6 CHP officers, sergeant plead not guilty to man's 2020 in-custody death
A California Highway Patrol sergeant and six CHP officers pleaded not guilty Friday to charges of involuntary manslaughter and assault under the color of authority for the 2020 in-custody death of a Burbank man.
Motorist Edward Bronstein, 38 had been stopped March 31, 2020, on the I-5 Freeway in Altadena on suspicion of driving under the influence, and when he refused to have his blood drawn, he was forcefully restrained.
An 18-minute video released a year ago under a judge's order captured the officers and a nurse detaining 38-year-old Edward Bronstein while attempting to forcefully draw his blood for a DUI sample.
"These officers had a legal duty to Mr. Bronstein. He was in their custody. We believe that they failed their duty and their failure was criminally negligent, causing his death," Gascon said at a news conference in downtown Los Angeles announcing the charges.
Bronstein initially refused to give a blood sample. In a lawsuit, his family says the six officers and the sergeant forcefully restrained Bronstein in a CHP maintenance garage by applying their full body weight on him to take his blood, even as he shouted he couldn't breathe a dozen times.
"When they turn him over six minutes after his last scream, he is completely lifeless," Gascon said. "More than 13 minutes after Mr. Bronstein last screamed, they began CPR but are unsuccessful."
When the officers realized Bronstein was not responding, they attempted to revive him, calling his name and slapping the side of his head while he remained face-down on the ground. Eventually, he was turned over and an officer asked for oxygen and CPR.
"He at least deserved a chance to have CPR done, to be treated like a human, " daughter Brianna Palomino said. "He was treated like trash."
The L.A. County Coroner listed Bronstein's death as undetermined, but the cause to be "acute methamphetamine intoxication during restraint by law enforcement." Family attorneys say their own autopsy report showed the officers' actions killed him.
The officers and the seargent facing charges; Sgt. Michael Little, 57; Dionisio Fiorella, 39; Dustin Osmanson, 41; Darren Parsons, 48; Diego Romero, 35; Justin Silva, 30; and Marciel Terry, 32. could face up to four years and eight months in state prison if convicted. Following the charges filed, all seven were placed on administrative leave.
Registered nurse Arbi Baghalian, 42, was also charged with one count of involuntary manslaughter and could face a maximum of four years in prison.
The eight remain free on their own recognizance. They are due back in a downtown Los Angeles courtroom July 25, when a date is scheduled to be set for a hearing to determine whether there is sufficient evidence to allow the case against the eight to proceed to trial.
The CHP updated agency policies since the incident to prevent officers from using techniques or transport methods that involve a substantial risk of asphyxia. They also reported that training is provided to help all uniformed employees recognize medical distress.
"On behalf of the entire California Highway Patrol, I extend my deepest condolences to the family of Mr. Edward Bronstein," CHP Commissioner Sean Duryee said in a statement. "Our agency's top priority is protecting the safety and well-being of all Californians, and I am saddened that Mr. Bronstein died while in our custody and care. Any death in custody is a tragedy that we take with utmost seriousness. I recognize this case will now move through the court system, and I respect the judicial process."
Bronstein's parents and children will receive a record $24 million civil rights settlement from the state of California, attorneys for the family announced last month. It marked the largest civil rights settlement of its kind by the state of California, and the second largest nationally since Minneapolis paid $27 million in the case of George Floyd, who also died in custody three years ago, said Annee Della Donna, an attorney for Bronstein's family.
