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Dallas-Fort Worth, Texas

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Man dies in Dallas police custody

06:42 PM CDT on Tuesday, June 29, 2004

By REBECCA LOPEZ / WFAA-TV

Dallas police are investigating at least seven officers for the custody death of a 33-year-old man.

Police said he was resisting arrest, but friends of Pedro Fernandez said officers used excessive force, which they believe lead to his death.

."One guy was on him like this and had him like this," said friend Daniel Martinez, clasping his hands to show a neck restraint. "They wouldn't get off of him, and he was saying 'I can't breathe, I can't breathe ... I'm getting a seizure.' They wouldn't let him up."

Pedro 
      Fernandez
Dallas County Sheriff's Department
Pedro Fernandez

Fernandez, who weighed more than 300 pounds, died a short time later after collapsing. Police said they were attempting to arrest him after a domestic violence dispute. Officers said he resisted arrest, so they used various police methods - including pepper spray - to subdue him.

"Ultimately we had seven officers who were trying to control him," said Dallas Police Chief David Kunkle. "Pepper spray was used, and the person who was arrested, as well as officers, got pepper spray in their eyes."

Even Fernandez' friends and neighbors said he was resisting arrest, but they said once he was on the ground he gave up and kept begging officers to stop.

"He was just yelling like he was in pain," neighbor Heather Vasquez said.

Paramedics were called to the scene and took Fernandez' vital signs, which police say were normal, but minutes later he collapsed.

"Before they could leave the scene, the deceased went into some kind of arrest and couldn't be revived at the scene," said Kunkle.

The police department is investigating the case. Tuesday, they released the internal affairs reports on the officers involved.

One officer has been investigated for placing a person in danger and using excessive force; another was suspended for domestic disturbance. A senior corporal was involved in a shooting, another officer was suspended for excessive force, and yet another was investigated for traffic accidents and improper conduct.

Police said they don't know yet if the officers acted improperly, but so far they said it looks like they were trying to calm a man who was out of control.

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