Autopsy Shows Victim Wasn’t Beaten To Death Chief Insists Police Used Reasonable Force On Prisoner

A man who died in the Spokane County Jail on Sunday wasn’t beaten to death by police or jail officers, autopsy results showed Tuesday.

The exact cause of death won’t be known until blood and tissue tests are complete, officials said.

Mario Lozada, 28, struggled with police after they responded to a domestic violence call at a West Central apartment building at 5 a.m.

Witnesses said at least five police surrounded Lozada in an alley behind the Rose Apartments, 1314 W. Maxwell. They said police hit him repeatedly with their fists and knees while yelling at him to shut up.

Police Chief Terry Mangan said the officers were trying to restrain Lozada, who fought violently. The officers “delivered Level 2 blows” - strikes with an open hand or knee - to stop him from struggling.

Then they put leg restraints on him, wrapped him in a blanket and carried him to a patrol car, Mangan said. Once at jail, Lozada continued fighting and was restrained again by four jailers and a police officer. He was put in an “emergency response belt,” a device that holds a person’s elbows to his body.

The force used by officers was reasonable considering Lozada’s behavior, Mangan said.

“People seeing that contact may truly believe they saw a man being beaten,” he said. “I don’t doubt they saw him get hit, because the officers told me what they did. The average citizen isn’t familiar with this kind of thing, though.”

An autopsy showed there was no trauma, either external or internal, that could have resulted in death, according to forensic pathologist George Lindholm.

He said results of blood and tissue tests will be used to determine the cause of death. Results can take at least 10 days to complete.

Lozada was diagnosed as HIV-positive about six years ago, said lawyer Carl Maxey, who was retained this week by Lozada’s wife, Tina. Lozada also had cancer.

Police first came into contact with Lozada when they showed up at a domestic violence call on West Maxwell where he’d been partying with friends.

When the first officer showed up, Shane Smith, another man at the party, was outside yelling that police were coming, patrol Capt. Chuck Bown said. Lozada was outside with Smith, he said.

Unsure what was going on or who was involved in the domestic dispute, police tried to question Lozada. They couldn’t understand his answers because his words were slurred, Bown said.

For safety purposes, police handcuffed Smith and Lozada and checked each for weapons while other officers went inside the apartment, Bown said. Smith was arrested on two outstanding warrants. Lozada remained cooperative and quiet during most of this, he said.

Suddenly, though, Lozada became irritated with the officers’ questions and started to walk away, still handcuffed. Police then tried to stop him from leaving and he started to fight, Bown said.

“He became violent at an unreasonable point,” he said. “He got extremely combative and spit and kicked.”

In their reports, the officers mention more than once how strong the 5-foot-7, 160-pound Lozada was. It took five officers to restrain him.

“One of them wrote that Lozada’s strength was frightening,” Mangan said. “Of course, adrenaline can account for some of that strength but I believe the tests will reveal something else. I believe we’ll find out (Lozada) was under the influence of something.”

Lozada had 11 convictions, including three for assault, and one each for resisting arrest, malicious mischief and criminal trespass, authorities said.

Despite Lozada’s record, Bown said none of the officers involved in the struggle Sunday knew who Lozada was, or that he was HIV-positive.

“They kept asking him his name because they didn’t know it,” Bown said. “Even when they got to jail the officers still didn’t know his last name. A corrections officer recognized (Lozada) and told them what it was.”

, DataTimes