Criminal law, Society, Torts

“You Can Talk, So You Can Breathe”: LAPD Under Fire Over Death Of Prisoner After Asthma Attack

jorge-luis-azucena The Los Angeles Police Department is under fire for its treatment of a suspect in custody after Jorge Azucena died from an asthma attack. Azucena repeatedly told the officers that “I can’t breathe, I can’t breathe” . . . I have asthma, I have asthma.” However, LAPD officers refused to help him with one sergeant telling him “You can breathe just fine. You can talk, so you can breathe.” He died after being left lying face down on his cell floor. Roughly a year has passed but there is no reported discipline in the case.

Azucena reportedly could not even walk by the time that he was brought to a South Los Angeles police station and was carried to his cell. The evidence in the case was derived from recordings from cameras on police cars that responded to the scene on September 6, 2013 near midnight. Azucena led police on a brief car chase after running a red light. He and two companions ditched their car and ran off into a park but Azucena was quickly found at a nearby apartment complex. When he surrendered, he is heard complaining that he could not breathe. He continues to plead that he could not breathe as he was left on the ground handcuffed. One officer noted that he was “walking wobbly” and seemed “fatigued.” Another thought he might be having a seizure. Azucena became increasing alarmed and began yelling “Help me, help me, help me. I can’t breathe. I can’t breathe. Help me, please.” A sergeant dismissed the pleas as just trying to incite the crowd. He was told “You can breathe just fine. You can talk, so you can breathe.”

He kept begging officers to help but the most that they would do is slightly lower a window in the cruiser. According to the Inspector General’s report, when he was unable to walk, an officer told him “that he needed to act like a man and walk.” Notably, following protocol, a supervisor insisted that he did ask Azucena if he was sick or injured and recorded his answer as “not responsive” on the form. That would seem a problem when someone is not responsive and unable to walk. However, Azucena was carried to a holding cell and placed face down on the concrete floor. Some 40 minutes later, paramedics arrived after officers could tell that he was not breathing. He was later declared dead.

keyframe100The inspector general’s report shows a shocking lack of response by various officers. Yet, no action has been reportedly taken in the case. That lack of accountability may explain how such violations occur in the LAPD in a case of this kind. I fail to see why it was such a difficult decision to take a prisoner to a hospital if he was sweating, having trouble walking, and claiming to have asthma. While there are medical conditions that are less urgent, a difficulty breathing is a medical condition warranting immediate action. Prisoners are routinely taken to hospitals for any number of reasons. This was not a tough call. It has been a year since Azucena died and it would seem that his family deserves from some real action and some real answers from the LAPD. Unfortunately, it sounds like a torts lawsuit may be the only way to force such answers through the litigation process.

Source: LA Times

131 thoughts on ““You Can Talk, So You Can Breathe”: LAPD Under Fire Over Death Of Prisoner After Asthma Attack”

  1. As someone who suffers from asthma and who had an acquaintance die in jail under similar circumstances, I am going to give the officers a little bit of a break. An asthma attack as severe as this guy had does not happen often enough for the officers to be prepared for it. And, unless you know asthmatics, you would be unaware of what signs to look for. Even myself, as an asthmatic, missed the onset of a major attack one time. If my wife had not seen that I was turning grey and taken me to the hospital in time, I would have probably ended up dead.
    Hidden disabilities are the hardest for healthy people to deal with. You can accept the guy in the wheelchair but ADHD is hard to wrap your head around. Asthma is a hidden disability. If the officers have no personal acquaintance with it, they are not going to be concerned. They don’t realize that untreated asthmatics can and do die from attacks.

  3. Law enforcement needs to purge itself and its ranks of officers who have stopped viewing people they interact with as subhuman and unworthy of basic kindness and decency.

    This isn’t just indicative of bad policy, but of bad human beings wearing badges.

  5. Appalling ignorance on the part of the LAPD. Astounding callousness. Does the department intentionally hire sociopaths?

  7. http://www.policemisconduct.net/vice-president-biden-and-the-police/

    “According to news reports, three White House officials will be attending the funeral for Michael Brown today. Vice President Joe Biden will not be attending and that is no surprise. Why? Because the Brown family has been demanding a vigorous, impartial investigation into the shooting and Biden is fond of saying that he “has the back” of the police force. Biden’s presence would be awkward, to say the least.”

    And what follows is but one day:

    http://www.policemisconduct.net/national-police-misconduct-newsfeed-daily-recap-08-22-14/

  8. Asthma is so rampant now. When I coached baseball it was not unusual to have 2 players inhalers in my pockets.

  9. Richard,

    Thank you. It’s always nice to see informative and reasoned commentary. The reasons why things like this take place are well-known and even understandable. Intake screening would have likely prevent this death.

  10. It’s only a matter of time before vigilante justice emerges against these criminal, law-enforcement outfits — and the enables, both active and silent.

  11. It seems that the danger of Asthma is not appreciated by LE. In the District of Columbia, a few years ago, a judge allowed an Asthma sufferer to suffocate in his court room despite numerous complaints by the victim.

  12. California regulatiosn require that a prisoner be medically screened at intake by either licensed medical staff or specially trained personnel. Certainly prisoners do, on occasion, lie regarding the need for medical assistance and officers can become jaded. That just increases the need for administration to deal appropriately with policy violations so that the inevitable skepticism does not result in non-compliance. If only law enforcement took the same position regarding the possibility a prisoner requires immediate medical care as they take in protecting themselves against the possibility of harm, everyone would be better off.

  14. From my angle, LA is probably the most abusive police dept. in the country.

  15. Squeeky, I did work for the risk management office in cities and counties. Wi. is pretty civilized, except for Milwaukee. I know a guy who did work for the city of Milwaukee risk management. Their cops would go toe to toe w/ any dept. in the country in tuning up and shooting suspects. That said, the biggest volume of lawsuits almost always emanates from a city transit system. I have a standing joke. When there is a bus accident reported and the reporter says, “There were no injuries” or, “There were only minor injuries,” I say, “Wanna bet?”

  16. rafflaw @ 1141

    “Just another example of the out of control police departments.”

    _______

    And I’ll say it again:

    Most people have no idea just how bad it really is. Tip of the iceberg.

  17. Seems to happen a lot – certainly more than it should.

    Not the American way – or at least how we were brought up.

  19. Just another example of the out of control police departments. I sure hope that his family can at least cash a big check after the lawsuit, because what these officers did and didn’t do is criminal.

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