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Nathaniel Joneses’ Family to File Suit Against Cincinnati Police

Memo Proves Police Didn’t Follow Rules in Fatal Arrest, Lawyer Says

WLWT-TV News Cincinnati

The following is a transcript of Jesse Jones’ report shown exactly the way it appeared on WLWT Eyewitness News 5 at 11 p.m. on Dec. 11.

Anchor: “Now to Target 5’s exclusive, new information about the death of Nathaniel Jones. Investigator Jesse Jones has uncovered new and breaking details about this case.”

Jones: “Target 5 has learned that Kenneth Lawson, the Jones family attorney, will be filing suit against the city of Cincinnati either Friday or Monday. We’ve also obtained a Cincinnati police memo that Lawson says proves that the police were not following policy during the fateful struggle.”

Jones continues: “Target 5 has learned that the Lawson’s forensic expert is looking into positional asphyxia as the reason why Nathaniel Jones died during his arrest. Positional asphyxia is when a man is put into a position where he cannot breathe. Through this whole ordeal the Cincinnati police department and the FOP have maintained that its officers followed procedure during the struggle.”

Roger Webster, Fraternal Order of Police: “These officers used extreme restraint when they fought with this man. There are no blows to the head. There are no blows that extend to internal organs. They did what they were trained to do.”

Jones continues: “Now if -- and only if -- a jury believes that positional asphyxia was the true cause of death, this document will become crucial. It’s a Cincinnati police training bulletin dated February of this year. It states how officers are supposed to prevent positional asphyxia. It lists persons on cocaine, who are obese, in a protracted struggle with pressure placed on their backs as factors that can increase the risk of positional asphyxia. Lawson maintains that the tape shows officers were applying pressure to Jones’ back. The bulletin also advises officers that once an individual is controlled not to leave the person on the ground, and look for signs of troubled breathing.”

Jones continues: “After the arrest, one of the officers talks about rolling Jones over. Jones is rolled, but he is not breathing. However the bulletin says officers should put the person in a seated position. They did not. The officers did ask for an emergency response and attempted chest compressions, but Lawson says by that time it may have been too late.”

Jones continues: “Remember, the Hamilton county coroner -- Dr. Carl Parrott -- found that Jones’ death was caused by obesity, an enlarged heart, drug use, and obviously, the struggle. For the other side of this story we spoke with Keith Fangman from the FOP. Here’s what he had to say.”

Fangman statement: “The FOP is not going to speculate on an unconfirmed autopsy report. We also find it ironic that Mr. Lawson has publicly questioned Dr. Parrott’s honesty and integrity. Two years ago Lawson was singing Dr. Parrott’s praises when he ruled that Roger Owensby’s death was caused by mechanical asphyxiation, or choking. That report led to the indictment of two officers.”

Jones continues: “Roger Owensby died following a struggle with police in 2000.”