LAKEPORT, Calif. – District Attorney Don Anderson said his investigation into a man’s death in police custody this spring has concluded that the cause was a drug overdose.

Anderson released his findings on Sunday in the death of 24-year-old Anthony Gerard Cortez of Clearlake.

Cortez died on May 30 shortly after Lakeport Police officers had taken him into custody, as Lake County News has reported.

In its initial report, the Lakeport Police Department said officers had responded to the Anchorage Inn on N. Main Street on a report of a shirtless male subject acting erratically, running around the parking lot and banging on the glass door, and then walking down the middle of Main Street and stopping traffic.

The officers located Cortez on the ground in front of the old Natural High School property in the 800 block of N. Main Street, where they said he was flailing n the ground. When they approached, he got up and began walking toward them, flailing his arms and acting paranoid.

The Lakeport Police Department said the officers took control of Cortez, placed him in handcuffs, sat him on the ground and then – based on his behavior – requested medical assistance.

When paramedics arrived, police said Cortez was placed on a gurney and taken to the ambulance. Once in the vehicle, he began to have a medical emergency – going into cardiac arrest – and was transported to Sutter Lakeside Hospital while paramedics attempted to save him, according to the report.

At the hospital, medical personnel continued to try to save Cortez’s life, but police said he died a short time after he arrived.

Anderson said his office’s investigation was initiated in accordance with the Lake County Critical Incident Protocol of 2016.

He said an autopsy determined that Cortez suffered no obvious trauma and that his death was caused by acute drug toxicity and acute amphetamine overdose.

“The officers at Lakeport Police Department acted professionally and well within the bounds of police procedures and policy. The officers placing Anthony Cortez in handcuffs was well within reason and accepted police protocol based on the officers observed conduct of Cortez and the reported history,” Anderson wrote. “Therefore, it is the findings of this office that the death of Anthony Gerard Cortez was the result of a drug overdose and was not contributed to, or caused by any member of the Lakeport Police Department.”

Anderson’s full report is published below.

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INTRODUCTION

On May 30, 2018 at about 10:08 a.m., officers of the Lakeport Police Department detained Anthony Gerard Cortez at the Natural High School, 950 North Main Street, Lakeport, California based on reports of unusual activity being exhibited by Mr. Cortez.

Anthony Cortez exhibited signs of having a medical distress. Lakeport Fire Department responded and transported Mr. Cortez to Sutter Lakeside Hospital. At 11:14 a.m. Mr. Cortez was pronounced dead, 14 minutes after arriving at the hospital.

Pursuant to the Lake County Critical Incident Protocol of 2016, the Lake County District Attorney’s Office conducted the investigation into the incident. This report and findings are conducted pursuant to California State law as well as the Lake County Law Enforcement Critical Incident Protocol.

It is the finding of the Lake County District Attorney’s Office that Anthony Gerard Cortez died as a result of a drug overdose. It is further our finding that Lakeport Police officers acted appropriately in their care of Mr. Cortez and made every effort to save his life. No wrong doings have been found and there shall be no criminal charges filed on any individual in this matter

FACTS

Below is a chronological history of the events of May 30, 2018. Most of the events were captured on video surveillance and police audio and video cameras.

At 10:01 a.m. Cortez exits room 205 at the Anchorage Inn. He is seen running back and forth on the walkway on the second floor balcony. He is barefoot with no shirt and only wearing pants. He is yelling at occupants and gesturing wildly. He appears agitated and is waving his arms. Cortez walks down the stairs and continues his wild, out of control conduct in the parking lot. A few minutes later Cortez walks onto Main Street and walks south bound in the middle of the road.

At 10:02 a.m. several calls are made to the police department and 911 dispatch.

At 10:08 a.m. Chief Brad Rasmussen and Office Andrew Welter contact Anthony Cortez who is sitting on the grass area on the west side of the Old Natural High School. As the officers approach, Cortez stands to his feet and approached the officers. Cortez did not appear hostile to the officers but showed sign of agitation and erratic behavior. Cortez was mumbling, waving his arms bobbing, dancing in place and shaking his head. The officers immediately placed handcuffs on Cortez and sat him back down. While on the ground Cortez continued his agitated state, kicking his feet.

At 10:13 a.m. Lakeport Fire Department arrives at the scene. At this time it is noted that Cortez is in a state of cardiac arrest.

At 10:49 a.m. Lakeport Fire Department starts transporting Cortez to Sutter Lakeside Hospital.

At 10:56 a.m. Lakeport Fire Department arrived at Sutter Lakeside Hospital.

At 11:13 a.m. Anthony Cortez is pronounced dead by a physician at Sutter Lakeside Hospital.

Investigators from the District Attorney’s Office conducted a search of room 205 at the Anchorage Inn. No narcotics are located; however two empty syringes are found within the room.

On May 31, 2018, an autopsy was conducted on Anthony Cortez by Bennet Omalu. Dr. Bennet I. Omalu determines the cause of death to be acute drug toxicity and acute amphetamine overdose. The report notes there are no obvious trauma on Anthony Cortez.

In a report dated June 18, 2018, Central Valley Toxicology reports a specimen of Anthony Cortez contained Atopine = 0.32 mg/L, d-Methamphetamine = 9.6 mg/L and d-Amphetamine = 0.05 mg/L.

FINDINGS

It is the findings of the Lake County District Attorney’s Office that Anthony Gerard Cortez died as a result of a drug overdose as set forth above.

The officers at Lakeport Police Department acted professionally and well within the bounds of police procedures and policy. The officers placing Anthony Cortez in handcuffs was well within reason and accepted police protocol based on the officers observed conduct of Cortez and the reported history.

Therefore, it is the findings of this office that the death of Anthony Gerard Cortez was the result of a drug overdose and was not contributed to, or caused by any member of the Lakeport Police Department.


_____________________________
Don A. Anderson
Lake County District Attorney