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Clason arrest footage released (video)

David Cole | Hagadone News Network | UPDATED 12 years, 7 months AGO
by David Cole
| April 12, 2012 10:22 AM

COEUR d’ALENE — Dashboard camera video was released Wednesday by police showing the July 10 arrest in Coeur d’Alene of a 30-year-old man who lost consciousness in the process and later died.

Following a review of the video and other materials collected in the investigation, the Kootenai County prosecutor’s office said Coeur d’Alene police officers and Idaho State Police troopers acted appropriately in the arrest.

Representatives for both Coeur d’Alene police and ISP were asked for comment to provide analysis and context. Coeur d’Alene police spokeswoman Sgt. Christie Wood said the department wouldn’t provide further comment about the incident.

ISP officials didn’t immediately respond.

The video shows Spokane-area resident Nicholas “Nic” Andrew Clason staggering in the dirt alongside the westbound on-ramp to Interstate 90 at Fourth Street in torn jeans and a tank top undershirt as an ISP trooper pulls up and shines his lights on him. It’s nearly 11 p.m. at the time.

Clason acts erratically in the video, holding a hand to his throat, jumping up on the steep embankment, rolling around on the ground and throwing himself to the ground.

He also has a small object in his hand which he keeps pressing against his neck, chest and stomach.

At times he lies still on the ground.

At one point, as he’s lying on the ground with hands and legs spread to his sides, an officer moves in and sprays Clason with pepper spray.

Soon after that, while lying on his back, Clason tosses the unidentified object to his left and it lands about 10 feet from his body.

At that point three officers move closer to him.

Before they contact him, Clason rolls onto his stomach and places his hands behind his back.

Then two officers kneel down next to him, with one officer placing his knee into Clason’s back and neck area.

Soon four officers are kneeling down or squatting next to him, apparently working to restrain Clason.

The officer with his knee pressed against Clason’s neck, head, and upper back appears to release pressure at different points. It’s not clear from the video how much pressure is being applied and where his knee is contacting Clason.

Clason is heard on the video saying that he cannot breathe.

Soon two of the officers get up and walk away, with one apparently grinning as he walks in front of the camera. An officer returns with another restraint that was then placed on Clason’s lower legs.

At that point the video appears to show the officers responding to Clason losing consciousness. An officer comments that Clason appears to have inhaled a large amount of dirt.

The police shake his shoulder, tap his chest, move his face from side to side, but Clason doesn’t appear to respond.

Soon about eight officers are in the picture while one officer begins chest compressions. Another officer also appears to begin administering breaths.

After a few minutes, a fire truck with emergency medical responders arrives. Men from that vehicle begin helping Clason.

An officer places an evidence marker next to the small object Clason tossed. The object appears to be 2-3 inches in length.

An ambulance soon pulls up.

After Clason is loaded into the ambulance it sits there for several minutes and the video ends.

Clason died July 14 after being taken off life support.

The case was investigated by the Kootenai County Sheriff’s Department and Prosecutor Barry McHugh’s office reviewed the investigation to determine whether any criminal charges should be filed.

McHugh, in a Dec. 5 letter, wrote, “I have concluded that the officers involved in Mr. Clason’s detention acted professionally and in Mr. Clason’s best interests under very difficult circumstances in which Mr. Clason posed a danger to himself and/or others.”

The object, described as “sharp” by police in a press release at the time, was never identified. McHugh told The Press he didn’t know what it was.

Also in McHugh’s letter, he wrote that a Spokane forensic pathologist found that “restraining measures did not cause death independent of the drug toxicity.”

McHugh said the pathologist determined Clason suffered respiratory arrest caused by “methamphetamine toxicity.” Clason died of “hypoxic encephalopathy,” or a lack of oxygen to the brain.

Wood on Wednesday re-submitted a press release distributed at the time of the incident.

In the release, Chief Wayne Longo was quoted as saying, “We are deeply saddened for the family of Nicholas Clason, and our thoughts and prayers are with them.”

The release said Clason was taken to Kootenai Medical Center for what appeared to be a possible drug overdose. He was admitted to intensive care and never regained consciousness.

ISP released the video after The Press submitted a public records request.

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