A Colorado paramedic is facing manslaughter charges after sedated and restrained a handcuffed man, who later died of cardiac arrest.
Boulder County District Attorney Michael Dougherty announced the charges against Edward McClure on Friday, claiming that the paramedic’s “reckless acts” resulted in the “untimely and tragic death” of 36-year-old Jesus Lopez Barcenas. The charges stemmed from Dougherty’s use of force investigation following Barcenas’ arrest on December 27. Barcenas died two days later.
The incident occurred around 8:15 a.m. on that late December day, when Boulder police responded to a suspicious person call on the University of Colorado at Boulder campus, according to prosecutors’ synopsis of events.
When cops arrived, Barcenas allegedly ignored their questions and refused to sit, claiming a nearby building was on fire. Officers attempted to handcuff Barcenas, but he allegedly resisted and began to grab one of their guns. A struggle ensued, but cops eventually managed to handcuff him.
Much of the incident was captured on officer body camera footage.
McClure and other paramedics from American Medical Response (AMR) arrived on the scene to assist any patients who required care. Police told McClure that he needed to check on Barcenas before taking him to jail.
Before evaluating Barcenas, McClure allegedly injected him with 5 milligrams of Droperidol, a sedative, in the buttocks while saying, “I love holes in pants.” They then placed the suspect face down on a gurney in the prone position.
“Now let us strap the crap out of him,” McClure said, according to the report.
Cops and paramedics then placed Barcenas in the back of the ambulance and began fastening his seatbelt. He was still face down and handcuffed, according to prosecutors.
“Just keep him face down,” McClure allegedly instructed. “I do not care. Oh, just pass over his arms. “I do not want to move him.”
McClure also put a “spit sock” mask over Barcenas’ head, according to prosecutors. The mask prevents arrested suspects from spewing bodily fluids at first responders, but prosecutors said Barcenas was not spitting at anyone.
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According to the report, Barcenas’ condition deteriorated while being transported to the hospital. McClure was performing CPR as they arrived and transported him to the emergency department. He died two days later.
An autopsy found that Barcenas suffered a “sudden cardiac arrest following a prolonged physical altercation and struggle, which included prone positioning and the use of restraints and a sedative (butyrophenone) medication.” Prosecutors said methamphetamine’s toxic effects contributed to his death. Police say Barcenas was carrying a bag of meth when he was arrested. The manner of death was listed as homicide.
According to prosecutors, McClure was fired three days after the incident for violating “several of their polices and protocols in his treatment of Mr. Barcenas.” Prosecutors wrote that placing handcuffed subjects face down on a gurney violates AMR policy.
Dougherty cleared the police officers of all wrongdoing.
“However, the paramedic’s reckless actions resulted in the untimely and tragic death of Mr. Barcenas. Our prosecution team will work tirelessly to achieve the best possible outcome in this criminal case, especially for Mr. Barcenas’ loving family and this community,” Dougherty wrote.