Reginald Thomas’ family files wrongful death claim following death in Pasadena police custody

The family of Reginald Thomas and their attorney, Caree Harper, left, share witness accounts of the in-custody death of Thomas at a press conference in front of the Pasadena Police Department in Pasadena, Calif. on Monday, Oct. 3, 2016. Thomas died Friday after an encounter with Pasadena Police where he was tased 3 times. (Photo by Watchara Phomicinda, Pasadena Star-News/ SCNG)

The family of Reginald Thomas and their attorney, Caree Harper, left, share witness accounts of the in-custody death of Thomas at a press conference in front of the Pasadena Police Department in Pasadena, Calif. on Monday, Oct. 3, 2016. Thomas died Friday after an encounter with Pasadena Police where he was tased 3 times. (Photo by Watchara Phomicinda, Pasadena Star-News/ SCNG)

PASADENA >> The attorney representing the family of a man who died in police custody after being subdued with the use of Tasers in Pasadena late last month has filed a wrongful death claim against the city and its police department. One of the involved officers is identified by the attorney as one of two involved in the controversial shooting of an unarmed 19-year-old black man in 2012.
Reginald Thomas Jr. 35, died early Sept. 29 after police used Tasers on him and wrestled into custody at an apartment complex after he confronted officers while armed with a large knife and a fire extinguisher, according to Los Angeles County sheriff’s officials, who are spearheading the investigation into Thomas’ death.
In a claim seeking unspecific damages filed Friday, attorney Caree Harper accused Pasadena police of wrongdoing and negligence resulting in Thomas’ death.
While the officers involved in the incident have not been officially identified, Harper asserted that one of them was Officer Mathew Griffin, one of two officers involved in the fatal shooting of Kendrec McDade, 19, of Azusa in March of 2012. A second officer, Sgt. Aguilar, is named in the claim by rank and last name only.
Harper represented McDade’s mother in a civil suit against Pasadena, which ultimately resulted in a $1 million payment by Pasadena to settle two wrongful death suits, filed separately by McDade’s mother and father.
In Thomas’ case, the conduct of city employees “constitutes federal and State constitutional violations, which include wrongful death, assault, battery, false imprisonment, negligence, negligent hiring, negligent training, negligent retention, specifically as to Officer Mathew Griffin, intentional infliction of emotional distress, negligent infliction of emotional distress and civil code violations,” according to the claim.
Pasadena Police Chief Phillip Sanchez could not be reached for  comment Saturday.
Once Thomas was handcuffed, as well as bound at the ankles, officials noticed he stopped breathing, authorities said. The father of eight was pronounced dead at the scene.
An officials cause of death has yet to be determined pending the result of toxicology tests, officials said. The Los Angeles County Department of Medical Examiner-Coroner’s findings thus far are being withheld by sheriff’s investigators, citing the ongoing investigation.
The account of events asserted by Thomas’ family differs from that of police and sheriff’s investigators.
The claim alleges Thomas himself initially called 911 for help while having a “medical crisis,” according to the claim.
But sheriff’s officials released an audio recording of the three 911 calls received by Pasadena police related to the incident that don’t include Thomas’ voice. Rather, a family member is heard urging police to respond quickly, as Thomas was armed with knife and acting strange while apparently under the influence of some sort of drug. A second person is heard in the background also urging police to hurry up.
Two additional calls were received by Pasadena police, but both times the caller hung up without saying anything, Lt. Mike Rosson of the sheriff’s Homicide Bureau said. Rosson said the released recording represents all phone contact between Thomas’ family and Pasadena police, edited only to remove long pauses and personal information.
Sheriff’s officials also released grainy footage taken from a motion-activated apartment complex surveillance camera, but details are not visible in the low-quality video.
While police and sheriff’s officials have said Thomas was armed with a fire extinguisher and a large knife when confronted by officers, Harper noted in her filing that the knife was not in-hand. “It was located under his armpit.”
Both police and Harper agreed that officers used Tasers to force Thomas to drop the items.
Rosson said the arrest that followed was more akin to a wrestling match than a “knock-down, drag-out fight” involving blows. There was no indication that officer struck him with batons or beat him, the lieutenant said. After being handcuffed and tied at the ankles, but not “hogtied” with his ankles and wrists tied together, Thomas became unconscious and died.
But the claim filed by the family alleges officers used excessive force on Thomas after the Taser shocks knocked him tot he ground.
“Three additional Pasadena Police units, including Mathew Griffin an Sgt. Aguilar, arrived and violently battered Mr. Thomas,” according to the claim. “The officers ‘piled on’ and used violent physical force to restrain and hogtie him although he never kicked or attempted to kick anyone.”
“The force used consisted of but is not limited to kicks to the decedent’s upper torso and head; and baton strikes to that same area,” the claim continues. “At the time of the beating, Mr. Thomas screamed in pain and went limp. This occurred in front of multiple eye-witnesses.”
The claim also accuses officials of delaying CPR and other first-aid measures, as well as a delay in calling paramedics.
And the family accused the Pasadena Fire Department of allowing Thomas to die at the scene.
Pasadena Fire Department firefighters and paramedics, “strolled into the apartment as though strolling through the park,” according to the document. “Firefighters/Paramedics were negligent when they failed to sustain CPR, continue life saving measures and transport Mr. Thomas to the closest medical facility where trained physicians could continue to attempt to revive him.”
About 200 demonstrators marched through Pasadena on the night of Thomas’ death, decrying Thomas’ death as a murder and demanding justice.
By law, the city and police department have 30 days in which to file a response to the claim.

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