Allen: Panel says officers appropriately subdued Peruvian man who died

06:12 AM CST on Wednesday, November 2, 2005

By TIARA M. ELLIS / The Dallas Morning News

A Collin County grand jury decided Tuesday that Allen police used appropriate force this summer in subduing a Peruvian man who ultimately died from injuries suffered during his arrest.

Edgar A. Vera, 45, was pepper-sprayed and stopped breathing during a struggle with police, according to Allen police. He was transported to a local hospital, where he remained in a coma for two weeks before dying.

Mr. Vera's family has held rallies at the Allen Police Department twice and regularly called for justice in Mr. Vera's death. Family members were not satisfied with the decision Tuesday.

"I feel a lot of anger, because it's not fair. They killed my uncle. And they are supposed to be paying for what they have done," said Carla Calderon, 17.

Texas Rangers Sgt. A.P. Davidson declined to comment on the investigation but said that the grand jury decided that there is "no action warranted against any employee of the Allen Police Department and other life-saving professionals."

At a news conference Tuesday night, Allen Police Chief Bill Rushing said it's a tragedy that a life was lost but the officers were not at fault.

"The grand jury's decision today underscores that the Allen police officers did not engage in any criminal conduct, but rather, lawfully and appropriately used force to subdue a combative and resistant suspect," he said.

Steve Salazar, the Vera family's attorney, could not be reached for comment.

Collin County Medical Examiner William Rohr has declined to release the cause of Mr. Vera's death but said he would do so at the conclusion of the investigation.

He said in an e-mail Tuesday that the information would be released today.

The grand jury announcement marks the end of a two-month criminal investigation conducted by the Texas Rangers into whether there was criminal misconduct by the arresting officers – Laura Gilmore and Gino Ruatta.

Both officers returned to desk duty last month after being placed on paid administrative leave the week following the incident. They will be returned to full officer status at the conclusion of the internal investigation, which could be in a couple of weeks.

In a written statement, Collin County District Attorney John Roach said his office will not comment, because the "grand jury's findings speak for themselves."

The grand jury report said: "We now find that no probable cause exists to believe that any criminal offense was committed in connection with these events other than Mr. Vera's refusal to submit to the lawful authority of the police officers, who attempted to effect his arrest."

Mr. Vera's arrest came after a call Aug. 4 to Allen police about a suspicious person. Mr. Vera was waiting outside a relative's house. Police found that he had a seat-belt violation warrant out of Irving and attempted to arrest him.

Two other investigations into the incident are pending. The FBI is conducting a civil rights inquiry into Mr. Vera's death. FBI spokeswoman Lori Bailey said the agency's preliminary investigation has been completed and it is waiting for a response from the U.S. Department of Justice.

Allen police plan to conduct a criminal investigation but are waiting for the other two inquires to be completed before beginning, Allen police Capt. Robert Flores has said.

Mr. Vera, an Arlington resident, had lived in the United States since the mid-1980s, family members say. High-ranking Peruvian officials have asked to be kept up to date on the investigation. Eduardo Rivoldi of the Peruvian Consulate in Houston met with Chief Rushing and the family in August to discuss the police's internal investigation.

E-mail tellis@dallasnews.com