Crime & Safety
Chicago Police Will Face No Charges In Heriberto Godinez's Death
Video showed police placing a foot on Godinez's head while in their custody shortly before his death, but no charges will be filed.
No charges will be filed in the death of Heriberto Godinez, a man who died in custody after Chicago police held him for possible involvement in a burglary on July 20, 2015 in the Brighton Park neighborhood.
Cook County State Attorney Anita Alvarez announced Thursday that an extensive investigation found insufficient cause to bring a case against anyone for Godinez's death.
"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," Alvarez's office said in a statement.
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Godinez was 24 years old at the time of his death.
A police report noted that he was "sweating heavily with labored breathing" at the time he was held, and he was subsequently declared dead at the scene.
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In a video of the encounter, embedded below, officers struggle to immobilize a handcuffed Godinez as he resists. At one point in the video, an officer places his foot on Godinez's head and neck briefly while trying to force him to the ground.
However, according the state attorney's office, there was not definitive evidence that this or unjustified mishandling by police was the 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,” the press release said. “None of the forensic pathologists found evidence of asphyxiation, blunt force injury or broken bones.”
As ABC 7 News pointed out, the initial autopsy stated that "physical stress associated with restraint was deemed a significant factor" in Godinez's death. According to that report, the examiner concluded that the cause of death was undetermined.
This July, Godinez's sister filed a suit, which remains pending, against the city and members of the police department for their part in her brother's death.
Watch the police dashcam video of the incident below:
Photo credit: Screen shot from YouTube video
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