RE: Victor McLaughlin In-Custody Death 777 Bannock Street November 11, 2001 February 6, 2002 Contact: Lynn Kimbrough, 720-913-9025 The review of the investigation of the in-custody death of Victor McLaughlin has been concluded. The incident which lead to his death occurred on November 11, 2001, in the parking lot of the Denver Health Medical Center, 777 Bannock Street, Denver, Colorado. No criminal charges are fileable against the three “good-Samaritan” citizens, two Hospital Shared Services security personnel, or one Denver police officer that, at varying times, were involved in this violent confrontation with McLaughlin. A review of the totality of the evidence amassed in this investigation supports the conclusion that the violent actions of McLaughlin caused the necessity for significant force to be used to control him. The degree and nature of the injuries described in Dr. Henry’s autopsy report are consistent with the force used as described by the participants in and witnesses to this confrontation. Three “good-Samaritan” citizens ran to the aid of Marion McLaughlin (McLaughlin’s mother) who was pleading for help. McLaughlin was on top of his mother on the parking-lot pavement, and to those who observed it, appeared to be physically assaulting her. Mrs. McLaughlin stated to investigators that she is sure that it looked to them (the citizens) like McLaughlin was trying to hurt her. She stated that she was frightened and startled by his behavior. She felt that he was not in control. She said she was afraid he might hurt her and she was afraid she could not help him. A woman who helped Mrs. McLaughlin after she was freed from her son told investigators that Mrs. McLaughlin stated that her son was acting crazy and to hide her from him. The lengthy efforts of the three “good-Samaritan” citizens to first free her from McLaughlin, then subdue him, and control him until authorities arrived was a very violent confrontation. It was the out of control, violent, and continuously resistant conduct of McLaughlin that necessitated the degree of force they used. Witnesses described McLaughlin as having the woman (Mrs. McLaughlin) in a headlock, pulling her hair, and striking at her. They described him as screaming and yelling throughout the event. In the process of their efforts to assist, one of the citizens placed his legs in a “scissors-lock” around McLaughlin’s chest. This witness also placed his hand on McLaughlin’s neck at various times during the struggle in his efforts to control McLaughlin. He described his ongoing concern that McLaughlin would break free from the other two citizens who were tiring in their efforts to control McLaughlin’s arms and legs and McLaughlin would then attack him. He stated he pressed with greater force on McLaughlin’s neck to try to control him and protect himself. It is this conduct that explains the injuries to McLaughlin’s neck. As a result of the efforts to intervene and rescue Mrs. McLaughlin, one of the citizens stated, “The man was very violent – my ruined shirt and bruised knuckles and scraped body will attest to that.” By the time the Hospital Shared Services security personnel arrived, the three “good-Samaritan” citizens had sufficient control of the still struggling, flailing, and kicking McLaughlin to allow the security personnel to handcuff him. McLaughlin continued to struggle and kick. The security personnel were able to assist the citizen who had McLaughlin in the “scissors-hold” to free himself. The security personnel continued efforts to control McLaughlin. The security personnel then lifted McLaughlin up and began to walk him into the hospital. During this process, McLaughlin stopped walking and went to his knees. There was a continuation of the struggle, including McLaughlin flailing and kicking his feet. He continued to yell and scream. Denver police had been called and at this point the first officer arrived. McLaughlin was on the ground with the security personnel attempting to control him. The officer told investigators that McLaughlin was cussing, screaming, and using the “f” word a lot. The officer attempted to assist by placing his nunchakas around one of McLaughlin’s ankles to control his kicking. The officer described McLaughlin as being very strong and “thinking this guy is on something (Autopsy report toxicology testing revealed the presence of cocaine.).” At about this same time, McLaughlin stopped fighting. The officer and security personnel determined that McLaughlin was not breathing. They called for an ambulance. While awaiting the arrival of the ambulance, one of the security personnel started and continued CPR on McLaughlin. Paramedics arrived, provided medical assistance and took McLaughlin to the emergency room for treatment. McLaughlin died a few days later at Denver Health Medical Center. In his autopsy report, Dr. Henry stated it was his opinion that McLaughlin’s “death was due to complications of anoxic encephalopathy following cardiac arrest due to restraint asphyxia during excited delirium.” The three “good-Samaritan” citizens had the most lengthy and intense struggle with McLaughlin, followed in length and intensity by the security personnel. The Denver police officer had relatively minimal contact at the very end of the confrontation. The incident was over by the time the paramedics became involved. Because there was private citizen (non-police officer) involvement in this matter, in addition to the usual statutes that apply in these cases, the following statutes are pertinent to our review. C.R.S. 18-1-704. Use of physical force in defense of a person. A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use the degree of force which he reasonably believes to be necessary for that purpose. C.R.S. 18-1-707. Use of physical force in making an arrest or in preventing an escape. (7) A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent he reasonably believes it necessary to effect an arrest, or to prevent an escape from custody of an arrested person who has committed an offense in his presence. C.R.S. 16-3-201. Arrest by a private person. A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest. C.R.S 16-3-203. Preventing a crime – reimbursement. Any person who is not a peace officer . . . who is made the defendant in any civil action as a result of having sought to prevent a crime being committed against any other person, and who has judgment entered in his favor shall be entitled to all his court costs and to reasonable attorney fees incurred in such action. ©2001 Denver District Attorney. All rights reserved.
Posted on: Tue, 11 Nov 2014 21:05:00 +0000
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