Prosecutor Clears Police In Death Says Excessive Force Not Used On Inmate Who Died In Jail

Spokane police didn’t use excessive force in arresting a man who died minutes later in a jail cell last September, according to county Prosecutor Jim Sweetser.

Mario Lozada, 28, was high on methamphetamine early Sept. 3, when he struggled with police responding to a domestic violence call at a West Central apartment building.

He died in a jail cell less than 10 minutes after he was put in a nylon belt that strapped his arms to his side.

After his office conducted an investigation, Sweetser said this week that police and jail guards didn’t use excessive force in detaining Lozada and placing him in a cell.

Witnesses said officers surrounded Lozada in an alley behind the Rose Apartments, 1314 W. Maxwell. Police Chief Terry Mangan later acknowledged that officers “delivered Level 2 blows” - strikes with an open hand or knee.

Mangan said the officers were trying to restrain Lozada, who struggled before he was taken into custody and continued fighting officers at the jail.

Lozada’s wife, Tina, has filed three wrongful death claims - each for $1 million - against the city, county and coroner. The claims say Lozada was unlawfully arrested and beaten and that the beating led to his death.

The city attorney’s office has rejected the claims.

Carl Maxey, who represents Tina Lozada, said he hadn’t been told of Sweetser’s decision until contacted by a reporter. “As to the legal part, we’ll pursue it in court,” Maxey said.

The claim against Coroner Dexter Amend involved his ruling on a death certificate that Lozada’s death was a result of an overdose.

Forensic pathologist George Lindholm ruled out a drug overdose, stating earlier that Lozada died accidentally due to “restraint asphyxiation.”

, DataTimes