Man on meth dies in police custody

555 On June 23, 2018, approximately 5:39 p.m., Tompko walked into the middle traffic lanes and oncoming traffic on West Lincoln Avenue in the City of Anaheim near several businesses. Footage from security cameras obtained from nearby businesses as well as a witness' cell phone show Tompko was wearing a red shirt and khaki shorts. Tompko can be seen running directly toward oncoming vehicles and repeatedly bending forward at the waist in apparent distress while he was in the roadway. 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." Several minutes later, a witness called APD and reported that Tompko was crawling and rolling around on the floor inside the First Stop Liquor store, which was captured by the store's surveillance camera. At approximately 5:42 p.m., APD Officers Jason Carney and Kenneth Gulley responded to the liquor store and activated their AXON Body Worn Cameras (BWC). When Officers Carney and Gulley arrived at the liquor store they observed Tompko walking quickly toward a white iron fence that separated the liquor store's parking lot from the outdoor dining area of a neighboring restaurant. There were families and other individuals dining at the establishment. Officer Carney immediately noticed that Tompko "had foam, saliva coming out of his mouth, he was sweating profusely, [and] he was breathing very heavily." Based on the speed and direction that he was heading, Officers Carney and Gulley feared Tompko might run into traffic again. Officer Gulley ordered Tompko to stop and sit on the ground. Tompko initially complied with Officer Gulley's command, as he "kind of flopped on the ground" into a seated position. Officer Gulley stated that after Tompko momentarily complied with his order to stop and sit on the ground, Tompko began "kicking his feet around", "waving his arms around," and appeared to "slam himself" as he rolled around on the ground. In an effort to gain control of Tompko and to ensure that Tompko would not run away, Officer Gulley then ordered Tompko to lay down on his stomach. Tompko laid back onto his right side. Based on both officers training and experience, they believed Tompko to be under the influence of a central nervous system stimulant. Officers Carney and Gulley rolled Tompko onto his stomach, and attempted to place him in handcuffs. Tompko then began to resist and attempted to jerk his arms away from the officers. Officer Gulley placed his on Tompko's upper back and momentarily used his body weight to pin Tompko to the ground. Officer Gulley was then able to reach Tompko's left arm and place a handcuff on Tompko's left wrist. Officer Gulley then moved to a position where he was straddling Tompko's waist. Tompko still continued to be non-compliant. Several seconds later, Officer Carney placed his on Tompko's upper back in order to gain control of Tompko's right arm. Tompko continued to be non-compliant, but Officer Carney was able to gain control of Tompko's right arm and handcuffed him. 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. Officer Gulley proceeded to move from Tompko's waist to a kneeling position to the left of him, and placed Tompko's legs against his buttocks in a "Figure 4 Leg Lock" to prevent Tompko from kicking the officers. 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. Officer Carney rolled Tompko onto his back and retrieved Narcan nasal spray from his nearby patrol vehicle. Officer Pedersen checked Tompko and noticed that he had a very slow pulse. Approximately one minute later, Officer Carney administered the first dose of Narcan nasal spray to Tompko, but it had no effect. Officer Carney then began performing Cardio Pulmonary Resuscitation (CPR) on Tompko while Officer Pedersen used an Artificial Manual Breathing Unit (AMBU) to ventilate him. Approximately one minute later, Officer Carney administered the second dose of Narcan to Tompko, but it still had no effect. Approximately three minutes later, Officers Pedersen and McGlade applied an Automated External Defibrillator (AED) to Tompko's chest area. The AED analyzed Tompko's cardiac rhythm and determined no shock was advised. At approximately 5:50 p.m., paramedics from the Anaheim Fire Department arrived and took over medical care of Tompko. The paramedics confirmed via electrocardiogram (EKG) that Tompko had no respirations or pulse. The paramedics continued CPR, and determined that Tompko was experiencing Pulseless Electrical Activity (PEA). They then administered a total of three doses of epinephrine and transported Tompko to the Anaheim Regional Medical Center at approximately 6:05 4 p.m. 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. Based on all the evidence provided to and reviewed by the OCDA, and pursuant to applicable legal principles, it is our conclusion that there is no evidence to support a finding of criminal culpability on the part of any APD personnel or any individual under the supervision of the APD. The evidence demonstrates that Tompko died as a result of complications of substance abuse.

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