El Paso ME Rules Man's Death in Police Conflict as Homicide

Overview of the Incident

A man who died during a struggle with police on Interstate 10 in El Paso has been ruled a homicide by the El Paso County Medical Examiner's Office. The deceased, identified as Xavier Guadalupe Hernandez, was 30 years old and had a history of substance use. According to the autopsy report, Hernandez died from "asphyxia due to chest compression during law enforcement subdual and restrain." The report also noted that cocaine toxicity was a significant contributing factor to his death.

Dr. Janice Diaz-Cavalliery, a deputy medical examiner for El Paso, conducted the autopsy. The report states that Hernandez became unresponsive while being held face down by officers after being tased multiple times. Autopsy findings revealed multiple abrasions, contusions, and puncture marks on his body. He was described as 5 feet 8 inches tall and weighing 208 pounds.

Hernandez grew up in El Paso and attended Eastwood High School. His family described him as a quiet, gentle, and kind person who lived life with joy and curiosity. A GoFundMe account set up in his name stated, "This tragedy should never have happened. Xavier’s life mattered. Our family is committed to seeking answers and justice for him so that no other family experiences this pain."

Details of the Incident

The incident occurred on Sunday, July 13, when El Paso Police Department (EPPD) officers responded to a call about a pedestrian on the I-10 freeway. According to EPPD, Hernandez was attempting to jump over a barrier on the eastbound lanes near Yarbrough Drive. During the encounter, he became uncooperative and resisted officers' commands. A Taser deployment was ineffective, and an off-duty officer and a witness helped restrain him due to his combative behavior.

Hernandez was pronounced dead at Del Sol Medical Center after becoming unresponsive. A toxicology test revealed the presence of benzoylecgonine, cocaine, and ecgonine methylester in his blood.

Ongoing Investigations

The medical examiner's determination of homicide as the cause of death was addressed at a news conference on Wednesday, August 6. Sgt. Robert Gomez, a department spokesman, clarified that "homicide" in this context is a medical term used in autopsy reports to describe a death caused by another person. It does not imply criminal conduct.

Three separate investigations are currently underway:

• Criminal Investigation: Conducted by the EPPD's Crimes Against Persons Unit.
• Texas Rangers Investigation: Led by the Texas Department of Public Safety.
• Administrative Investigation: Carried out by the EPPD's Internal Affairs.

Gomez emphasized that the investigations will determine whether criminal charges or administrative violations are filed. The initial responding officer, who has six years of experience with EPPD, remains on administrative leave, while the second officer is still on active duty. The names of the officers involved have not been released.

Transparency and Communication

Gomez mentioned that EPPD plans to release police body camera video of the incident "when it's appropriate and the investigation allows," but there is no specific timeline for its release. When asked about the message to Hernandez's family, Gomez said, "The death of a loved one is tragic no matter the circumstances. My condolences go to the family. I wish the circumstances were different but death under any circumstance is tragic."

Legal Representation

Initially, El Paso attorney Gabriel S. Perez represented Hernandez's family. However, an official from Perez's office confirmed that he is no longer representing them.

Conclusion

The case highlights the complex interplay between law enforcement actions and medical findings. As the investigations continue, the community awaits further information and transparency regarding the events that led to Hernandez's death. The case also underscores the importance of thorough and impartial investigations in cases involving law enforcement and public safety.