The wrongful death lawsuit names the City of Dallas and three of the seven officers involved in arresting Fernandez. His family said excessive force and pepper spray caused his death. "He didn't die of heart disease. He died of asphyxia. I think all that was a lot of smoke and mirrors on the part of the [Medical Examiner], and I'm pretty sure that was presented to the grand jury," family attorney Raul Loya said. That grand jury cleared all seven officers last Friday.Witnesses claim Pedro Fernandez was beaten with flashlights by the seven responding officers before he stopped breathing - and died. [more
]"One
guy was on him like this and had him like this," said friend Daniel
Martinez, clasping his hands to show a neck restraint. "They wouldn't
get off of him, and he was saying 'I can't breathe, I can't breathe ...
I'm getting a seizure.' They wouldn't let him up." Fernandez, who
weighed more than 300 pounds, died a short time later after collapsing.
Police said they were attempting to arrest him after a domestic
violence dispute. Officers said he resisted arrest, so they used
various police methods - including pepper spray - to subdue him. Even
Fernandez' friends and neighbors said he was resisting arrest, but they
said once he was on the ground he gave up and kept begging officers to
stop. "He was just yelling like he was in pain," neighbor Heather
Vasquez said. Paramedics were called to the scene and took Fernandez'
vital signs, which police say were normal, but minutes later he
collapsed. [more ]