‘I can’t breathe,’ Fresno man told police officers before he died, new bodycam footage shows
LATEST: Raw emotion spills out at news conference
The Fresno Police Department under judicial order released Friday edited body camera footage from a 2017 homicide in which an officer sits on a backboard on top of the victim as he says “I can’t breathe” before he stopped responding.
Joseph Perez, 41, pleaded with Fresno police officers and Fresno County Sheriff’s deputies in the moments leading up to his death, saying “Let me redeem myself” and “I can’t breathe.” American Ambulance paramedics instructed an officer to sit on the backboard, placed on top of Perez as he’s face down on the ground, so law enforcement officers and paramedics could restrain him.
Perez, who was unarmed and handcuffed, was killed by law enforcement officers May 10, 2017 while suffering a mental breakdown. The Fresno County Coroner determined the death was a homicide. His family is suing Fresno police officers, Fresno County Sheriff’s deputies, the city and the county of Fresno and American Ambulance for wrongful death and excessive force in federal court.
Former Fresno Police Chief Andy Hall speaks in the video, expressing his condolences to the Perez family. Hall said the family originally requested the footage be kept confidential, but recently requested that it be released. Hall agreed to release the footage, he said, but American Ambulance objected. The footage was released Friday under federal court order.
“Despite the defendants’ efforts to keep this footage confidential, truth and transparency have prevailed,” said attorney Neil Gehlawat, who represents the family. “The Perez family is deeply troubled by the circumstances leading to Joseph’s death, especially in light of the police violence epidemic plaguing the country. Compression asphyxia during restraint is all too common, and we hope to expose this pervasive tactic used by law enforcement officers across the country.”
The Fresno County Sheriff’s Office declined to comment on the newly released footage, citing the ongoing litigation.
Perez, an air conditioning repairman, was married and had two children. His family said he was the oldest of five children and loved camping, music and dancing. Perez was killed within two miles of his home, his family said.
According to the Sheriff’s Office, dispatch received a call about 10:30 a.m. May 10, 2017, about a man “acting strange, running and yelling” on Palm Avenue near Santa Fe Drive. Fresno police patrol officers were the first to encounter Perez and then were joined by sheriff’s deputies. “Members of both agencies contacted the man and detained him,” a sheriff’s news release said about the incident the day after it occurred.
Due to Perez’s mental state, and possibly being under the influence, an ambulance was called. The news release did not mention Perez being handcuffed or give details about what happened next. But “during the drive to the hospital, the suspect died,” the news release said.
Gehlawat said law enforcement officers handcuffed Perez and restrained him by putting him face down on the ground.
Hall highlighted the toxic level of methamphetamine noted by the coroner in Perez’s report. But Gehlawat said that did not contribute to his death.
“First and foremost, I want to express on the part of the Fresno Police Department, how tragic this loss of life was. Despite Mr. Perez’s personal struggles, it saddens all of us when a life is lost,” Hall says in the video.
This story was originally published March 5, 2021 at 11:47 AM.