All of the Thornton Police officers on the scene initially refused to make a statement, and the report stated they “demanded an opportunity to view all available evidence of the incident” before agreeing to talk.
Body camera footage of Gutierrez’s death is not publicly available, and his daughter, Avina De Luna, believes this is because of the “excited delirium” she read on her father’s autopsy report. De Luna says she and her family weren’t told for weeks many of the key details of his death such as the facedown restraint, the lack of active body cameras, or the decision to label his cause of death as “excited delirium.”
When asked for comment, the Thornton Police Department declined to answer any specific questions and referred everyone to a decision letter by the Adams County District Attorney that ultimately cleared the officers of any criminal wrongdoing.
A statement from police department spokesperson did state, “We want to acknowledge that Alex lost his life that day, and that’s a huge loss. Any time an officer has to use force to arrest a suspect or defend against an attack, it’s dangerous for all involved. We’re saddened at the loss of Alex’s life, and our condolences go out to his family and loved ones.”
Six months after the death of Gutierrez in Adams County, the same medical examiner tasked to investigate that death had a new officer-involved death to investigate.
On Aug. 19, 2017, Paul Egli, 46, had been “acting erratic” while wearing only boxer shorts outside a Super 8 in Adams County. Police were called, and Egli was quickly taken down and handcuffed by three responding officers. While handcuffed, Egli eventually stopped breathing, and his body was sent to Dr. Stephen Cina for an examination whose conclusion was “cocaine-induced excited delirium.”
Two years later, Elijah McClain was walking home when Aurora Police officers attempted to arrest him after receiving a 911 call about a suspicious person wearing a mask. When medical responders arrived after about 15 minutes, paramedics injected him with ketamine. When McClain died, Dr. Stephen Cina was once again called to offer his conclusion on the death. Cina stated in the autopsy’s conclusion, “the patient’s sudden collapse after an intense struggle is commonly seen in Excited Delirium.”
A 9NEWS ORIGINALS investigation discovered other instances when the term “excited delirium” showed up on autopsy reports of people who died under and next to law enforcement officers. The investigation has identified 130 deaths since 2010, including the death of George Floyd, tied to the controversial term. Almost half of the deaths occurred after the use of facedown restraint, and more than half died after being stunned by a stun gun. The cases disproportionately involved Black or Hispanic men.
Dr. Joye M. Carter Rush, the country’s first Black chief pathologist who is highly experienced, says “it’s time to retire the term ‘excited delirium’ altogether.” The term should be eradicated. It serves as an excuse for excessive, aggressive, and prolonged restraint.”
So what exactly is excited delirium? According to a 2011 report published in the Western Journal of Emergency Medicine, “The presentation of excited delirium occurs with a sudden onset, with symptoms of bizarre and/or aggressive behavior, shouting, paranoia, panic, violence toward others, unexpected physical strength, and hyperthermia.” In Colorado’s El Paso County, the elected coroner said his office will not use “excited delirium’ when a death occurs in law enforcement custody. “It is not an appropriate word to use in circumstances where any external force or factors were in play,” he said. “Any case where you have an interaction—a violent interaction—with law enforcement… that’s not a scenario where I would use excited delirium.”
He said far too often, the term “excited delirium” signals the end of any investigation.
