NLV Police officers to face inquest in death

Keith Paul

Thursday, June 27, 2002 | 10:55 a.m.

North Las Vegas Police officers face a coroner's inquest after a medical examiner determined a 31-year-old man who struggled in April with them died from asphyxiation, officials told the Sun Wednesday.

The inquest will determine whether Officers Mark Hoyt and Shayne Skipworth -- and possibly additional responding officers -- were criminally responsible in the death of Roberto Arce or if their actions were justified or excusable. Arce's death was caused by a lack of oxygen due to restrain asphyxiation and ruled a homicide Monday, Coroner Ron Flud said.

Three other officers -- Brian Sachs, Leonard Cardinale and Mike Carmody -- were also called to the scene and helped take Arce into custody.

Flud said ruling the death a homicide is not a determination of a criminal act, but that Arce's death was caused by another person. The inquest has not yet been scheduled.

Police conducted an investigation of the incident and determined there was no criminal act on the part of the officers, said Lt. Art Redcay, a department spokesman.

The officers were interviewed and underwent a psychological evaluation and returned to duty. Redcay said the officers would not be relieved of duty pending the inquest.

Police were called to a home in the 600 block of Newbridge Way, near Gowan Road and Revere Street on April 8 about 9 p.m. for the report of a man "acting crazy, trying to break windows and high on drugs," according to a police press release.

Police said Arce, a father of three and a truck driver, started a fight with Hoyt and Skipworth and was subdued only after additional officers arrived. But once he was handcuffed, Arce stopped breathing and was taken to MountainView Hospital where he died April 11. Officers has been called to the Newbridge Way home two other times prior to April 8 on reports of Arce acting crazy, police said.

Restraint asphyxiation can be caused when someone is held down and the person's own weight along with the pressure of another person makes it impossible for the person being held to breathe, Flud said. The way Arce died will be determined at the inquest.

Cal Potter, an attorney representing Arce's family, said some witnesses have been found through his investigation and their names were turned over to the coroner's office for the inquest.

"Our intent is to cooperate with them (coroner's office)," he said.

A federal civil rights law suit against the officers and the department is likely to be filed, he said.

Arce's death is similar to the February death of Craig Becker, 46, who died after a struggle with three Metro Police officers at his home Feb. 16.

An inquest jury May 2 cleared the officers of any wrongdoing ruling the death was excusable homicide.

The jury also ruled that Becker was the person who caused the death -- the first time in the 18 years Flud has been with the coroner's office he has seen such a ruling.

Becker died from restraint asphyxiation and posterior neck compression with other factors such as obesity and agitated delirium contributing, according to testimony at the inquest.