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Death of Prisoner in Altercation at Jail Is Ruled a Homicide

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Times Staff Writer

The death of an inmate who died at the downtown County Jail after an altercation with sheriff’s deputies was ruled a homicide Friday by the San Diego County coroner’s officials.

Albert Manuel Varela, 28, of Lakeside, died Jan. 21 after a struggle with four deputies. According to the Sheriff’s Department’s version of the incident, Varela became combative in the jail’s strip tank and attempted to punch the deputies, who restrained him. Sheriff’s homicide detectives said that Varela, who was 6 feet tall and weighed 200 pounds, stopped breathing and died after a deputy used a carotid hold to restrain him.

However, several inmates who witnessed the incident told The Times that Varela was provoked by a deputy who was strip searching him. Steve Douglas, who was a jail trusty at the time, said that the deputy made obscene remarks to Varela during the strip search. Varela was subjected to two, possibly three, strip searches, Douglas said.

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Objected to Searches

Varela objected to the repeated searches and the deputy hit him on the neck with his right elbow, Douglas added. Three more deputies also began beating the naked, handcuffed Varela, said Douglas. Varela was dragged into another room, where the beating continued, he said.

On Friday, Deputy Coroner David Lodge released a one-sentence statement that said:

“The cause of death . . . was cardiorespiratory arrest, following an altercation with law enforcement personnel; carotid restraint and handcuffing.” Lodge said that the death was ruled a homicide but declined to give additional details.

Basically, ruling Varela’s death a homicide indicates that he died at the hands of another. It is up to sheriff’s homicide investigators and the San Diego County district attorney’s office to decide if the killing was justified. If authorities conclude that Varela’s death was unjustified, those responsible could be charged with anything from voluntary manslaughter to murder.

‘No Comment’ Instruction

Sgt. Suzanne Hatcher, a Sheriff’s Department spokesman, said Friday that sheriff’s spokesmen were advised late in the afternoon that the coroner’s office would be releasing the cause of death, and they were instructed to answer reporters’ questions with: “No comment.” The names of the deputies involved in the beating have not been disclosed.

Last week Sheriff’s Lt. Bill Baxter said that the investigators’ findings would be forwarded to the district attorney’s office for review. However, Sheriff’s Department officials have refused to discuss the investigation, and the coroner’s office has refused to make the autopsy results public until it reviews the sheriff’s investigative report.

A coroner’s source who is familiar with the autopsy and who requested anonymity said that Varela’s body and head were covered with numerous bruises. A toxicology test showed no traces of illegal drugs, the source added.

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Attorney Manny Sanchez, who is representing Varela’s family, argued that Varela’s death should not be labeled anything less than a murder.

“It certainly wasn’t accidental. If you were to add up all the statements of the independent witnesses, it points to a problem at the jail,” Sanchez said. “ . . . Mr. Varela was a victim, not an aggressor.”

Echoed Sanchez’s Charge

Roberto Martinez, co-chairman of the Chicano Federation, echoed Sanchez’s charge that Varela’s death was a murder.

“We don’t expect anything less. . . . Hopefully, these deputies will be prosecuted to the full extent of the law,” said Martinez.

Douglas and other witnesses to the fight said that the deputies beat Varela for 4 to 5 minutes after they dragged him inside an adjoining room and closed the door. At least one of the deputies used a baton, the witnesses said.

“You could hear the four deputies teeing off on this guy,” Douglas said. “One deputy took his baton with him and you could hear the inmate yelling, ‘Oh, my God! Please don’t beat me no more!’ ”

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Witness Saw Blood

When they walked out of the room, the deputies had blood on their uniforms and at least two had blood on their hands, Douglas said. Another deputy was wiping off his baton, he added. Another inmate witness said that one deputy had “a yellow bile” stain on his shoulder and hurried to a bathroom to wash it off.

Meanwhile, Varela was left in the room, naked. When a deputy checked on him a few minutes later, he ran back to tell the others that Varela was not moving or breathing. Attempts to revive Varela at the jail were unsuccessful. He was taken to UC San Diego Medical Center, where he was pronounced dead.

After the incident, the deputies discussed what they were going to tell investigators, Douglas said.

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