Cause of death for man who died during police restraint listed as homicide; IMPD investigations underway

The death of a man who was forcibly restrained by Indianapolis police after his family called for an ambulance has been ruled a homicide, according to an autopsy report released Tuesday.

The report from the Marion County Coroner’s Office listed Herman Whitfield III’s manner of death as homicide, while the cause of death was listed as “cardiopulmonary arrest in the setting of law enforcement subdual, prone restraint, and conducted electrical weapon use.”

Whitfield, a 39-year-old Black man, was at his parents’ home on the night of April 25 when they called for an ambulance to help their son, who was having a “mental health crisis.”

According to a wrongful death complaint filed by Herman’s parents, Gladys and Herman Whitfield Jr., six Indianapolis Metropolitan Police Department officers responded to the home that night and ultimately shot Herman with a Taser, handcuffed him, left him lying on his stomach in a “prone position” and put their weight on his back before he became unresponsive and EMS intervened.

The Whitfields claim they told the officers everyone in the home was fine but that they needed an ambulance.

Rich Waples of Waples & Hanger and Israel Cruz of the Cruz Law Office are representing the Whitfields in the suit filed in the Southern Indiana District Court against the city and IMPD officers Steven Sanchez, Adam Ahmad, Matthew Virt, Dominique Clark, Jordan Bull and Nicholas Mathew.

According to the autopsy report, “As his death occurred during a physical prone restraint, and this restraint played a role in his death, the manner of death is listed as homicide.”

Attorneys for the family responded to the report by stating that its findings were consistent with their federal lawsuit and that Herman did not present a danger to the officers.

The family’s attorneys also alleged the officers “violated their own training” by keeping Herman handcuffed and facedown on the floor.

“For over (25) years, the policing community has agreed that officers should not keep a restrained individual in the prone position because of significant risk of death. Mr. Whitfield, who was in his family home, needed professional mental health care, not the use of deadly force,” the attorneys wrote in a Wednesday statement.

The autopsy report cited “morbid obesity” and “hypertensive cardiovascular disease” as other contributing conditions in Whitfield’s death.

A toxicology test detected 12.1 ng/mL of Delta-9 THC and 142 ng/mL of THC-COOH in Whitfield’s blood, which the report cited as being “consistent with empty packages of Delta-9 THC gummies found in his room” at the time of the incident.

According to the report, Whitfield’s parents called for EMS help for their son, who was “acting erratic” and “nude and pacing” in the back of the home. Upon the arrival of police, family members in the home attempted to help Whitfield dress in his bedroom.

“Shortly after he quickly exited from the bedroom and entered the kitchen of the house. He then quickly entered the living room of the residence where an officer deployed a conducted electrical weapon (CEW) that appeared to strike Mr. Whitfield III in the torso,” the report says.

“He fell to the ground knocking over multiple items from an adjacent table and became entangled in a tablecloth but continued to struggle,” the report continues. “Multiple officers then approached him and attempted to subdue him. He was placed in the prone position (lying on stomach) and multiple officers attempted to restrain him using handcuffs. He then became unresponsive.”

During the restraint period, Whitfield continued to struggle and could be heard mumbling, according to the report. After about 30 seconds, he “appears to state ‘I can’t breathe’ at least once while in the prone position” as officers continued to handcuff him.

The Whitfield family on Wednesday said it is calling for the release of the IMPD bodycam footage, and for the city to “immediately expand its crisis intervention teams to be available 24/7” to avoid further tragedies.

“IMPD should also honestly respond to the misconduct of its officers which led to Herman’s death,” Waples and Cruz said in a statement.

During a press conference about the suit, Whitfield’s parents said they were not allowed to see their son at the hospital when he arrived. By the time the Whitfields were permitted to see him, he had already died.

Attorneys Amy Stewart Johnson and Anthony Overholt of Frost Brown Todd LLC are representing the city and the officers. According to court documents, the defendants have until Aug. 23 to file a responsive pleading.

IMPD investigators said they can now move forward with criminal and administrative investigations into the officers in the case. Chief Randal Taylor has instructed the IMPD Critical Incident Response Team to complete the criminal investigation and present the case to the Marion County Prosecutor’s Office by the end of Friday, according to IMPD.

A copy of the investigative file will also be provided to the Indianapolis Field Office of the FBI for their review, the IMPD said in a statement provided to IL.

A separate administrative investigation is being conducted by IMPD Internal Affairs while the officers involved remain on administrative leave. Once the investigation is complete, the Use of Force Review Board will make a recommendation as to whether the officers’ actions were in compliance with department policies and training.

Taylor will then consider discipline, up to a recommendation of termination, to the IMPD Civilian Police Merit Board.

The Indiana Black Legislative Caucus issued a response to the homicide determination, stating that “in a perfect world,” Whitfield and “other Black men in America” would “still be alive after their interactions with police.”

“Unfortunately, Mr. Whitfield was one of many African Americans killed by police in this country,” Rep. Robin Shackleford, D-Indianapolis, said in a news release. “While we in the IBLC continue to fight for systematic changes that will prevent future homicides at the hands of police officers, we are also calling for justice for Mr. Whitfield and his family.”