Police-custody death draws $7M claim

In the early-morning hours of Christmas Day, as Edgardo Figueroa was being taken by Phoenix police to their central-city precinct, the 26-year-old cook lost consciousness at some point on the 2-mile trip.

Minutes earlier, Figueroa had been arrested just outside his home on suspicion of DUI. Police would later write that he put up little resistance, offering up his wrists for the handcuffs.

“Just take me in,” he told the officers, according to a report.

Figueroa would be pronounced dead before the sun rose in what a medical examiner ruled was an accidental death by acute alcohol poisoning; Figueroa’s blood-alcohol content was .29 percent at the time of the autopsy, more than 31⁄ times the legal limit to drive.

But Figueroa’s family is now challenging that report and the actions of his arresting officers with a $7 million notice of claim filed this week against police and city officials.

The notice of claim, a precursor to a lawsuit, names officers Seth Castillo, Raymond Reed and Derrick Minton, as well as Phoenix Mayor Greg Stanton and Acting City Clerk Cris Meyer. The payout would benefit Figueroa’s widow and two children.

Phoenix police spokesman Sgt. Trent Crump declined to comment on the case, citing pending litigation.

The claim faults the officers, not Figueroa’s intoxication, for his death, relying on an independent medical examiner’s evaluation rather than the county’s.

Dr. Philip Keen, a former chief medical examiner for Maricopa County, said Figueroa’s was a respiratory death caused by a head trauma, “positional asphyxiation,” or a combination of the two. He “strongly disagrees” with the county medical examiner’s conclusion, the notice states.

“At this time, it is our unequivocal contention that the death of this 26year-old man was the direct result of the negligence of the Phoenix Police Department and/or its employees,” the claim reads.

The family is represented by Phoenix attorney Albert M. Flores.

The court filing contends police failed to follow proper protocol to ensure Figueroa’s safety.