LOS ANGELES (AP) 鈥 California will pay a $24 million civil rights settlement to the family of a man who died in police custody after screaming 鈥淚 can't breathe鈥 as multiple officers restrained him while trying to take a blood sample, lawyers said Tuesday.
Seven California Highway Patrol officers and a nurse were with involuntary manslaughter earlier this year in connection with the 2020 death of Edward Bronstein, age 38.
Annee Della Donna and Eric Dubin, attorneys for Bronstein's young children, said it's the largest civil rights settlement of its kind by the state of California, and the second largest nationally since the city of Minneapolis paid in the case. The attorneys scheduled a news conference in Los Angeles for Wednesday to provide details.
The settlement comes amid renewed scrutiny of potentially fatal restraints following last week's death of a New York City subway rider, , who was placed in a chokehold by a U.S. Marine veteran. Bronstein's death also echoes that of , a New Yorker put in a chokehold by police in 2014 and whose dying words 鈥淚 can鈥檛 breathe鈥 became a chant in protests against racial injustice. Both Garner and Neely were Black.
The Los Angeles County coroner said Bronstein鈥檚 death was caused by 鈥渁cute methamphetamine intoxication during restraint by law enforcement.鈥 The report lists Bronstein鈥檚 race as white.
Bronstein was taken into custody following a traffic stop on suspicion of driving under the influence on March 31, 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, 鈥淚 can鈥檛 breathe.鈥
When announcing the criminal charges in March, LA County District Attorney George Gasc贸n said the highway patrol officers failed Bronstein, "and their failure was criminally negligent, causing his death.鈥
A nearly showing the officers鈥 treatment of Bronstein was released last year following a judge鈥檚 order in the family's federal lawsuit alleging excessive force and a violation of civil rights.
Family members have said Bronstein was terrified of needles and they believe that鈥檚 why he was reluctant to comply with the CHP initially as they tried to take a blood sample.
The video, filmed by the sergeant, shows several officers forcing a handcuffed Bronstein to a mat on the floor as he shouts, 鈥淚鈥檒l do it willingly! I鈥檒l do it willingly, I promise!鈥
He continues screaming as six officers hold him face-down 鈥 the lawsuit alleged they put their knees on his back 鈥 and pleads for help.
鈥淚t鈥檚 too late,鈥 one officer replies. 鈥淪top yelling!鈥 another shouts.
鈥淚 can鈥檛 breathe!鈥 and 鈥淚 can鈥檛!鈥 Bronstein cries, and an officer responds, 鈥淛ust relax and stop resisting!鈥
But Bronstein鈥檚 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.
After they realize he may not have a pulse and does not appear to be breathing, they slap his face and say, 鈥淓dward, wake up.鈥 More than 11 minutes after his last screams, they begin CPR.
Bronstein never regained consciousness and was later pronounced dead.
In a statement, CHP Commissioner Sean Duryee extended condolences to the family and said he would respect the judicial process. His office didn鈥檛 immediately respond Tuesday to request for comment on the settlement.
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 get up to four years in prison. The registered nurse was also charged with involuntary manslaughter.
Bronstein鈥檚 death prompted the CHP to change its policies to prevent officers 鈥渇rom using techniques or transport methods that involve a substantial risk of positional asphyxia,鈥 the agency said. Additional training was also ordered for uniformed officers.
In September 2021, Gov. Gavin Newsom barring police from using certain face-down holds that have led to multiple unintended deaths. The bill was aimed at expanding on the state鈥檚 ban on chokeholds in the wake of Floyd鈥檚 murder.
