Claim Dropped After Amend Changes Certificate Wife Of Man Who Died In Custody Sought $1 Million; Cause Of Death Now Includes Asphyxiation

The wife of a man who died in the Spokane County Jail has dropped a $1 million claim against Coroner Dexter Amend because he changed a death certificate.

Amend changed the death certificate of Mario Lozada to include that restraint or positional asphyxiation was a contributing cause of death, said Carl Maxey, an attorney representing Lozada’s wife, Tina.

“We came to an understanding about the language used in the death certificate…,” Maxey said.

Amend said Wednesday that the wording of the death certificate hasn’t been significantly changed.

Lozada, 28, died Sept. 3 in a jail cell - less than 10 minutes after he was put in a nylon belt that strapped his arms to his side.

Superior Court Judge James Murphy ordered Amend to change the death certificate last October or go to court to say why he wouldn’t. The judge’s order was sought by Tina Lozada’s attorneys.

Amend initially listed Lozada’s primary cause of death as irregular heartbeat. He added methamphetamine abuse and said physical activity, restraint and position “possibly” contributed to his death.

Forensic pathologist George Lindholm said at the time, “We can take the ‘possibly’ right out of there as far as I’m concerned.”

Lindholm dismissed a methamphetamine overdose, saying Lozada died accidentally because of both the way he was restrained and the drugs in his system.

Lindholm also objected to an underlying cause of death Amend included in Lozada’s death certificate: an inflammation of the sac surrounding the heart.

In the amended death certificate, Amend dropped that diagnosis.

Their disagreement over Lozada’s death led Lindholm to say he planned to review other death certificates from Amend’s office.

Tina Lozada had filed three wrongful death claims - each for $1 million - against the city, county and coroner.

Her claims against the city and county say Lozada was unlawfully arrested and beaten, and that the beating led to his death.

Lozada struggled with police after they responded to a domestic violence call at a West Central apartment building.

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.

, DataTimes