CA To Pay $24M For Police Custody Death, An Historic Sum In Such Cases

LOS ANGELES, CA — California will pay a $24 million civil rights settlement to the family of a man who died in police custody after screaming “I can't breathe” as multiple officers restrained him while trying to take a blood sample, lawyers said Tuesday.

Seven California Highway Patrol officers and a nurse await trial in the case after being charged with involuntary manslaughter earlier this year in connection with the 2020 death of Edward Bronstein, age 38.

Annee Della Donna, an attorney for Bronstein's parents and 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 $27 million in the George Floyd case. Della Donna has scheduled a news conference in Los Angeles for later 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, Jordan Neely, who was placed in a chokehold by a U.S. Marine veteran. Bronstein's death also echoes that of Eric Garner, a New Yorker put in a chokehold by police in 2014 and whose dying words “I can’t breathe” became a chant in protests against racial injustice. Both Garner and Neely were Black.

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, “I can’t breathe.”

A nearly 18-minute video filmed by the sergeant present during the incident begins with Bronstein handcuffed and kneeling while refusing to submit to a blood test after being arrested on suspicion of driving under the influence on the Golden State (5) Freeway. An off-camera officer warns him that he has one more chance to submit voluntarily before officers hold him down to draw his blood.

"This is wrong," Bronstein mumbles in the video.

"You're bringing the fight to this, not us," an officer tells him.

"Just give me a minute, ok? Please," Bronstein asks.

As several officers push him to the ground, Bronstein begins screaming. "Please no! I'll do it willingly. I'll do it willingly! I'll do it willingly! I promise."

“It’s too late,” one officer replies.

Five officers hold him down to the ground, and at least two officers in the video appear to use a knee to pin him down.

That's when Bronstein starts screaming, "I can't breathe!" He's loud at first, but then his voice grows fainter each time he yells it.

"Stop yelling," one of the officers responds.

He continues screaming as six officers hold him face-down.

"You're pushing on my throat," Bronstein says.

It's the last distinguishable phrase he says before going quiet and appearing to lose consciousness. The officers continue to hold him down for several more minutes as the blood draw is completed. They check for his pulse, shake him, and tap his face repeatedly to try to wake him, but it's more than 11 minutes before CPR is performed, the video shows. Bronstein never regained consciousness and died in CHP custody.

The Los Angeles County coroner said Bronstein’s death was caused by “acute methamphetamine intoxication during restraint by law enforcement.” The report lists Bronstein’s race as white.

"These officers had a legal duty to Mr. Bronstein. He was in their custody. We believe that they failed their duty and their failure was criminally negligent, causing his death," LA County District Attorney George Gascón said in March when announcing criminal charges against the officers involved.

The video showing the officers’ treatment of Bronstein was released last year following a judge’s order in the family's federal lawsuit alleging excessive force and a violation of civil rights.

The state attorney general’s office is representing the CHP and fought in court to keep the video sealed.

“The state of California did not want us to release this video,” Luis Carrillo, the family's attorney told the Los Angeles Times. “Thank God that the judge agreed with us, and that’s why you can now see this video. ... It’s horrible, but it is the only way his family can get some justice.”

Family members have said Bronstein was terrified of needles and they believe that’s why he was reluctant to comply with the CHP initially as they tried to take a blood sample.

In a statement, CHP Commissioner Sean Duryee extended condolences to the family and said he would respect the judicial process. His office didn’t 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’s death prompted the CHP to change its policies to prevent officers “from using techniques or transport methods that involve a substantial risk of positional asphyxia,” the agency said. Additional training was also ordered for uniformed officers.

In September 2021, Gov. Gavin Newsom signed a law barring police from using certain face-down holds that have led to multiple unintended deaths. The bill was aimed at expanding on the state’s ban on chokeholds in the wake of Floyd’s murder.

Editor's Note: This video contains graphic footage showing the death of a man in California Highway Patrol custody.

The Associated Press and Patch Staffer Paige Austin contributed to this report.