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A judges gavel rests on top of a desk in the courtroom of the newly opened Black Police Precinct and Courthouse Museum February 3, 2009 in Miami, Florida. The museum is located in the only known structure in the nation that was designed, devoted to and operated as a separate station house and municipal court for African-Americans.
Imagine Music Festivalgoer Fernando Rodriguez died of asphyxiation two years ago after five Georgia officers used a stun gun on him.
The DA's office also said that the officers violated their oath when they stretched Rodriguez on the ground while he was handcuffed and shackled. They also, reportedly, held him down and applied pressure to his body.
Fernando Rodriguez died days after police officers asphyxiated him
At the time, a 911 call reported that Rodriguez was walking naked on the road after attending the festival. Shortly after, officers arrived to confront him. They asked him to stop walking, but he didn't immediately comply, which is why they tased him 15 times.
When the officers asked Rodriguez to roll over, he didn't immediately comply yet again, so the officers pinned him to the ground.
According to the Atlanta Journal-Constitution, the officers kneeled on Rodriguez for nearly 10 minutes before one of them said that the victim was already holding his breath. Another officer noticed that Rodriguez had stopped breathing.
Rodriguez didn't immediately die following the altercation. He was still rushed to a nearby hospital, but he passed away a few days later.
Victim's family's wrongful death lawsuit reach a settlement
Rodriguez's family filed a wrongful death lawsuit following his demise. The documents said that the officers should've given the victim medical aid when they saw him walking naked on the road. After all, there were also claims that Rodriguez seemed confused.
The lawsuit also states that the police officers should've performed emergency CPR on Rodriguez instead of waiting for an ambulance to arrive.
The grand jury returned an indictment for each of the five officers on Friday, including one count of malice murder, two counts of felony murder, and one count of aggravated assault. All five officers were also charged with one count of violation of the oath of office.
Even before their indictment, three of the five officers had already resigned from their post. Gregory Bowlden and Mason Lewis resigned in August, while Marcus Stroud resigned from his post shortly after the incident.
Fernando Rodriguez's family grateful for officers' indictment
Rodriguez's family attorney, Page A. Pate, said that those he left behind are pleased with the Georgia officers' indictment.
"Fernando's family has been patiently waiting for justice in this case and they are very glad to see that the process is now moving forward. We are especially grateful that the officers have all been charged with murder and we think the charges fit the crime," Pate said via NBC News.
Pate added that it is difficult to get police officers charged and convicted in Georgia, so the indictment was an excellent first step toward the right direction. The lawyer also hopes that the indictment will help the Henry County Commission and all the leaders in Henry County to recognize their mistakes, according to 11alive.
According to the attorney, Rodriguez's family accepted a $3 million settlement from the City of Hampton following the incident.
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