Felipe Viviano Garcia Dies After Arrest
The Corpus Christi City Marshall, in Corpus Christi, Texas, filed a custodial death report with the Attorney General of Texas regarding the death of Felipe Viviano Garcia. Mr. Garcia was only 31 years old at the time of his death. We make no allegation of any wrongdoing against anyone in this post, but are instead simply providing information contained in that report.
The report indicates that Mr. Garcia did not exhibit any mental health problems, did not receive any medical treatment, and did not exhibit any medical problems. The summary portion of the report reads in its entirety:
“On 08-02-2021 at 12:29am Spohn South Hospital ER on 5950 Saratoga Blvd called reference to (DE) Felipe Viviano Garcia (XX-XX-XX) that had arrived at the ER via Taxi. ER staff advised that Felipe appeared to be intoxicated or under the influence of drugs and had walked out refusing treatment. ER staff advised that Felipe was outside by the ambulance bay door. At around 1:08am Officer A. Cisneros #15056 (C460) and Officer G. Montelongo #15216 (C470) were dispatched to the noted call above. It should be noted the call pended for a little due to call for service volume. Officer Cisneros and Officer Montelongo arrived around 1:12am and contacted Felipe outside the Hospital HR. Felipe was subsequently arrested for Public Intoxication, Criminal Trespass, and Resisting Arrest/Search/Transport, Reference CCPD case #: 2108020003. Officer Cisneros`s report narrative for case #: 2108020003: “On 8-2-21 I Officer A. Cisneros #15056 and Officer G. Montelongo #15216 were dispatched to 5950 Saratoga Blvd in reference to an intoxicated subject by the ambulance bay. Officers arrived on scene and made contact with a male subject who would later be identified as (OF) Felipe Garcia. He was standing outside of the bay doors to the hospital and refusing to leave. On site security was there and they advised they had also asked him to leave several times and he would not leave. He was talking to officers and not making much sense. He had medical tabs on him as he was already seen by hospital staff and had been discharged. We continued to talk to him and told him he needed to leave the property as he no longer had a need to be there and we could find other options to get him to where he need to go. He refused and at this time he was placed under arrest for Criminal Trespass. He was placed in handcuffs and officers began to escort him to our very clearly marked police unit. He began to use his physical strength to prevent officers from placing him in a secure unit. As officers began to try to place him in the marked police car and he continued using his physical strength and body to resist officers. It was obvious he was not in his normal mental and physical facilities during this time. CDR Reports :: Page 3 of 3 He was placed under arrest for Criminal Trespassing, Public Intoxication, and Resisting Arrest (transport). He had to be physical placed into the transport van and continued the entire time of resisting. He was transported to CDC to be booked. It should be noted that while escorting the subject to the vehicle, he continued his resistive nature and in order to gain control he was placed against the back of the unit. During this time his body caused a dent near the passenger`s side back door. Lt. P. Janko was advised and responded. Photos of the damage were taken and employee statements were completed.” -End Officer Cisneros`s report narrative At around 1:22am Felipe was placed into custody. It was around this time while Officers were attempting to get Felipe into Unit #7345. During the process due to Felipe`s resisting he had struck his head on the passenger rear quarter panel. At around 1:24am Transport Officer C. Callis #1184 (P5814) was started to Spohn South Hospital ER. At around 1:45am Transport Officer Callis transported Felipe to the City Detention Center on 601 Leopard St for booking in CCPD Transport Unit #785. At around 2:10am Felipe was photographed and booked into the City Detention Center. At around 5:08am Transport Officer R. Jimenez #15694 (CDC1) transported Felipe in CCPD Transport Unit #0786 to the Nueces County Jail on 901 Leopard St for county booking. At around 5:30am while at the Nueces County Jail in the sally port entrance area waiting to get booked in Felipe had a medical emergency and collapsed. Medics (M1) were started to the location. At around 5:40am Medics were on scene at the Nueces County Jail and were advising CPR was in progress. Medics then transported Felipe to Spohn Shoreline Hospital on 600 Elizabeth St with CPR in progress the whole way there. Medical staff at Spohn Shoreline Hospital continued CPR and other lifesaving measures. At around 6:06am hospital staff/doctors advised that Felipe was deceased. Crime scene were secured at the Nueces County Jail and Spohn Shoreline Hospital and all involved CCPD units were secured. CID and ID were requested to the scenes”.
It is interesting to say the least that the summary portion above indicates that Mr. Garcia was placed against the vehicle, while at another point indicates that his head apparently caused a dent in the vehicle quarter panel. Regardless, the 4th Amendment to the United States Constitution guarantees the right of U.S. residents to not have excessive force used against them. If an officer, jailer, or other person acting under color of state law uses excessive force and causes the death of a person, then liability could exist for claims brought by certain surviving family members. These claims are usually brought in federal court, in Texas, and pursuant to a federal statute. Once again, despite providing information in this post, we are not making any allegation of any wrongdoing against anyone related to Mr. Garcia’s death.
Dean Malone
Dean Malone