The Mercury News

Video: Man screams `I can't breathe' before he dies in CHP custody

- By Stefanie Dazio

A Southern California man died nearly two years ago as he screamed “I can't breathe” while multiple officers restrained him as they tried to take a blood sample, according to records and a video.

Edward Bronstein, 38, was taken into custody by California Highway Patrol officers on March 31, 2020, following a traffic stop. Bronstein died less than two months before George Floyd was killed by police in Minneapoli­s as he, too, repeatedly told officers “I can't breathe.”

A nearly 18-minute video, taken by a CHP sergeant at the Altadena station, was released Tuesday after a judge's order to make it public. Bronstein's family has filed a federal lawsuit against the officers, alleging excessive force and a violation of civil rights. The family is also calling for the officers to be criminally charged by the Los Angeles County district attorney.

The L.A. County coroner's office ruled Bronstein's cause of death as “acute methamphet­amine intoxicati­on during restraint by law enforcemen­t.” A copy of the autopsy report was not immediatel­y available.

“When the nation was in an uproar over the George Floyd tragedy, we had no idea this had also happened to Mr. Bronstein,” said Luis Carrillo, an attorney for Bronstein's family.

A spokespers­on for the L.A. County District Attorney's Office said “the matter remains under review.”

The state attorney general's office is representi­ng the highway patrol in the federal lawsuit and referred media inquiries to CHP. Officer Shanelle Gonzalez, a spokespers­on for CHP, said the agency is declining to comment on the case because of the pending litigation.

Family members say Bronstein was terrified of needles and believe that's why he was reluctant to comply with the CHP initially as they tried to take a blood sample. In the video, an officer tells Bronstein they have a court order — an assertion that Carrillo doubts was true.

An officer tells Bronstein to take a seat for the sample: “This is your last opportunit­y. Otherwise

you're going face down on the mat and we're gonna keep on going.”

Several officers force the handcuffed man to the mat as he shouts “I'll do it willingly! I'll do it willingly, I promise!” the video shows. At least five officers continue to hold him down — the lawsuit alleges they put their knees on his back — as he screams “I'll do it! I'll do it! I promise!”

One officer replies: “It's too late.”

Bronstein begins screaming “I can't breathe!” and “I can't!” before the blood is taken, shouting it about eight times and pleading for help.

“Stop yelling!” an officer yells back.

Bronstein's screams get softer and he soon falls silent. Even though he's not responsive, a medical profession­al

continues to draw blood as the officers hold him down.

They note he may not have a pulse and does not appear to be breathing. The officers and the medical profession­al slap Bronstein's face, saying “Edward, wake up.”

More than 11 minutes after Bronstein's last screams, they begin CPR.

A second video, more than 12 minutes long, shows the officers' and paramedics' unsuccessf­ul attempts to revive Bronstein.

One officer tells the paramedics that Bronstein had been complainin­g of “shortness of breath.”

“When we rolled him back over, he was turning blue,” he said.

Soon after, someone reminds the group: “Everybody's on camera.”

 ?? CALIFORNIA HIGHWAY PATROL VIA AP ?? In this image from a video taken by a California Highway Patrol sergeant, CHP officers hold down Edward Bronstein while attempting to get a blood sample from him on March 31, 2020.
CALIFORNIA HIGHWAY PATROL VIA AP In this image from a video taken by a California Highway Patrol sergeant, CHP officers hold down Edward Bronstein while attempting to get a blood sample from him on March 31, 2020.

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