County Inmate’s Death Ruled a Homicide

Los Angeles County coroner’s investigators disclosed Tuesday that doctors have ruled that an inmate who died in November during a “physical altercation” with seven sheriff’s deputies at the Twin Towers jail was a victim of homicide.

Lt. Ray Peavy of the sheriff’s Homicide Bureau said the department’s detectives are continuing their own probe into the inmate’s death. He said their findings will be turned over to the district attorney’s office, which will decide whether to pursue criminal charges against the deputies involved.

According to the coroner’s investigation--which took four months to complete--inmate Mark Philyaw, 33, suffocated when deputies tried to restrain him.

“He died of traumatic and positional asphyxia,” said Craig Harvey, chief coroner’s investigator. “His death was partially caused by someone lying on top of him and partially caused by the position his body was in.”

Doctors also found that Philyaw--who was in jail because of a traffic violation--also had an enlarged heart and a blood condition, which they said contributed to his death.

“At this point,” Peavy said, “there is nothing to indicate that the deputies did anything other than their jobs.”

The coroner’s disclosure comes amid continuing allegations of deputy misconduct in the Los Angeles County jail system. As many as 14 sheriff’s deputies are under investigation for allegedly encouraging attacks on suspected child molesters at the Men’s Central jail. So far, two deputies have been relieved of duty in that case.

Tuesday, sheriff’s officials sought to downplay the implications of Philyaw’s death, saying there is no evidence of deputy misconduct in the case.

“A homicide doesn’t necessarily mean it’s criminal,” said sheriff’s custody chief Bob Pash.

California law defines homicide as death at the hands of another.

Richard Shinee, an attorney for the deputies involved, said, “It is not uncommon [to have a death] in circumstances where you have a suspect with a weakened heart who engages in a violent struggle with law enforcement.” The deputies, he said, “didn’t do anything wrong.”

But attorney Carl Douglas, who represents Philyaw’s family, believes otherwise.

“Our information suggests that Mr. Philyaw was attacked when he expressed his inability to comply with deputies’ requests that he bend over to submit to a strip search,” Douglas said. “He was pummeled mercilessly and his windpipe subsequently crushed during the struggle. He was unarmed and naked at the time of his death.”

The incident occurred Nov. 25, when Philyaw returned from court with many other inmates and was placed in a holding cell.

When he failed to submit to the strip search, a struggle ensued, sheriff’s investigators said. At least three deputies tried to restrain the inmate--who was 6 feet 5 inches tall and weighed 250 pounds--causing him to lose consciousness.

Douglas said Philyaw had suffered damage to his knee in an earlier automobile accident, which made it difficult for him to comply quickly with the deputies’ orders to bend over. Because he failed to swiftly obey, the lawyer said, the deputies assumed he was being defiant.

After the incident, Philyaw was treated at the jail infirmary and moved to County-USC Medical Center, where he was pronounced dead.

Although the coroner’s office released the cause of Philyaw’s death, its formal investigative findings are not expected to be made public until next week, more than four months after the confrontation at the jail.

“On these types of cases, it’s not unusual to take this long,” coroner’s investigator Harvey said. “It requires a lot of interviews and scene investigation to re-create what happened.”

Douglas--a former associate of trial attorney Johnnie L. Cochran Jr.--said he wants the U.S. Justice Department to look into the matter.

“This tragedy demands an independent investigation,” Douglas said. “We are confident that once a fair and independent examination is completed, the perpetrators of this crime will be brought to justice.”

He said Philyaw’s family intends to file a wrongful death lawsuit.

Philyaw was arrested Nov. 20 for driving with a suspended license. He was ordered released from custody the day he was killed.