Alvarez’ office said it has concluded a comprehensive review of the case, and determined that “despite the tragic outcome in this case, the people would be unable to prove beyond a reasonable doubt that the officers used excessive force in arresting Godinez.”
Dashcam video released in April shows Godinez wiggling while handcuffed and sitting against a Chicago Police SUV. He attempts to move away from the car, and an officer puts a foot on his neck for about two seconds. Then several other police officers arrive to help put Godinez in custody.
Lawyers for Heriberto Godinez’s family had fought the city in court over a request for video and audio that captured the July 20, 2015 incident. Two officers involved in the arrest had been placed on desk duty pending an investigation.
Godinez was arrested after police were called to a report of a burglary in the 3000 block of West Pershing. They found Godinez and suspected him of being involved in the break-in, police said at the time. He was “sweating heavily with labored breathing,” police said. He was eventually pronounced dead at the scene.
The Cook County medical examiner’s office at the time determined the cause of Godinez’s death to be “combined cocaine and ethanol toxicity.” But it said the manner of his death was undetermined. Godinez “demonstrated agitated behavior with self-injury which allegedly continued upon placement into a transport vehicle,” the office said, citing reports and “videotape evidence.”
In a news release Thursday, Alvarez said an independent medical examiner confirmed Godinez’ cause of death.
“All forensic pathologists that reviewed the case agreed that the primary cause of death was a cardiac dysrhythmia brought on by a combination of cocaine and alcohol,” a news release issued by Alvarez’ office stated. “None of the forensic pathologists found evidence of asphyxiation, blunt force injury or broken bones.”
Godinez sister in July sued the city in U.S. District Court, alleging police did use excessive force that led to her brother’s death. That lawsuit is pending.