Marty Atencio's family fights back and files suit.

Thanks JJ and the AZ Republic for keeping up with this tragic case...and to Marty's family for holding the real bad guys accountable...

Marty Atencio

Marty's memorial page here.

-----------from the Arizona Republic-------------

$20M claim alleges excessive force in AZ inmate's death

by JJ Hensley
Arizona Republic
June 8, 2012

The family of a man who died in December following an altercation with police and detention officers in a Maricopa County jail has filed a $20 million notice of claim against the city of Phoenix, the Sheriff's Office and the county agency responsible for health care in the jails.

The claim, filed Friday, alleges that excessive force, coupled with a series of failures by medical professionals to tend to Ernest "Marty" Atencio, contributed to the 44-year-old's death in December.

Atencio died four days after he was removed from a "safe cell" in the Fourth Avenue Jail.






The notice of claim (WARNING: Contains graphic images)

The Maricopa County medical examiner last week issued a report that concluded that Atencio died of cardiac arrest, acute psychosis, medical problems and "law-enforcement subdual," but the report did not list a manner of death.

Atencio's family believes that the manner of death was homicide, committed at the hands of sheriff's detention officers in an altercation that began when two Phoenix police officers began to struggle with Atencio after he refused to remove his left shoe. They wanted the shoe removed to be scanned as he prepared to enter the jail.

The Phoenix officers took Atencio to the ground, and surveillance footage shows the detention officers dragging Atencio into a safe cell, where the number of officers in the small cell obscured their actions from the camera.
A safe cell is a room designed to reduce inmates' ability to injure themselves or others.

The claim contends that at least one officer punched Atencio and that another officer shocked Atencio with a stun gun six times, with several of those strikes coming within inches of his heart.

The notice of claim is a necessary precursor to a lawsuit against a public entity. State law requires a claim to list a dollar amount for which it can be settled. Atencio's family set that amount at $5 million for Phoenix police and $15 million for the county agencies.

The Sheriff's Office is continuing to investigate the incident and declined comment.

A pair of Phoenix police officers contacted Atencio twice on the night he was detained.

During the first contact, outside a convenience store, officers noticed that Atencio was acting erratically and told him to go home. Moments later, the officers received a call about a man kicking at a woman's apartment door in the 2800 block of West Laurel Lane. The officers recognized Atencio as the man they had encountered outside the convenience store, and they arrested him after the woman requested prosecution.

When Atencio arrived at the Fourth Avenue Jail's intake area -- where inmates are screened for medical and mental-health concerns and the most serious are supposed to receive immediate attention -- officers recognized his signs of mental illness but failed to respond, according to the claim.

"She (mental-health professional Monica Scarpati) admitted that she did not complete a full assessment of Marty and sent him to an isolation cell," the claim states. "Ms. Scarpati and (Correctional Health Services nurse Bill McClean) fell below the applicable standard of care by, in RN McClean's words, 'accepting' Marty into the jail and not doing anything to make sure that Marty got the immediate medical attention that he so obviously needed and deserved."

According to the claim, as Atencio waited for further processing, other officers noticed his mental state and began mocking him. According to an interview with an inmate who was nearby at the time, one officer thought Atencio's mug shot could be featured on the Sheriff's Office website that posts booking photos.

"An MCSO lieutenant stated in an interview that the process of taking Marty's photo was, 'Ah, you know, it's kinda comical,'" according to the claim.

As Atencio prepared to leave the booking area, he became uncooperative with Phoenix officers but was not violent or combative, according to interviews with officers contained in the claim.

Surveillance video shows that when a Phoenix officer placed his arm around Atencio's neck and took him to the ground, nearby officers joined in the effort to subdue Atencio. His family called the events that followed a "jailers' riot."

The claim does not request any damages from the Medical Examiner's Office, but it does allege that the office attempted to shield the county from liability by failing to name a manner of death from one of the four descriptions: suicide, homicide, natural causes or accidental.

"The medical examiner's report is part science and part defensive doublespeak designed to deflect and limit the county's liability," the claim states. "The notion that Marty's manner of death is 'undetermined' is a farcical sleight of hand by the county. The cardiac arrest was induced by the 'law-enforcement subdual,' so it was obviously a 'homicide,' i.e., caused at the hands of other human beings."

Mike Stauffer and MCSO brutality

Keep in mind that the following editorial is coming from a conservative challenger to Joe Arpaio in 2012

-------------------from the Tucson Citizen--------------

Law Enforcer Mike Stauffer reacts to death of Ernest M. Atencio
by Hispanic-Politico on Dec. 26, 2011,
TUCSON CITIZEN

Law Enforcement Analysis of the Ernest Atencio Incident
FOR IMMEDIATE RELEASE:
December 26, 2011
Police Lt. Mike Stauffer
MCSO Candidate • 2012


In expressing my dismay about the incident that occurred in the MCSO 4th Avenue intake area on December 16, 2011, I have angered some people employed by MCSO. To those individuals, I say, the information that I acted on came from inside the MCSO. There are employees of the organization who are disgusted by the actions of a few and will speak out.

As sheriff, I will not tolerate this behavior or this attitude. I will not tolerate those who stand by and allow this type of incident to take place. Know that the days of covering up behind stalling tactics are over. The cover-up is frequently worse than the incident itself. The MCSO is under a microscope. Even if it was not, I expect all the employees should understand that they are held to a very high standard of conduct and will be held accountable for their actions. I am outraged that even one employee of the MCSO would stand by as this incident unfolded and did nothing to intervene. I am outraged by the atmosphere and attitude fostered by Arpaio that allowed this to happen. Know that those who continue to carry this attitude will have no place at the MCSO.

I stipulate that I have not been privy to an unedited video and have formed some
conclusions based on the video available on You Tube (http://tinyurl.com/7evqt6n) and the report by Fox 10 News in Phoenix (http://tinyurl.com
/7nbuyma). What I saw disturbed me greatly on many levels.

Ernest Atencio according to reports, was arrested for misdemeanor assault. He had not seen a judge. He had not even gone through the full intake process.

Nevertheless, the offense he was arrested for, even if found guilty and convicted at trial, did not warrant a death sentence. American law enforcement is not judge or jury.

Ernest Atencio arrived at the intake area under his own power and apparently healthy. He did not initially appear physically combative, and in fact, the Phoenix Police officers released him from his handcuffs. It has not been reported what the conversation was between PPD officers and Mr. Atencio that precipitated the officers to grab him and attempt to restrain him.

If the reason for the physical contact was to put Mr. Atencio back into handcuffs, why do none of the officers have handcuffs out? There are no restraining tools of any kind visible.

As Mr. Atencio struggles with the officers, a Phoenix officer appears to put Mr. Atencio into a choke hold (2:11), which is considered a deadly force tactic, and takes him forcefully to the ground. It appears that Mr. Atencio goes limp for several seconds at this point. The Phoenix officer is then pushed away by an MCSO detention officer and at least six detention officers appear to be pinning Mr. Atencio to the floor.

Although he can’t be seen under the pile of at least six detention officers, it appears that Mr. Atencio suddenly surges and the detention officers apply a Taser in “drive stun” mode. This tactic involves firing a barb from close range, into the subject and then repositioning the Taser to make contact and complete a circuit that delivers an immobilizing electric current to the subject for a five second duration. The detention officers do not appear to be restraining Mr. Atencio during any of the applications, as those properly trained to use a Taser are instructed. Taser training also warns that repeated applications of the Taser is dangerous to the health of a subject and de-escalation tactics to bring the subject under control should be employed during the subject’s incapacitation to prevent the need for continued force.

Equally disturbing are the actions of the other officers in the area. Several officers run into view from other areas and try to join in the pile. Others appear to be mocking Mr. Atencio and laughing about the encounter. Their behavior reinforces the perception the officers have a callous disregard for Mr. Atencio’s well being.

In the holding cell, a detention officer is seen making what appears to be knee strikes to Mr. Atencio’s head. Another detention officer puts a restraining hand on that officer’s shoulder to stop him. This occurs while Mr. Atencio is being held down by at least five other detention officers. The application of knee strikes to the head while Mr. Atencio is being restrained is an inappropriately high level of force for the circumstances.

Mr. Atencio is limp and unresponsive; yet, he is stripped of his clothing and dumped on the floor of a holding cell. The medical personnel present do not appear to ascertain Mr. Atencio’s medical status. No medical follow-up is conducted and Mr. Atencio is left alone. This again is contrary to Taser policies and training. Training dictates that anyone subjected to a Taser application be seen immediately after the situation is stabilized by certified medical personnel. A person subjected to multiple Taser applications should be seen by an emergency room Physician.

The vague statement issued by Chief McIntyre that night after the story broke suggests an attempt to cover up the situation. His statement indicates that there was no in-custody death that night, an outright falsehood. The week delay in releasing the video and the timing of the release further suggests an all out attempt to bury the story by the MCSO.

These situations require an open, timely release of preliminary findings. Delay and vagueness only fuel anger and distrust in the community. Hiding behind a wall of silence is not appropriate. The leader of the organization must be front and center and accountable to the community. Only in this way can the organization be trusted to do what is right.

Police Lt. Mike Stauffer
MEDIA CONTACT:
West Kenyon
Campaign Manager
Police Lt. Mike Stauffer
Maricopa County Sheriff • Candidate 2012
t: 480.414.6868
e: west@votestauffer.com
w: www.votestauffer.com

From No More Deaths - Phoenix...

Greetings,


below are incredibly disturbing news of incidents along the border. Keep an eye out for upcoming responses by No More Deaths.


Please share these stories with others.


1. Youtube video of Border Patrol shooting of Sergio Adrian Hernandez, 15, in El Paso:

http://www.youtube.com/watch?v=NRFETM86uAk&feature=email

SHOOTING DEATH OF TEEN ON TEXAS BORDER

http://www.latimes.com/news/nationworld/world/la-fg-border-shooting-20100610,0,6357135.story

The Mexican government Wednesday vigorously protested the shooting this week of a 15-year-old boy at Mexico's border with Texas. The boy, Sergio Hernandez Guereca, died of a wound to the face. U.S. officials say he died after a Border Patrol agent opened fire Monday night on a group of Mexicans throwing rocks at the agent, who was attempting to arrest suspected illegal immigrants...
[to read complete article, go to the link: http://www.latimes.com/news/nationworld/world/la-fg-border-shooting-20100610,0,6357135.story]



2. BORDER PATROL TASER DEATH OF ANASTASIO HERNANDEZ IN SAN DIEGO
http://news.bbc.co.uk/2/hi/world/us_and_canada/10211188.stm

Mexico has demanded a full investigation into the death of one of its citizens after he was beaten and shot with electric stun guns by US border patrol agents.

The incident happened as Anastasio Hernandez was about to be deported from the US state of California. A spokeswoman for the US Border Patrol said its officers had acted in self defence after he became violent.

Mr Hernandez had lived and worked in California for more than 20 years. In a statement, the Mexican foreign ministry expressed its "indignation" and condemned the events that led to his death.

Mr Hernandez died in a hospital near San Diego on Monday, three days after he was beaten and shot with Taser stun guns as agents tried to deport him...
[to read complete article, go to the link: http://news.bbc.co.uk/2/hi/world/us_and_canada/10211188.stm]

3. 18% increase in human recovered remains this year over last (108).

BORDER PATROL "RESCUES" 2 MEXICANS IN THE DESERT

Posted: Jun 07, 2010 2:56 PM EDT

WELLTON, Ariz. (KGUN9-TV) - U.S. Border Patrol agents rescued two men stranded in the desert Thursday after they activated a rescue beacon near the Gila Mountains, the Border Patrol said Monday, in a media release.

Both men were Mexican citizens in the United States illegally, according to the Border Patrol. On Thursday afternoon, agents assigned to the Wellton Station responded to a rescue beacon activation about 15 miles southeast of the Fortuna Foothills near the Gila Mountains.

Agents found two adult males in need of water near the beacon, the release said. Here is more on the incident:
"Agents offered the men water and discovered that they had illegally entered the United States on May 30 and had been wandering the desert for nearly four days. Both men refused advanced medical care and were subsequently taken into custody and transported to the Wellton Border Patrol Station for processing.
"At the station, agents ran records checks on the men and learned that one of the subjects had been previously removed on four separate occasions after illegally entering the country. Both men were Mexican citizens.
"Since Oct. 1, 2009, Yuma Sector Border Patrol agents have rescued 17 people suffering from heat-related stress in the Arizona desert."

(That's all they've "rescued?" Look at how many have died... - Peg)

--

Laura Ilardo
No More Deaths-Phoenix
(602)818-5447
www.my.calendars.net/nomoredeaths

Community and State Brutality.

This is heartbreaking. Someone I love could have easily been killed this way if the cops dealing with him didn't exercise considerable restraint and compassion. I guess I could be, myself. I don't know what the entire context here was - even the part I cut out doesn't tell the whole story of what these cops were looking at, and how they dealt with it, so that's not necessarily a judgment.


This is, however: If we lock people away from their families for any period of time - especially at such extraordinary cost - we need do a better job helping  them deal with their addictions and mental illnesses, too. In the meantime,  there has to be a better way of getting people in for mental health services when they're like this than tasering, arresting or re-incarcerating them...

Us, rather. I meant to say "us." I do that dissociative thing with "them" too often, so I'm stating it more clearly: We are human beings, too, with hopes and frailties, most of us longing for some kind of  connection - even if we seem pretty out there. We are the people everyone's so afraid of all the time: addicted, poor and crazy. I'm out there, too, getting into cops' faces no matter how hard I try not to. That doesn't mean I'll resort to violence, though - or need to be controlled with force. Even so, please ask people to be more gentle with us. We're always out-numbered and out-gunned (and usually in cages or a handcuffs) when this kind of thing happens.


None of that should come as a surprise to people who know me; I got out on this limb here awhile ago, and didn't really "choose" it. I  have very little to lose at this point in my life, and a great deal at stake in how our community works this kind of thing out - in whether or not we collectively wring our hands and walk away from all this now. Whether or not I speak up or act out, I'm going to end up in deep trouble with whomever wins the election if we - not the politicians - don't take responsibility for doing right by people caught up at all points (as victims and "criminals") in our system of justice. 

That's where the change has to come from first: the hearts and minds of the folks who make up the community. Until then, people like me will just keep dying like this guy and Marcia did - as tragic, passing thoughts.


I'm too tired for much more than this tonight.

---------

Drugs, Taser hit, heat may have led to man's death

by Nathan Gonzalez - Nov. 20, 2009 01:51 PM
The Arizona Republic

 

Three months after being released from an Arizona prison after serving time on drug and robbery charges, Francisco Pelayo Sesate hoped a move near his two daughters in Nebraska would be enough to turn his life around.

Instead, a combination of drugs, physical exertion and two five-second blasts from Mesa police officer's Taser at a Quick Trip convenience store Aug. 20 may have ultimately caused the 36-year-old's death.

A newly released police report details the Sesate's final hours as he stripped naked and created a wild disturbance in a convenience store parking lot.

Doctors who treated him at Banner Desert Medical Center said the combination of drugs in Sesate's system, the blasts from the Taser and his 108-degree body temperature meant his organs were "basically cooking inside his body."

A toxicology report revealed Sesate had opiates, amphetamines and cocaine in his system when he died on Aug. 20...

  (continue at the AZ Republic)

...After Sesate shoved the second officer, Riordan fired his Taser, hitting Francisco Sesate in the chest. Cell phone video shot by customer inside the store captured the man falling through the business' front door and onto the ground.

The video, which was uploaded to YouTube, shows the officers struggling with Sesate on the floor as they attempt to handcuff both hands. When the man refused to place both hands behind his back, Riordan fired his Taser a second time.

Police successfully handcuffed the man, but he began kicking at the officers. They then restrained his feet.
"After Francisco was rolled over on his right side, I noticed that Francisco appeared not to be responsive or breathing," a police report states. The handcuffs were removed and police began CPR.

EMS crews were already en route and took Sesate to Banner Desert Hospital where he remained in critical condition and on a ventilator for seven hours until he was pronounced dead.

Doctors told police his heart was beating 180 times per minute, and he was experiencing multi-organ failure.
Detective Steve Berry, a police spokesman, said it's department policy to investigate incidents where an officer's use of force resulted in death. That investigation remains ongoing, and a final use of force report has not yet completed.