DA: Moore Officers Clear In Death Of Luis Rodriguez
MOORE, Oklahoma - The Cleveland County District Attorney has cleared the officers involved in the death of Luis Rodriguez, who died outside the Warren Theater in Moore while he was in police custody.
The DA's office released a letter Friday afternoon, stating that the office has reviewed the investigative reports, photographs, witness statements, and other documents contained in the investigation presented to the office on June 3 by the OSBI.
The Oklahoma Medical Examiner said back in April that Rodriguez died from a cardiac arrhythmia due to physical restraint and that his body had signs of a struggle that would not have been enough to kill him.
According to a report done by the Moore Police, Rodriguez died when he was at the hospital, not when he was being taken into custody.
A police report shows that officers were investigating a domestic abuse call outside the Warren Theater. The report shows an officer approached Rodriguez and asked for his identification but "he wasn't giving it to him" then "Luis stepped back, crossed his arms and tried to walk around" the officer.
Police reported that Rodriguez was "taking an aggressive stance" that they "interpreted as a fighting stance." Other officers eventually "stepped in to get Luis under control."
The report also states that "he stopped breathing" at the scene but "he was stabilized" at the hospital, where Rodriguez eventually "stopped breathing again and died" after receiving a CT scan.
District Attorney Greg Mashburn said on Friday that he will not file any charges against the officers, saying they were within their legal right to detain Luis Rodriguez. He said the use of force by the officers against Rodriguez was justified and appropriate under the law. There is no nexus between illegal actions on behalf of the officers and Rodriguez's death.
In the DA's opinion, a Warren Theater security footage shows an officer using knee strikes and other active counter measures to release Rodriguez's arms so he could be handcuffed. Mashburn says this is an appropriate law enforcement technique, and while that did result in bruising to Rodriguez, the DA says it did not contribute to his death.
The Rodriguez family has maintained all along that the video shows the officers using too much force and they vow not to give up their fight.
News 9 reporter Chris McKinnon is following this story. Stay with News 9 and News9.com for updates.