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Body cam footage shows moments before in-custody death of Calif. man

OAKLAND -- New video has surfaced showing the man at the center of a recent wrongful death lawsuit settlement against the Oakland Police Department in the moments before he died, CBS San Francisco reports.

The body cam footage, obtained by the Contra Costa Times, shows 51-year-old Hernan Jarmillos pleading for help while officers restrain him and ignoring Jarmillos's pleas.

They continue to restrain him as Jarmillos can be heard repeatedly shouting "I can't breathe! They are killing me!"

Ana Biocini, Jarmillos's sister, spoke to the station about the day she said she helplessly watched her younger brother die in police custody almost two and a half years ago.

She said that on July 8, 2013, she called police after thinking an intruder was trying to kill her brother. When police arrived, they only found Biocini and her brother, Jarmillos, at the house, and ignored his pleas.

"They had an opportunity to change what they were doing. And they didn't do anything," Biocini said.

Police arrested Hernan when he would not obey their commands, she said. They pressed their knees into her brother's back and abdomen until he was unconscious, she said. By the time paramedics arrived, it was too late.

"At the very least, they could have released the pressure from his diaphragm and his back so that his breathing was not restricted," said family attorney DeWitt Lacy. "Those are things that they are trained to do and they could have easily done here."

Biocini said the city of Oakland's wrongful death settlement for $450,000 won't bring her brother back.

"They were very irresponsible," said Biocini.

The Alameda County Coroner found drugs in Jarmillos's system, according to the station. Officials maintained the cause of death was multiple intoxication plus physical exertion. The city and the Oakland Police Department have not commented on the settlement.

According to the station, the three officers named in the lawsuit are still on duty.

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