In a disturbing police body-cam video obtained by the Contra Costa Times this week, we witness the final moments of the life of 51-year-old Hernan Jaramillo play out in what has become a tragically familiar scene.
"I can't breathe!" the handcuffed Jaramillo repeatedly cries out to his sister, in what is sure to evoke the case of Eric Garner in New York City at the hands of the NYPD.
"Relax," an Oakland Police Department officer responds to Jaramillo's cries. "There's no reason to act like this."
"They're killing me!" he yells out, at least twenty times, in the five-minute video.
According to the CC Times, the fateful encounter began after Jaramillo's sister called the police on July 8, 2013, to report that an intruder was trying to kill her brother Hernan. When police arrived, they found no intruder, and it's unclear if there ever was one. Police found Jaramillo in the midst of what they characterized as a mental health episode, and put him in handcuffs because he "didn't obey commands."
Jaramillo allegedly then ignored numerous police requests that he get in the squad car outside.
"I grabbed him by the shirt," Officer Ira Anderson said in a deposition following Jaramillo's death. "I brought him away from the car... did a leg sweep and put him on the sidewalk."
What actions merited this police take down? Apparently, Jaramillo's handcuffed hands were in front of him, not behind his back.
The paper notes that three witnesses claim they saw a police officer's knee pressed into Jaramillo's back as he pleaded for his life — a claim police deny.
"According to the paramedics' report," notes the paper, "Jaramillo was in handcuffs and nonresponsive, with vomit in his airways, when they reached him. He never regained consciousness."
An autopsy conducted by the coroner's office found evidence of drugs in Jaramillo's blood, and his official cause of death was "multiple drug intoxication associated with physical exertion." But an independent pathologist hired by the Jaramillo's family's attorney said there was no evidence Jaramillo had used cocaine that evening (the autopsy found "evidence of cocaine metabolites and alcohol" in his blood), and that it was police force that killed him.
The Oakland Police Department did not respond to the Times' requests for comment. As of last week, the Oakland city attorney settled a wrongful death lawsuit with Jaramillo's family for $450,000.
Related: City Settles For $20K With Cyclist Beaten By Police At Valencia Gardens