Shoplift suspect dies after RP arrest
Sheriff's official says no apparent wrongdoing by police officers
Last Modified: Tuesday, November 11, 2008 at 4:24 a.m.
A Sonoma County sheriff's official said Monday there appeared to be "no wrongdoing" on the part of Rohnert Park officers who dealt with a combative man who died after being restrained.
Guy James Fernandez, 42, of Santa Rosa died Sunday night shortly after he was arrested by the Rohnert Park Department of Public Safety on suspicion of assaulting an officer and resisting arrest.
Fernandez, who may have been under the influence of methamphetamine, died shortly after being subdued by officers just after 8 p.m. in a shopping center parking lot.
One officer tried to use a Taser stun gun on Fernandez, but it had no effect because the battery on the weapon may have been low, according to sheriff's Lt. Chris Spallino.
Rohnert Park officers were called to Wal-Mart on a report of a person -- later identified as Fernandez -- suspected of shoplifting and creating a disturbance inside.
While en route, officers were told the man was brandishing a 6-foot rod. Officials on Monday could not provide more specific information on the rod.
But according to the official account, an officer found Fernandez in the nearby Linen-N-Things parking lot. When contacted, Fernandez dropped the rod, then picked up an aerosol can of shaving cream and threw it at the officer, hitting him in the torso, according to officials.
Fernandez allegedly threatened to further assault the officer. Four officers eventually wrestled the 6-foot, 260-pound Fernandez to the ground, but he continued to resist, according to the sheriff's department.
After being subdued, Fernandez was placed in handcuffs and a "maximum restraint device," which essentially secured his legs to his waist to prevent kicking, Spallino said.
It was then that officers noticed he was short of breath and unresponsive, prompting them to call for medical assistance, investigators said.
Fernandez' condition continued to deteriorate on the way to Santa Rosa Memorial Hospital, where he was pronounced dead.
A controversial condition known as "excited delirium," which is marked by extreme agitation, has been blamed for at least one Sonoma County death and dozens nationwide.
The deaths often occur after violent fights with police and the use of Taser guns, "maximum restraint" holds and other methods of dealing with unruly suspects.
Typically, in such cases suspects do not to appear to respond to Tasers and may even exhibit superhuman force.
Some law enforcement agencies have implemented special protocols for officers to respond to individuals exhibiting such behavior. But Spallino declined to comment on whether Rohnert Park has such special training for officers, or whether Fernandez was exhibiting the syndrome.
Rohnert Park Public Safety officials would not comment Monday.
Fernandez was in possession of what appeared to be methamphetamine, according to the sheriff's department. He also was on probation for possession of a controlled substance.
"So far it looks like they did everything appropriately," said Lt. Spallino. "The suspect assaulted them and they took him into custody. There was physical resistance they had to overcome."
The sheriff's department is investigating the case under a countywide law enforcement protocol to ensure there was no criminal wrongdoing on the part of the officers in the counterpart police agency.
An autopsy and toxicology reports are pending.
The results of the investigation will be forwarded to the Sonoma County District Attorney's office for review.
Spallino said the incident unfolded within minutes. Officers arrived at around 8:13 or 8:14 p.m. and by 8:21, Fernandez was restrained.
About five minutes later, officers called for paramedics, he said.
It was later learned that Fernandez had threatened Wal-Mart employees and had acted in an irrational manner inside the store before police arrived, according to the sheriff's department.
Wal-mart security and the store officials declined to comment Monday.
"It's an ongoing investigation and I've been informed I can't comment," said store manager Mike Riley.
News Researcher Michele Van Hoeck contributed to this story. You can reach Staff Writer Clark Mason at 521-5214 or clark.mason@pressdemocrat.com
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