Assault Trial Underway Involving Case Of Man Who Died In Custody

FORT WORTH (CBSDFW.COM) - An assault trial is underway in Tarrant County surrounding the case of a man who died after he was arrested in Weatherford in February of 2015.

Charles Alvarez reportedly struggled to breathe and pleaded for help in the Parker County Jail before dying at the hospital.

Weatherford Police had arrested him for public intoxication.

But before the arrest, Evan Gustin is accused of chasing Alvarez into the street, knocking him down and kicking him.

Gustin isn't charged in Alvarez's death, but is on trial for a misdemeanor assault charge.

Alvarez's family has filed a federal lawsuit in Dallas, alleging Alvarez received improper medical care and that the jail staff showed "deliberate indifference to his serious medical needs."

The CBS 11's I-Team showed exclusive surveillance video of Alvarez pleading for help before collapsing in the booking area of the jail.

At the time the county jail in Weatherford was operated by a private, New Jersey-based company, Community Education Centers Inc.

The federal lawsuit, filed by Alvarez's parents, names CEC and seven unidentified CEC jail staffers as plaintiffs.