OCDA issues Custodial Death Report for Ian Elliot Tompko

Orange County District Attorney (OCDA) Todd Spitzer released the investigation findings and legal conclusions of the Anaheim Police Department (APD) custodial death of Ian Elliot Tompko.

The full letter, “OCDA Report Custodial Death Investigation – Ian Elliot Tompko,” is available at www.orangecountyda.org by selecting Officer-Involved Shootings and Custodial Death Letters under the Reports pull-down menu. The relevant video/audio evidence is available on the OCDA webpage http://orangecountyda.org/reports/videoandaudio/default.asp.

This article was reelased by the Orange County District Attorney’s Office. Below follow excerpts from the Custodial Death Report for Ian Elliot Tompko. The full report is available here.

On June 23, 2018, approximately 5:39 p.m., [Ian Elliot] Tompko walked into the middle traffic lanes andoncoming traffic on West Lincoln Avenue in the City of Anaheim near several businesses. […] Several witnesses called 911, and APD received multiple reports that a male, wearing a red shirt and khaki shorts was walking into oncoming traffic in an attempt to be struck by vehicles. Witnesses described the male as doing a “crazy dance,” possibly having a heart attack, “hallucinating”, or that he was “high on something.”
[…]
As Officers Carney and Gulley handcuffed him, Tompko yelled for help and repeatedly stated that he was going to die as he continued to be non-compliant. Both officers reassured Tompko, and told him that they were there to help him. Officers Carney and Gulley asked Tompko to relax and stop struggling. Officer Gulley also retrieved a hobble to attempt to control Tompko’s legs. […] As additional officers arrived and Officer Gulley prepared to apply the nylon hobble device, Officer Carney noticed that Tompko was unconscious, unresponsive and was no longer breathing.

At approximately 5:44 p.m., officers requested paramedic assistance and immediately began performing life saving measures.
[…]
At approximately 5:50 p.m., paramedics from the Anaheim Fire Department arrived and took over medical care of Tompko. […] At approximately 6:12 p.m., Tompko arrived at the hospital and Advanced Cardiac Life Support protocols were continued by on-duty emergency room staff. The hospital staff was unable to revive Tompko and he was pronounced dead at 6:23 p.m.
[…]
On June 26, 2018, Forensic Pathologist Dr. Aruna Singhania of the Orange County Coroner’s Office conducted an autopsy on the body of Tompko. Dr. Singhania noted that there were superficial abrasions on Tompko’s head, knees, and wrists, and that there were no signs of significant trauma. Dr. Singhania determined Tompko’s manner of death to be accidental and the cause of death to be acute methamphetamine and amphetamine intoxication with cardiomegaly listed as an additional condition.
[…]
Although the APD owed Tompko a duty of care, the evidence clearly does not support a finding that this duty was breached in any way, either intentionally as required for murder, or through criminal negligence as required for involuntary manslaughter.
[…]
Witnesses stated that Tompko was not complying with the officers’ commands and continued to resist their attempts to detain and calm him down. Despite Tompko’s shouting and struggling, the officers repeatedly told Tompko to relax using calm voices, and told him that they were there to help him. When Tompko became unresponsive, the officers promptly checked for a pulse and respiration and upon finding none, immediately began life-saving measures including administering Narcan.
[…]
[T]here is no evidence whatsoever to support a finding that any APD personnel or any individual under the supervision of the APD failed to perform a legal duty. To the contrary, the evidence clearly show that the APD officers acted reasonably, treated Tompko with compassion and respect, and handled his medical emergency reasonably and with efficiency.