Parents file claim of excessive force for son who died in police custody

OAKLAND >> As he was being hauled away by police, Christian Madrigal’s last words to his mother were “Mom, help me” and “Mom, I love you.” Hours later, he would be hospitalized with injuries that led to his death.

The parents of the mentally ill young man who died in police custody have filed a claim against Fremont police and Alameda County for excessive force and wrongful death.

The parents of Madrigal, 20, called Fremont police for help on the morning of June 10, when he was suffering a mental health crisis, according to the law offices of civil rights attorney John Burris, who is representing the Madrigal family.

“Our heart is broken,” Madrigal’s stepfather, Jose Jaime, said at a news conference Monday afternoon.

When police responded to the call, Madrigal’s parents told officers that he recently had been released from a psychiatric hospital, the Santa Clara Valley Psychiatric Unit, for mental health issues and that he needed to return. Because Madrigal wasn’t willing to go voluntarily, his family needed help in taking him back to the hospital, according to the claim.

Instead, Fremont police arrested him for being criminally under the influence, instead of a psychiatric hold. His mother, Gabriela Covarrubias, said in Spanish during the news conference that he was her oldest son and was always trying to help the family.

After he was arrested, the family alleges, police at some point beat and choked him.

Covarrubias and Jaime went to the Fremont Police Department to check on their son and were told he was transferred to Santa Rita Jail in Dublin.

In their claim, they said they were not informed that officers had used force against their son, including allegedly beating him, placing him in a chokehold and using a WRAP device to restrain him. A WRAP is a type of full-body straight jacket used by police to restrain people.

At Santa Rita, it is also alleged that Madrigal was handcuffed to a cell door — despite the sheriff’s office policy against

it. A lieutenant, the supervisor on duty, allegedly was told of the internal policy but allowed Madrigal to be chained to the cell door regardless, the claim alleges. Alameda County sheriff’s spokesman Sgt. Ray Kelly said the lieutenant has been placed on leave.

Burris said he never should have been left alone in the cell.

“He was chained to the wall like some crazed person,” the attorney said.

Madrigal is said to have tried to hang himself with the chains used to restrain him. Sheriff’s deputies then sent him to the hospital because of the severity of his injuries.

Doctors discovered bruises on his chest, stomach, back, legs, feet, arms, shoulders and neck. Described as a skinny man, he also had lacerations to his liver and spleen, and internal bleeding, according to the claim. He also had significant brain injury resulting from a lack of oxygen.

He was pronounced dead a few days later, on June 15.

Jaime, his stepfather, said he was told by nurses at the mental facility that if Madrigal exhibited problems, he should call police for a psychiatric or “5150” hold so that they could help transport him.

Instead, police wanted to arrest Madrigal. Jaime said he begged with the officers that Madrigal didn’t need to go to jail, he just needed help — but they didn’t listen.

“I was just trying to help my boy,” he said.

Madrigal, who had no history of mental illness or a criminal record, had gone to the mental facility for the first time in May. He had not yet been diagnosed, and the facility had told his family to bring him back, his stepfather said. When the episode happened, Madrigal was on leave for the weekend because he had wanted to visit his mother.

The family filed a claim with both the city of Fremont and Alameda County; both government entities can either accept the claim or reject it. If they reject it, the family can then file a lawsuit against them.

Burris is calling for the District Attorney’s Office to bring criminal charges against the Fremont police officers who allegedly beat, choked and “pulverized” Madrigal and the lieutenant who ordered he be handcuffed to his cell door.

“The system failed Christian and his family at each and every turn,” Burris said in a statement. “A person should never be treated this way. Christian deserved medical care; instead, he received brutality. Christian needed support; instead, he was met with death.”

Kelly, the sheriff’s spokesman, said Monday afternoon that his office was not commenting on the case, but he did say there is an active investigation by his office and the District Attorney’s Office.

Fremont police did not respond to a request for comment by press time.