202004.03
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DA clears Fullerton police in death of man who fought officers

by in News

The Orange County District Attorney’s Office has cleared Fullerton officers in the death of a 22-year-old man who fought with police as they tried to take him into custody in front of his home.

Daniel Flores Espinoza died from acute methamphetamine intoxication, according to a letter sent to the Fullerton Police Department outlining the results of the investigation by the DA’s Office.

Last year, Espinoza’s parents filed a $7 million claim against the city, describing Espinoza as an “emotionally disturbed man” who was “in a state of crisis.” The claim accuses the officers of unreasonable force in Espinoza’s arrest, and paramedics of failing to properly treat him.

“There is no evidence to support a finding beyond a reasonable doubt that … any individual under the supervision of the (Fullerton Police Department) failed to perform a legal duty causing the death of Espinoza,” Senior Deputy District Attorney Jennifer Walker wrote.

On Feb. 2, 2019, police encountered Espinoza when he blocked a fire engine, the letter says. Espinoza ignored officers’ attempts to calm him down, instead rushing them and kicking off a four-minute struggle with a half-dozen officers before he was restrained, the letter says.

After being checked out at a hospital, Espinoza was placed on an involuntary psychiatric hold.

On Feb. 11, 2019, six officers responded to a call from Espinoza’s family, who told police that he was under the influence of methamphetamine, was acting like he was “out of his mind” and needed to be taken to a hospital for treatment, according to the letter.

One of the officers asked Espinoza if he wanted to hurt anyone, a requirement for police to take him to a hospital without his permission. Espinoza said he didn’t, and one of his parents told the officers he could stay in their home until the methamphetamine wore off, according to the letter from the DA’s Office.

An hour later, a woman called police to report that Espinoza was standing in the street yelling at people with his fists clinched.

When officers arrived, Espinoza “stood in an aggressive stance towards the officers,” according to the letter, and ignored their efforts to tell him that if he relaxed he would not be hurt.

Espinoza struck several of the officers, who used Tasers and “sponge-gun” rounds on him that appeared to have no effect, the letter says. Two officers pinned Espinoza to the ground, while four others handcuffed his hands behind his back as he screamed and struggled.

Paramedics sedated Espinoza. While taking him to a hospital in an ambulance, they noticed his color had changed and he was going into cardiac arrest. The performed CPR on him, according to the DA letter, but he never regained consciousness.