Med examiner: Minneapolis man's death by police Taser a homicide

Contributing conditions: "prone restraint position, mixed chlorpheniramine and dextromethorphan intoxication, schizoaffective disorder, recent conducted energy device [Taser] use and physical exertion during [the] struggle." The medications mentioned are commonly used to treat allergies and severe coughs.




October 23, 2010
Abby Simons and Paul Walsh, Star Tribune

The death of a 28-year-old Minneapolis man shot with a Taser by Minneapolis police last month was ruled a homicide Friday by the Hennepin County medical examiner.

David Cornelius Smith, whose family has said he suffered from mental illness, died Sept. 17 at Hennepin County Medical Center, eight days after his confrontation with police at the downtown Minneapolis YMCA.

According to the medical examiner, Smith "suffered a cardiopulmonary arrest while being restrained" and died of "anoxic encephalopathy" caused by the heart having stopped, though it was restarted via CPR.

The medical examiner's report listed contributing conditions as "prone restraint position, mixed chlorpheniramine and dextromethorphan intoxication, schizoaffective disorder, recent conducted energy device [Taser] use and physical exertion during [the] struggle." The medications mentioned are commonly used to treat allergies and severe coughs.

Minneapolis Police Chief Tim Dolan said Friday that the officers who shot Smith with a Taser "followed proper protocol and policies."

Smith's uncle, Larry Smith of Oak Park, Ill., said the finding confirmed what the family suspected all along. Smith added that tests finding only cold medicine was in his nephew's system -- not drugs or alcohol -- also is vindication.

"It's been one of those rollercoaster rides -- you can't get excited, you can't do anything because we're still waiting to see what else is going on," Larry Smith said. "We still haven't heard one thing from the police. Not one word of apology, except for 'Too bad, all of this would have been avoided if Smith left the gym.' "

Police say they were responding to a complaint that Smith had harassed a 13-year-old boy and observed that he appeared to be under the influence of something or having a mental health episode.

When officers tried to take Smith into custody, he fought, according to a police warrant. He punched one officer in the face; the other officer's back was injured in the scuffle. The officers shot Smith with a Taser and handcuffed him. When Smith lost consciousness, the officers called for an ambulance and began CPR.

"This is a tragic situation," Dolan said, "and ... I would like to extend our sympathies to the family. ... The unfortunate reality is that in any situation where use of force is required, police officers can act appropriately and still have a tragic result."

The death is being investigated by internal affairs and homicide units, and findings will be forwarded to the Hennepin County attorney's office for review, the chief said.

Smith, who came to Minneapolis from Peoria, Ill., about eight years ago, was buried recently in Peoria.

Larry Smith said the chief's condolences mean little. "His words are not comforting," he said. "It's a little too late."