El Paso medical examiner rules man who died in police struggle as a homicide
Xavier Guadalupe Hernandez, 30, died of "asphyxia due to chest compression during law enforcement subdual and restrain," an autopsy report states. The report states that "cocaine toxicity (was) a significant contributing condition."
The report lists homicide as the cause of death. Dr. Janice Diaz-Cavalliery, El Paso deputy medical examiner, conducted the autopsy.
"According to reports, the decedent became unresponsive while he was being held face down by El Paso Police Department officers after being tased in more than one occasion," the report states. "Autopsy revealed multiple abrasions, contusions and puncture marks."
The autopsy noted Hernandez was 5 feet 8 inches tall, weighed 208 pounds.
Hernandez grew up in El Paso, attended Eastwood High School and was described by his family as a quiet, gentle and kind person who "lived life with joy and curiosity," stated GoFundMe account.
"This tragedy should never have happened. Xavier's life mattered. Our family is committed to seeking answers and justice for him so that no other family experiences this pain," the fundraising page stated.
El Paso man died during struggle with police on I-10 freeway
Hernandez was pronounced dead at Del Sol Medical Center after becoming unresponsive on Sunday, July 13, during what was initially a call of a "traffic hazard" regarding a pedestrian on the freeway, the El Paso Police Department said in a statement issued on July 14.
More: Man's death in I-10 struggle during El Paso police arrest under investigation
El Paso Police Department officers responded to a call about 10 a.m. on July 13 that a man was attempting to jump over a barrier on the eastbound lanes of the freeway near Yarbrough Drive, police stated.
Hernandez "became uncooperative and resisted officers' commands. A Taser deployment was ineffective, and assisting off-duty officer and a witness helped restrain him due to his combative behavior," EPPD stated.
A toxicology test revealed benzoylecgonine, cocaine and ecgonine methylester in Hernandez's blood, the autopsy report states.
El Paso attorney Gabriel S. Perez, who was originally representing Hernandez's family, is no longer representing them, an official from Perez's office said.
EPPD: Hernandez death is 'open, active investigation'
The medical examiner's determination of homicide as the cause of death during the struggle was addressed at an El Paso police news conference on Wednesday, Aug. 6, at police headquarters, 911 N. Raynor St.
"It is important to note that in this context that homicide is a medical term used in autopsy reports to describe a death caused by another person. It is not a legal finding and does not imply criminal conduct.," Sgt. Robert Gomez, a department spokesman, said.
As is standard practice, there are three separate, parallel investigations ongoing into the deadly encounter:
a criminal investigation by the department's Crimes Against Persons Unit
an investigation by the Texas Rangers of the Texas Department of Public Safety
an adminstrative investigation by the department's Internal Affairs.
"We want to emphasize that this remains an open, active investigation," Gomez said, explaning that the investigations will determine whether criminal charges and administrative violations are filed.
The intial responding officer, who has six years with EPPD, remains on adminstrative leave. The second officer remains on active duty, Gomez said. The names of the officers have not been released.
Gomez told news reporters that EPPD plans to release police body camera video of the incident "when it's appropriate and the investigation allows" but there is no timeline on when that will occur.
When asked what message he would give to Hernandez's family, Gomez responded, "The death of a loved one is tragic no matter the circumstances. My condolences go to the family. I wish the circumstances were different but death under any circumstance is tragic."
Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com or on X/Twitter @AMartinezEPT.
Daniel Borunda may be reached at dborunda@elpasotimes.com and @BorundaDaniel on X.
This article originally appeared on El Paso Times: Death of man in I-10 struggle with El Paso police ruled homicide
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