According to an investigation report produced by Commonwealth’s Attorney Michael Doucette, police officers Michael B. Eagle and Michael A. Huntsman came to Beard’s apartment that morning looking to arrest a woman on outstanding warrants. The report states that Beard let the officers in to search, but that he later tried to stop Eagle from searching the bedroom area. Doucette’s report noted that Beard put his forearm across Eagle’s chest, assaulting the officer. The lawsuit claims Beard was withdrawing his consent to the warrantless search. Apparently, the police did not find anything incriminating from the search.

A fight between Beard and the officers ensued, continuing through the apartment, both accounts note. Beard was hog tied with the help of backup officers and was taken outside the apartment where he was laid face down on the ground.  The lawsuit claims police ignored pleas by bystanders for several minutes that Beard had stopped breathing, although the prosecutor’s report notes dashboard cameras show policemen tried to revive him. 

The family says police mistreated the 46-year-old Beard and could have done more to save his life. Beard died while handcuffed outside his apartment.