Family Files Wrongful Death Lawsuit Against Barnstable Police

BARNSTABLE, MA — The family of a Cape Cod man who died two years ago sued Barnstable police, accusing the department of excessive force which led to the man's death.

Robert Miller, 63, died on April 16, 2019, while in police custody. In a complaint filed Wednesday in U.S. District Court in Boston, attorneys Howard Friedman and Jeffrey Wiesner said Miller had a mental health emergency, so his girlfriend called 911. The lawsuit said the two responding officers, Sean Roycroft and Spencer Jackson, failed to call a psychiatric assessment team and instead, forced Miller's chest down onto the floor. Miller couldn't breathe, cried for help and later died in his home due to cardiac dysrhythmia from the use of force, according to the complaint.

Barnstable police declined to comment on the incident.

According to the complaint, the altercation between Miller and the officers started outside Miller's home when Roycroft antagonized him. Miller told Roycroft he didn't want to continue speaking with him and went inside.

Roycroft then grabbed Miller from behind, forced him down onto his chest, and applied pressure to his back, according to the complaint. As Miller struggled to breath, Roycroft applied more pressure and Jackson struck Miller several times, the complaint said. By the time officers handcuffed Miller, he had no pulse and died in his home.

Miller was unarmed and never threatened the officers or any of his family members during his mental breakdown, according to the complaint. Friedman said the only time Miller struggled with police was when he had an officer on top of him and couldn't breathe.

"If you can't breathe, your brain is telling you that you really need to breathe, so you try to get the force off of you."

Friedman said dispatch never sent an ambulance or a crisis intervention team. He said the officers' job should have been to keep Miller calm until a mental health professional arrived.

"It's a situation you have to call in a specialist," Friedman said. "There's no way a police officer can have the training of a psychologist, a psychiatrist or a social worker."