouts.
“I can’t breathe!” and “I can’t!” Bronstein cries, and an officer responds, “Just relax and stop resisting!”
As officers held Bronstein down, he appeared to lose consciousness as his voice gets softer before becoming silent, according to the video. While Bronstein is unresponsive, the nurse is seen drawing blood as the officers keep pinning him down.
Video footage then shows officers slap Bronstein’s face and say, “Edward, wake up.”
More than 11 minutes after his last screams, they begin CPR. Bronstein never regained consciousness and was later pronounced dead.
The Los Angeles County coroner said Bronstein’s death was caused by “acute methamphetamine intoxication during restraint by law enforcement.”
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Bronstein’s death prompts policy changes
The seven CHP officers were put on administrative leave in March. Each face one count of involuntary manslaughter and one felony count of assault under the color of authority. If convicted, they could get up to four years in prison. The nurse was also charged with involuntary manslaughter.
In a statement, CHP Commissioner Sean Duryee said he would respect the judicial process and gave his condolences to Bronstein’s family.
Bronstein’s death also 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 ordered for uniformed officers.
Following Floyd’s murder, the state of California expanded its ban on chokeholds in September 2021 after Gov. Gavin Newsom signed a law restricting police from using certain face-down holds that have led to several unintended deaths.
Contributing: The Associated Press