Prosecutor: Man choked on drugs, no charges for officers

Two police officers won’t face criminal charges after a man choked to death from swallowing drugs while in their custody earlier this year, a western Arkansas prosecutor said Monday.

An autopsy conducted at the state Crime Laboratory determined that Darrell K. Hays II, 51, died when his airway became blocked after his April 19 arrest in Fort Smith. The report also noted a potentially lethal amount of methamphetamine in his system.

Authorities said previously that two officers learned that Hays had an outstanding warrant and that they found drug paraphernalia in his car.

Investigators reviewed footage of the traffic stop showing that Hays put a bag of meth in his mouth while in the police car, Sebastian County prosecutor Daniel Shue said in a letter Monday clearing the officers of any criminal wrongdoing.

While in the Sebastian County jail, Hays began gasping for air, and medical crews took him to a hospital where he died, officials said.

Shue said the Crime Lab report suggested that the level of drugs in Hays’ system was lethal. After he died, the medical staff found the small bag he had swallowed.

“Considering the totality of the circumstances and the applicable law, no criminal charges can be brought,” Shue wrote.

Fort Smith police placed the two officers on paid administrative leave after the death.

Monday’s decision came a week after Shue declined to file criminal charges after an inmate at the county jail died in March from a rare form of bacterial pneumonia.

The Arkansas State Police investigated both deaths and passed its finding to Shue’s office.