Cop ignored dying man in back of hot police car, watched TikToks and sent ‘intimate' texts instead: lawsuit
Nathan Bradford Smith, 33, died of heat stroke aggravated by meth use during a July 2024 arrest when Coos Bay police officers allegedly left him in a parked patrol car to watch TikToks and send intimate texts instead of getting him medical help, according to a lawsuit filed by Smith's family Wednesday.
The lawsuit blasts the city of Coos Bay, and Officers Benjamin Martin, Tristan Smith, and Wesley O'Connor for ignoring signs of obvious medical distress in Smith, accusing them of negligence and 'deliberate interference.'
Smith, who had schizophrenia and bipolar disorder, was picked up by cops after multiple police encounters where he was found smoking methamphetamine and later speaking 'quickly and incomprehensibly,' according to the lawsuit obtained by The Post.
At roughly 5 p.m. on July 7, officers found Smith wearing a heavy coat and rain pants on the ground outside of a Motel 6, the lawsuit detailed.
'One of the 911 callers indicated they were concerned for Mr. Smith's safety,' according to the lawsuit. 'Another caller indicated that Mr. Smith was on the ground 'flailing around,'' the lawsuit said.
Smith was struggling to breathe as he was handcuffed by Martin, Smith, and O'Connor while still on the ground, according to a state police officer who reviewed the body camera video of the incident.
He was barely able to get in the police cruiser, and his eyes were closed as he gasped for air, the lawsuit said.
Martin drove to the Coos Bay Police Department, where he parked the cruiser and allegedly left Smith inside the car with the windows up on the 68-degree day while he went into the station, the document stated.
While inside the station, the officer responded to a text message that said, 'I'm so ready for snuggles I feel like I haven't seen you in a week,' Oregon Live reported.
Martin also looked at TikToks for several minutes while Smith was dying in the back of the car, the lawsuit claimed.
When the cop returned to the cruiser, dashcam footage showed Smith unconscious and breathing in an 'odd pattern' with his head tilted back.
The officer then administered a dose of an overdose-combating drug, Narcan, and called an ambulance, state police investigators said.
Smith was found by paramedics with a 107C temperature and was rushed to Bay Area Hospital. He later died of cardiac arrest, according to court documents.
'His cause of death was listed as 'hyperthermia due to Methamphetamine intoxication and probable exogenous contribution from wearing multiple layers of heavy clothing,'' the suit claimed,
'When these officers found him, he was clearly showing the signs of medical distress, and what we know when he finally did get to see a doctor is that his temperature was 107. He was hyperthermic, and he was going to die. And unfortunately, he did,' the family's attorney, Juan Chavez, told KGW.
'There was a 40-minute delay in getting him critical medical assistance,' Chavez said.
Smith's father, Kurt Smith, told the Oregonian that his son had been living at the motel and that he had visited him just a week earlier.
He was only able to find out his son's cause of death from the funeral home after cops would not inform him of any details.
'He didn't deserve to just be left to die,' Smith said.
No criminal charges were filed after the incident.
The lawsuit is seeking unspecified damages.
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