CHICAGO — No criminal charges will be filed against Chicago Police in a case where a man died while in custody in 2015 in Brighton Park, Cook County State's Attorney Anita Alvarez announced Thursday.
Officers were responding to a report of burglary at 1:25 a.m. on July 20, 2015, in the 3000 block of West Pershing Road when they saw the suspected burglar, Heriberto Godinez Jr., 24, police said at the time of the incident.
Godinez, of the 3000 block of West Pershing Road, was sweating heavily and had labored breathing, according to police. Officers notified paramedics but the man became unresponsive and was pronounced dead at the scene at 1:50 a.m.
Godinez died from cocaine and alcohol poisoning, though physical stress from being restrained by police was a "significant contributing factor," the Cook County Medical Examiner's Office concluded at the time.
Godinez allegedly was agitated and injured himself during and after being apprehended by police, the Medical Examiner's office said at the time. After he was placed in the car, there was a "loud thump" before he was transported anywhere, and he was found face down and unresponsive in the car, according to the office.
"While the factors listed would support a manner of death finding as accidental, the actions of the arresting officers prior to and following the available video footage may also have resulted in physical stress on the body despite the fact that there were no lethal injuries or evidence of asphyxia," according to the Medical Examiner.
Medical examiners also could not determine if several other medical conditions, including stroke, contributed to the death. "For these reasons, manner of death is best deemed undetermined," a news release said at the time.
On Thursday, Alvarez said in a statement that after analyzing information in the case, including a dashboard camera video, "it cannot be proven beyond a reasonable doubt that the actions of the Chicago Police Officers in restraining Godinez were unjustified or that they were the case of the Godinez' untimely death."
Alvarez said her office used an independent medical examiner in investigating the case. That second opinion was that "the primary cause of death was cardiac dysrhythmia brought on by a combination of cocaine and alcohol" and that there was no evidence "of asphyxiation, blunt force injury or broken bones."
"Despite the tragic outcome in this case, [the state's attorney's office] would be unable to prove beyond a reasonable doubt that the officers used excessive force in arresting Gonzalez," Alvarez' office said.
The officers have been on desk duty, according to the Tribune.
Godinez' family members have filed a lawsuit against Chicago Police saying that the officers stood on Godinez' neck during the arrest.
Alvarez' office also posted the dashcam video on her website that shows officers struggling with a kicking and screaming Godinez, including stepping on his head (around 3:48). After calming down for a time, a handcuffed Godinez begins rolling around on the ground again (around 11:59) and lodges himself under a car.