California will pay a $24m civil rights settlement to the family of a man who died in police custody after screaming \u201cI can\u2019t breathe\u201d as multiple officers restrained him while trying to take a blood sample, lawyers said Tuesday.<\/p>\n\n\n\n
Seven California highway patrol (CHP) officers and a nurse were charged with involuntary manslaughter earlier this year in connection with the 2020 death of Edward Bronstein, 38.<\/p>\n\n\n\n
Memorial for Banko Brown outside Walgreens in San Francisco
A Walgreens guard killed a Black trans organizer. His community wants answers
Read more
Annee Della Donna and Eric Dubin, attorneys for Bronstein\u2019s young children, said it was the largest civil rights settlement of its kind by the state of California, and the second largest nationally since the city of Minneapolis paid $27m in the George Floyd case.<\/p>\n\n\n\n
The settlement comes amid renewed scrutiny of potentially fatal restraints following last week\u2019s killing of a New York City subway rider, Jordan Neely, who was placed in a chokehold by a US marine veteran. Bronstein\u2019s death also echoes that of Eric Garner, a New Yorker put in a chokehold by police in 2014 and whose dying words \u201cI can\u2019t breathe\u201d became a chant in protests against racial injustice. Both Garner and Neely were Black.<\/p>\n\n\n\n
The Los Angeles county coroner said Bronstein\u2019s death was caused by \u201cacute methamphetamine intoxication during restraint by law enforcement\u201d. The report lists Bronstein\u2019s race as white.<\/p>\n\n\n\n
Bronstein was taken into custody following a traffic stop on suspicion of driving under the influence on 31 March 2020. He died at a highway patrol station in Altadena, north of downtown Los Angeles, less than two months before Floyd was killed by police in Minnesota as he, too, repeatedly told officers, \u201cI can\u2019t breathe.\u201d<\/p>\n\n\n\n
George Gasc\u00f3n, the LA county district attorney, said while announcing the criminal charges in March that the highway patrol officers failed Bronstein, \u201cand their failure was criminally negligent, causing his death\u201d.<\/p>\n\n\n\n
A nearly 18-minute video showing the officers\u2019 treatment of Bronstein was released last year after a judge\u2019s order in the family\u2019s federal lawsuit alleging excessive force and a violation of civil rights.<\/p>\n\n\n\n
Family members have said Bronstein was terrified of needles and they believe that\u2019s why he was reluctant to comply with the CHP officers initially as they tried to take a blood sample.<\/p>\n\n\n\n
The video, filmed by the sergeant, shows several officers forcing a handcuffed Bronstein to a mat on the floor as he shouts, \u201cI\u2019ll do it willingly! I\u2019ll do it willingly, I promise!\u201d<\/p>\n\n\n\n
He continues screaming as six officers hold him face-down \u2013 the lawsuit alleged they put their knees on his back \u2013 and pleads for help.<\/p>\n\n\n\n
\u201cIt\u2019s too late,\u201d one officer replies. \u201cStop yelling!\u201d another shouts.<\/p>\n\n\n\n
\u201cI can\u2019t breathe!\u201d and \u201cI can\u2019t!\u201d Bronstein cries, and an officer responds, \u201cJust relax and stop resisting!\u201d<\/p>\n\n\n\n
But Bronstein\u2019s voice gets softer and he then falls silent. While he is unresponsive, the nurse continues to draw blood and the officers keep pinning him down.<\/p>\n\n\n\n
After they realize he may not have a pulse and does not appear to be breathing, they slap his face and say, \u201cEdward, wake up.\u201d More than 11 minutes after his last screams, they begin CPR.<\/p>\n\n\n\n
Bronstein never regained consciousness and was later pronounced dead.<\/p>\n\n\n\n
Sean Duryee, the CHP commissioner, offered condolences to the family in a statement and said he would respect the judicial process. His office didn\u2019t immediately respond on Tuesday to a request for comment on the settlement.<\/p>\n\n\n\n
The officers, who were put on administrative leave in March, face one count each of involuntary manslaughter and one felony count of assault under the color of authority. If convicted, they could receive up to four years in prison. The registered nurse was also charged with involuntary manslaughter.<\/p>\n\n\n\n
Bronstein\u2019s death prompted the CHP to change its policies to prevent officers \u201cfrom using techniques or transport methods that involve a substantial risk of positional asphyxia\u201d, the agency said. Additional training was also ordered for uniformed officers.<\/p>\n\n\n\n
Gavin Newsom, California\u2019s governor, signed a law in September 2021 barring police from using certain face-down holds that have led to multiple unintended deaths. The bill was aimed at expanding on the state\u2019s ban on chokeholds in the wake of Floyd\u2019s murder.<\/p>\n\n\n\n