Coroner Rules Death of Man in Denver Police Custody a Homicide; Medical Examiner Says Ruling Does Not Mean Murder

Milton Banks was arrested by Denver police on July 14 after allegedly assaulting and attempting to carjack a driver on the 2100 block of East Colfax. According to police and fire department accounts, Banks, who was wearing only underwear, was acting erratically and attempted to rob other citizens before officers arrived.

Police struggled to subdue and handcuff him. Banks, 42, was restrained on the ground with his hands cuffed behind his back, according to his autopsy report, obtained by CBS Colorado. A Denver Health paramedic subsequently injected him with a sedative, Versed, and Banks later died at a hospital.

The autopsy determined Banks died of a heart attack ' following prolonged struggle and physical restraint'. The medical examiner classified the manner of death as homicide, and said the presence of a synthetic cannabanoid in his system 'was a significant contributing factor'.

But Chief Medical Examiner Dr. Sterling McLaren told CBS Colorado that the ruling should not be interpreted as a finding of criminal wrongdoing.

"We're not calling it murder," McLaren said.

McLaren and Dr. Ariana Pape said they reviewed Denver police body-camera video showing Banks handcuffed behind his back and face down on the ground. They said officers subsequently rolled him onto his side and that he was in the face-down, or prone, position for only a short time.

But the doctors said his position was still a factor in their assessment.

"His position is part of it," they said.

McLaren also described Banks as being highly agitated during the encounter.

"He's revved up," McLaren said.

The medical examiners emphasized they are not saying anyone did anything wrong or acted intentionally.

"This is a challenging case," McLaren said.

A Denver Fire Department captain who was at the scene described in an email obtained by CBS Colorado how a Denver paramedic administered '10 of Versed', a fast-acting sedative, to Banks.

The medical examiner's office said it was aware Versed had been administered and tested Banks' blood for the drug, but did not detect it. Officials said Versed moves through the body quickly and that the dose administered was small, which could explain why it was not detected.

The fire captain's email provides an account of what happened after the injection. The captain said that when Banks was injected by a Denver paramedic, he "did not appear to be resisting" as he had been previously.

"The next thing I heard," the captain wrote, was that Banks needed CPR and a firefighter began performing chest compressions.

The captain also said he heard the paramedic say, "Oh God, am I going to lose my job."

Banks later died at the hospital.

Banks' autopsy also found he suffered from heart disease and emphysema.

Banks' family says it wants answers about exactly what happened that day.

"That was our loved one and we deserve to know the truth," a family member said.

His sister, Thomia Banks, said, "He was very important and valuable to us- our family took such a loss by losing him."

"I feel like my brother was mishandled," she said.

Banks' family says he had been homeless and struggled with substance abuse for years. Court records show Banks had been arrested numerous times for crimes ranging from robbery to drugs. Thomia Banks acknowledged that her brother may not have been a model citizen, but said that should not diminish the family's need for answers.

"He was somebody, you know," she said.

The Denver Police Department said it has conducted an investigation and will forward its findings to the Denver District Attorney's Office as early as Friday to determine whether criminal charges are warranted. Police said that is standard procedure.

The department also said it would conduct a separate internal investigation to determine whether officers followed department policies and procedures.

A Denver Health spokesperson declined to comment on the case.

CBS Colorado has requested body-camera video showing what happened that day. The video has not been released.