'No Unlawful Acts' By Aurora Police In Death Of Man On Cocaine: State's Attorney

AURORA, IL — Kane County State's Attorney Jamie Mosser determined Aurora police did not act unlawfully in a March 30 incident at an Aurora gas station that ended in the death of an Aurora man, officials said.

That Sunday nearly nine months ago, Aurora police responded to Speedway, at 948 N. Farnsworth Ave., where they found Martinez in the bathroom, screaming and "acting erratically," with the toilet detached from the wall, flooding the floor, the Kane County Major Crimes Task Force found in its investigation. Martinez gave officers his name and told them he had taken cocaine that was "probably laced," according to a news release.

"Apparently overheating, Martinez requested and was provided drinking water, which he consumed and poured on himself," the state's attorney's office wrote in the release. "Officers tried to calm him down, but he continued to act extremely agitated, splashing water from the floor onto himself and screaming incoherently."

Paramedics responded, and police officers attempted to move the man from the bathroom into the ambulance, but Martinez was uncooperative, physically resisted and yelled, officials said. Paramedics then administered two rounds of a sedative seven minutes apart, having determined Martinez was a danger to himself, according to Mosser.

After administering the second dose, Martinez was moved onto a stretcher and handcuffed, and after a few minutes, he became unresponsive, according to the release. The handcuffs were removed, paramedics performed CPR, and an ambulance took Martinez to a hospital, where he was pronounced dead, officials said.

Completing her review of the incident, Mosser determined "no wrongdoing" on the part of Aurora police officers involved, according to the release.

"Based on a review of the evidence, the Aurora officers had probable cause to arrest Martinez and attempted to de-escalate the situation using the proper amount of force," Mosser said in a statement.

The Kane County Coroner's Office's autopsy revealed Martinez's cause of death to be due to cocaine toxicity. Hypertensive cardiovascular disease was also a "significant contributing factor," officials said.

"The pathologist opined that the restraint used by the Aurora Police or Fire Departments did not exacerbate or contribute to the death of Martinez," Mosser said in her statement.

The case into the circumstances surrounding Martinez's death is considered closed, according to Mosser.

"There is no evidence or indication that any police officer committed any unlawful acts or failed to follow any policy or the law," she said.