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Lawyer: Autopsy yields no cause of death
Swissvale man died after scuffle with police officers
Tuesday, August 19, 2008

Although a private autopsy of a man who died in police custody reveals cuts and bruises to his face and arms, it fails to show what killed him, a lawyer for the man's family said yesterday.

Howard Messer said the autopsy of Andre Thomas' body, performed by privately retained pathologist Dr. Cyril H. Wecht, was inconclusive about the cause of his Aug. 5 death in Swissvale.

Mr. Thomas died less than an hour after scuffling with three Swissvale police officers, one of whom shocked him with a Taser. Some witnesses said they saw police punch and stomp on Mr. Thomas during the incident on Hawthorne Avenue, fueling questions and criticism about whether the officers used excessive force.

"The family and I believe another side of this story has to be told," Mr. Messer told reporters at a news conference.

The Aug. 9 autopsy, he said, shows evidence that Mr. Thomas might have died from positional asphyxia, or the inability to breathe, but he would not say what led to Dr. Wecht's conclusion.

Dr. Wecht did not attend yesterday's news conference. He declined to comment when contacted later.

Dr. Abdulrezak Shakir of the Allegheny County medical examiner's office said its investigation, though also incomplete, "does not point to" positional asphyxia as the cause of death. District Attorney Stephen A. Zappala Jr. has flatly stated that Mr. Thomas did not die from positional asphyxia.

"At this point we are not saying he died of positional asphyxia or anything else because we don't have all the information," Dr. Shakir said, adding that results from toxicology tests are weeks away from being available. "We don't want to issue an opinion in haste."

In cases of positional asphyxia, prolonged pressure to the back or neck when someone is prone -- as when they are being handcuffed and restrained -- can cause death.

Such was the case in 2002, when Charles Dixon of Altoona died two days after several officers pinned him face down to the floor during a violent arrest at a party in Mount Oliver. Businessman Jonny Gammage died of asphyxiation during a traffic stop by suburban police officers in 1995.

The medical examiner's office has said Mr. Thomas' body bore no signs of excessive force, meaning there was "no evidence of internal injury to any vital organ that can explain the death," Dr. Shakir said.

Mr. Messer focused on Mr. Thomas' bruises as an indication that excessive force was used to subdue him. He showed, but declined to release, pictures of 17 cuts and bruises, mostly to Mr. Thomas' arms and face.

"To indicate that there was no violence that night is inaccurate," Mr. Messer said.

Also unknown is whether Mr. Thomas had drugs or alcohol in his system the night he died. Mr. Messer said Dr. Wecht would like to examine his heart, which is still being held by the medical examiner's office, and Mr. Thomas' blood, which he could not test because the body has been embalmed.

Once the office has completed its investigation on the heart, Dr. Shakir said, Mr. Thomas' family can decide what to do with it.

Mr. Messer said he talked to 24 people, canvassed the neighborhood where the incident happened and spoke to most of the witnesses mentioned in news accounts to learn more about what Mr. Thomas was doing before police received calls that he was pounding on doors.

He said Mr. Thomas was begging for help, claiming someone was following him. He said he spoke with a friend of Mr. Thomas who told him they ate ribs and drank Richards Wild Irish Rose wine at a picnic before they drove to Swissvale and Mr. Thomas "became excited" and got out of the car.

Mr. Messer said he has uncovered no evidence that suggests Mr. Thomas was doing something criminal before he died.

Mr. Zappala has said Mr. Thomas displayed irrational behavior, dilated pupils, suddenly labored breathing and "almost superhuman" strength in resisting officers' attempts to handcuff him. Those behaviors, he said, were exhibited by other people who have died while in a state of "excited delirium" brought on by acute cocaine toxicity.

Mr. Messer dismissed the notion as "nonsense."

"I've been in practice 37 years, and the only time I hear excited delirium used is when it's in connection with a Taser death," he said.

The district attorney's office declined to comment on the case yesterday, saying in a statement that "as of this date, no conclusions have been reached" and the investigation is continuing.

Mr. Messer said he wants county officials to hold an open inquest or call for state Attorney General Tom Corbett's office to step in and investigate.

Representatives from several local civil rights groups expressed their support for Mr. Thomas' family, calling for a "complete, impartial and transparent investigation" into his death and an examination of Taser technology and policy, among other concerns.

"We are dismayed by the cavalier continuation of business as usual by the Swissvale police," the group said in a statement. "When police immobilize a person, they must be held responsible for that person's safety. ... Too many innocent people like Mr. Thomas have died."

Sadie Gurman can be reached at sgurman@post-gazette.com or 412-263-1878.
First published on August 19, 2008 at 12:00 am
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