Jury rules in favor of NLV officers in police custody death

Thursday, Aug. 20, 2009 | 4:08 p.m.

Jury deliberates case of man who died in police custody (8-19-09)
Family: Police action during arrest contributed to death (8-10-09)
Six officers face inquest in man’s death (2-12-04)
Officers cleared in death of man (8-19-02)

A federal court jury today found that North Las Vegas police officers did not use excessive force in subduing a man who would later die and issued a verdict that awards no damages to the family of Roberto Arce.

The eight-member jury deliberated for almost six hours in U.S. District Court before issuing its verdict in favor of the officers. Jurors declined to comment.

The Arce family's attorney, Cal Potter, said he plans to appeal the verdict partly on the grounds that Judge James Mahan allowed the results of the coroner's inquest to be admitted as evidence.

"We think it tainted these proceedings," he said. "Even from the beginning we felt like it was an uphill battle."

The inquest jury found the officers' actions excusable and Arce's behavior led to his own death.

Arce's family filed a lawsuit in April 2004 alleging police officers violated the man's Fourth Amendment rights against illegal seizure and that they used excessive force that led to his death from cardiac arrest.

The family sought $10 million in damages.

Arce died at MountainView Hospital on April 11, 2002. The coroner determined the primary cause was a lack of oxygen to the brain caused by "restraint asphyxia."

The suit named as defendants the North Las Vegas Police Department, the city, Chief Joseph Forti and seven officers.

Attorneys for the defendants directed questions to North Las Vegas City Attorney Carie Torrence.

"We were thankful for the verdict and believe all along that the officers' actions that night were appropriate," Torrence said.

The officers were responding to a domestic violence call on April 8, 2002, at the Arces' home in North Las Vegas. Roberto Arce's wife and then-10-year-old stepdaughter placed the emergency call, telling the operator that he was acting wild and that they had locked him in the garage and out of the house.

Joana Arce, his wife, would tell detectives later that Roberto had been using cocaine that night and had an addition to the drug.

Officers testified that Arce came at them and they wrestled him to the ground. One officer said Arce bit him.

The officers cuffed his hands behind his back and later paramedics would bind his feet with gauze at the officers' request.

Potter argued throughout the trial that police had Arce hogtied and said they put pressure on his back to keep him from moving. Those actions caused Arce to stop breathing, Potter said.

Arce was suffering from "excited delirium" because of the cocaine and he needed medical attention, which the officers failed to recognize, Potter said.

Officers denied they ever tied Arce's hands and feet together in a hogtie fashion, which is against department policy.

The officers testified that whenever they would ease off of Arce, he would begin thrashing about and needed to be held on the ground.

An internal investigation found that the officers used acceptable procedures that night, department spokesman Sgt. Tim Bedwell said.

"I think the city and the organization realize this was really a tragic loss for the family," he said. "Our officers did everything they could to protect the family that night and that's what they did to the best of their ability."

Discussion: 8 comments so far…

By pbud33

8/20/09 at 6:22 p.m.

Suggest removal

He was high on drugs and violent with his own family? There are bad police, but not in this case...but these are simply stupid people trying to get a free lunch. Why we allow these ignorant people to pursue unfounded legal cases....
By tvegas

8/20/09 at 6:24 p.m.

Suggest removal

Knock me over with a feather.
By jlb101

8/20/09 at 8:01 p.m.

Suggest removal

Ten million? This loser was not even worth $3.98.
By NLV-Man

8/20/09 at 8:55 p.m.

Suggest removal

It's a loss for the family, which I am sorry for. However, I get sick and tired of people suing when their dirtbag family members decide to snort, smoke, or shoot dope all night and then try to fight the police. Maybe they should have gone to WEB MD and find out what the side effects of using cocaine half your life does to your body...it woulda saved them a ton of money. pbud is right, there are bad seeds everywhere, including law enforcement. But, there are FAR MORE good police officers that risk their lives everyday to help the very people that try to fight them when the smoke crack. Thank God for these officers. If he was locked in the garage I'm sure his rage would have increased, due to his COCAINE USE, and he could've killed one of them..then what? Sue the police for not doing anything? God bless the police.
By David1961

8/21/09 at 2:36 p.m.

Suggest removal

10million huh? hahahahahahahahahahhahhhhhaaaaa, maybe the Arce family should have done the smart thing and took out a life Insurance policy on him with a Company that didn't consider him a "High risk"....I swear being an investigator and having to go put together detailed reports on some of the stuff they deal with has to be just like putting you head down into a toilet that hasn't been flushed in a week,....yuk......
By ls1

8/21/09 at 11:31 p.m.

Suggest removal

They should of got the scumbag lawyer that got $700,000 for the ice cream lady.Thats what happens when you get greedy.
By Johnathan_Abbinett

8/23/09 at 10:39 a.m.

Suggest removal

KUDOS to the jury for supporting the police in just doing their jobs! I hope the family has to pay for the court costs!

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