Phoenix Officers Cleared In Airport Death

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http://www.kpho.com/news/17258530/detail.html?treets=pho&tml=pho_break&ts=T&tmi=pho_break_1_05580208212008#-

Officers Cleared In Airport Death

POSTED: 2:57 pm MST August 21, 2008
UPDATED: 5:31 pm MST August 21, 2008

PHOENIX -- The Phoenix police officers involved in the in-custody death of Carol Ann Gotbaum at Sky Harbor Airport will not face criminal charges, the county attorney's office said on Thursday.

Police arrested Gotbaum for disorderly conduct on Sept. 28 after she was denied a seat on a flight to Tucson. She was later found dead in an airport holding cell.

The death was investigated by county attorney's In-Custody Death Review Committee, made up of veteran prosecutors, including the office's division chiefs.

The committee questioned the case agent from the Phoenix Police Department and reviewed a comprehensive report filed by police. It also examined the medical examiner's report, photographic evidence and photographs of a re-enactment, among other evidence, the county attorney's office said.

Gotbaum struggled with officers as she was being arrested for disorderly conduct at the airport. "She was handcuffed behind her back," the county attorney's office said. "She was placed in a holding cell. She continued to struggle with police and the handcuffs were secured by a chain to a bench. The officer secured the door. Minutes passed and an officer looked in the holding cell to check on Gotbaum."

"Police tried to revive Gotbaum, paramedics were called, and she was pronounced dead," the county attorney's office said.

At the time of her arrest, officers were unaware that Gotbaum allegedly suffered from alcoholism and depression, the county attorney's office said. There was no notice of medical problems provided to the airline or on Gotbaum's passenger manifest from New York, the county attorney's office said.

After a review of all the evidence, County Attorney Thomas determined that the actions of the officers do not warrant criminal charges.

"Mrs. Gotbaum's death, while tragic, does not warrant criminal charges against police officers who were simply trying to carry out their duties," Thomas said. "They committed no crime."

Gotbaum Family Filed Lawsuit In March

The family filed an $8 million claim against the city in March, blaming Phoenix police for using excessive force and ignoring policies during her arrest.

Phoenix rejected the claim, saying officers did nothing wrong.

"On that day, members of the Phoenix Police Department used excessive and unreasonable force on Carol, as if she was a dangerous criminal, rather than as the sick, intoxicated, and vulnerable person she was," the claim stated.

Gotbaum family attorney Michael Manning went on to write that police erred by putting her alone and shackled in a holding room.

"In the process, they ignored the warning signs that their own policies, procedures and training materials told them could result in Carol's death," Manning wrote.

The official cause of death as determined by the medical examiner was asphyxia by hanging in the holding room.

At least two of the drugs found in Gotbaum were antidepressants, and the autopsy report said she had a history of "use of antidepressant medications with intoxication."

The medical examiner reported that Gotbaum had approximately 35 bruises on her neck, arms and legs, including her knees and elbows, and scrapes.

Police have said they had used a chain to link the handcuffs to a bolt fastened to a bench in the detention room, but the autopsy report said the officer who found Gotbaum unconscious wasn't able to recall the chain's exact position at that point.

The report showed Gotbaum was found unresponsive in the holding cell with handcuffs near her neck area.

Police Have Released Many Documents In Probe

A police report released on Nov. 1 revealed Gotbaum ordered a vodka and tomato juice on the flight from New York to Phoenix, according to witnesses.

The Phoenix Police Department's homicide unit earlier released hundreds of pages of documents relating to their probe into the case.

Witnesses in the terminal are also quoted in the police report as saying they heard Gotbaum yelling, "I'm not a terrorist. I am an unhappily married woman."

The 45-year-old was married to Noah Gotbaum, son of retired labor leader Victor Gotbaum and stepson of Betsy Gotbaum. The couple lived on the Upper West Side with their three young children.

Another interview with a witness at the airport that day who was a Special Agent with the FBI said Gotbaum was out of control and tried to kick officers.

A surveillance video showed Gotbaum running through the airport terminal, bowing abruptly as she appeared to yell and resisting arrest as three police officers tried to control her.

Gotbaum, who by this point had her hands cuffed behind her back, could also be seen locking her legs as officers held her by the arms and pushed the still-standing passenger through the terminal.

Authorities said Gotbaum, who was traveling alone, was late for a flight and became angry when a gate crew wouldn't let her on the plane. She also threw her PDA in the airport terminal, just missing a person, police said.





      

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