BY MARK STODGHILL
NEWS TRIBUNE STAFF WRITER
Duluth police actions during a contentious arrest didn’t cause David Croud’s death last fall, an independent agency has determined.
Reports on Monday for the first time introduced other possible factors in the American Indian man’s death, including his face-down position on a gurney and the way he was restrained in the hospital.
Croud, 29, died Oct. 18, six days after being taken into custody by police with a blood-alcohol content of 0.31 percent, nearly four times the legal limit to drive.
“The autopsy reports make it very clear he did not die because of any injury received from the time he was taken into custody and transported to St. Mary’s (Medical Center),” Washington County Attorney Doug Johnson said during a news conference at the DECC Auditorium on Monday.
“Therefore, it’s my conclusion that David Croud did not die as the result of abusive behavior by the Duluth Police Department.”
Johnson said Croud was not kicked or hit by officers and no derogatory or racial comments were heard directed toward him. The Taser gun that police tried to use to restrain Croud was not properly charged and did not work.
No criminal charges will be filed.
James Croud was disappointed by the findings of the investigation into his younger brother’s death.
“We had hoped that there would be some justice in this case, but as it turned out that didn’t happen,” Croud said Monday evening. “We will continue to do everything that we can to continue and try to find some type of justice.”
He said the Croud family will continue to seek the help of the American Civil Liberties Union before deciding whether to bring a civil lawsuit.
St. Louis County Attorney Alan Mitchell in October asked Johnson’s office to review the Minnesota Bureau of Criminal Apprehension’s investigation into Croud’s death and decide whether there were any criminal charges warranted against any member of the Duluth Police Department.
A St. Louis County medical examiner determined in November that Croud died of lack of oxygen to his brain due to cardiopulmonary arrest from the combination of acute alcohol intoxication and the administration of Haldol. Haldol is an antipsychotic drug commonly used to treat agitated patients.
Two Duluth police officers responded to a report of an intoxicated man on East Superior Street near Second Avenue East at 5:51 p.m. on Oct. 12.
The officers attempted to put Croud’s hands on the wall to secure their own safety, but Croud was combative and taken to the ground. He started bleeding from the head, which was probably a bloody nose, Johnson said.
The officers struggled to put handcuffs on him and get him into a squad car. Johnson said that based on a video from the nearby Fond-du-Luth Casino, the confrontation lasted about 1 minutes.
Croud was spitting blood at the officers. A “spit mask” was placed over his mouth and nose. The mask helps protect an officer from coming in contact with a suspect’s saliva or blood. The cotton material and tent-like form allows the person wearing it to breathe and prevents spitting and biting.
On Monday, St. Louis County Medical Examiner Thomas Uncini mentioned for the first time other potential factors in the accidental death, including the possible presence of coagulated blood in the spit mask, the fact that Croud had a narrowed coronary artery, and Croud’s face-down position on a gurney at the hospital.
The Minnesota Department of Health investigated St. Mary’s Medical Center’s handling of Croud. Special Investigator Pat FitzGibbons wrote in his report that the medical examiner said the way the patient was restrained also was a factor in Croud’s death.
FitzGibbons’ report is critical of St. Mary’s Medical Center.
“It was established through medical record review, policy/procedure review and interview that hospital staff did not adequately intervene for (Croud) when he was brought to the hospital by police officers,” FitzGibbons wrote in his report.
“Although interview established that the police officers directed that the patient be positioned in a prone position, handcuffed behind his back on a gurney at the time of his admission, hospital staff did not adequately intervene to position the patient on his back or side, to request that his handcuffs be removed, and that four point cloth restraints be placed, at the time of admission or when the patient calmed down after he was medicated with Haldol, in accordance with acceptable standards of practice.”
FitzGibbons also reported that hospital staff did not order Croud to be repositioned until 44 minutes after his admission, even though Croud’s position -- lying on his stomach, with his hands handcuffed behind his back -- put him at risk for breathing problems.
Croud died six days later.
FitzGibbons also said that it “could not be fully determined” that the dose of Haldol that Croud received combined with alcohol intoxication contributed to his death.
Dr. Hugh Renier, vice president of medical affairs for St. Mary’s Medical Center, said hospital officials “are cooperating with the Minnesota Department of Health in relationship to that report.”
He said the hospital is in the process of revising policies and practices for dealing with patients brought into the hospital in a situation similar to Croud’s.
“The real gist of this is that it was a real tragedy of a case,” Renier said. “These cases are always difficult, when patients come in in this type of a situation. The hospital has tried hard to learn from this case and is working hard to improve the care of patients. We’ve been working with the Police Department to improve the care of patients brought into the emergency room in this type of situation.”
The closest Johnson came to finding any fault with Duluth police actions was in saying: “Now, we can disagree as to whether or not they properly took him down on the street where he got the blood coming from his head, which we believe was a bloody nose since the autopsy report showed no other wounds to the head, but there was no criminal behavior on the part of the Duluth police department.”
Johnson suggested that the Croud family could pursue a civil claim. He said there were inconsistencies in the events as explained to investigators by police and hospital personnel.
The 32-year prosecutor called it a “he-said-she-said” case.
“One of the sticking points is one of the officers suggested to medical personnel that they change the (hand) cuffs,” Johnson said. “Medical personnel say that they suggested changing the cuffs. All I know is that the cuffs didn’t get changed.”
Johnson said that many of the hospital notes were not made right when events happened. “They were made later when Mr. Croud had his problems, when it became a life-threatening situation,” he said.
Paul Gherardi, the BCA special agent who led the investigation, said the emergency room was busy at the time of Croud’s admittance.
Robert Powless, chairman of Duluth’s American Indian Commission, was encouraged that the law enforcement leaders at Monday’s news conference told him they would be willing to meet with the commission to explain their findings in greater detail.
“It’s a tough uphill battle to try to make something good come out of something so bad,” Powless said after the news conference. “I think that we should try very hard to start pulling all of this information together so that we can get a clearer picture of what actually went on, so that we know what is the best way to make something positive come out of a tragic, horrible situation for so many people involved.”
Duluth Police Chief Roger Waller called Croud’s death a tragedy for Croud’s family and for police officers and their families.
He said his officers work with intoxicated, needy people daily. Officers buy some of them meals, jackets and blankets to wear. Some officers drive them around at night in squad cars when the detoxification center and shelters are full.
Waller criticized the local, state and national media for its coverage of the Croud case.
“The news media painted a picture of these officers in our department as brutal thugs and compared this incident to Rodney King,” Waller said. “This incident bears no resemblance to Rodney King. The officers involved are professionally trained and are not the brutal thugs they have been portrayed as.”
Duluth News Tribune (http://www.duluthsuperior.com/)