District Attorney prosecuting ‘Justice for Earl McNeil’ organizers

Supporters of Aeiramique Blake left the courtroom with their fists held high.

The number of supporters turned the courtroom into standing-room only, but Judge Truc T. Do wanted an “orderly and peaceful process.”

Community members said they have not rested since Earl McNeil’s mysterious death in the custody of the National City Police Department. Four months later, McNeil’s family and the public said they still do not have answers or justice.

Blake is a restorative justice consultant and community activist who has been a leader in the “Justice for Earl McNeil” movement.

“We spent about four months demanding that they release the body-worn footage and any other footage that they have,” Blake said, speaking of police body cameras. “Even in finding out more details about what happened to Earl McNeil, we have not, still, discovered the complete truth. Some video tapes were covered up, or blurred out, mute.”

Criminal charges are not being filed against National City police officers.

District Attorney Summer Stephan said there is not sufficient evidence of intent to kill during a Sept. 21 news conference held after McNeil’s autopsy report and police footage were released.

She added that there was not sufficient evidence of criminal negligence for a manslaughter charge.

Blake disagreed.

“She could do so in regards to neglect as he screamed out for help throughout the duration of his ride and was refused that help,” Blake said.

McNeil was detained by NCPD while family and community members said he was thought to be experiencing a schizophrenic delusion. He was also under the influence of amphetamines. Throughout the police body-worn camera audio he is heard screaming and pleeding for a psychiatric evaluation.

McNeil’s mental health was previously a topic of discussion during a San Diego Police Department investigation of a 2003 liquor shop shooting in which two women were killed.

McNeil family attorney Doug Applegate said National City police confirmed that McNeil had worked as a paid informant for that case, but did not disclose the department he worked for.

He said McNeil called NCPD for help. Officers used a controversial detainment device known as “The Wrap” to subdue McNeil when they responded,.

The Wrap is a restrictive device which binds the subject into a hogtie position. The subject’s legs are bound together, arms are secured behind the back, and the subject is forced into a seated position with legs flexed in front. The person’s torso is secured to leg constraints.

NCPD also placed a spit sock over McNeil’s head and pulled a shirt over his mouth.

It is not intended for use on persons suspected of drug intoxication. Studies have shown that the hogtie restraint position and The Wrap have been associated with suffocation.

“He also had respiratory compromise due to his position and the objects over his mouth (and possibly nose) temporarily associated with his change of responsiveness and immediately preceding his cardiorespiratory arrest,” said Dr. Steven Campman of the County of San Diego Medical Examiner’s Department in McNeil’s autopsy report.

McNeil was resuscitated after cardiorespiratory arrest, but lack of oxygen caused brain damage.

The autopsy report said intoxication levels alone could have compromised McNeil. However, the manner of death is homicide, the report said.

Applegate said police footage from patrol car, body, and sally port cameras show McNeil asking for help “for approximately two hours and 20 minutes.”

He said he is concerned with the absence of medical attention provided to McNeil during this time. Camera footage shows that McNeil did not receive medical attention until moments before cardiorespiratory arrest in the central jail’s sally port.

Applegate also said that footage released by the NCPD of McNeil in the sally port is unclear. Audio is missing from a significant portion and the footage is blurred. Officers are not identifiable.

While NCPD officers do not face criminal charges, Stephan is filing against three community members for resisting arrest during a demonstration at a National City Council Meeting.

Community members gathered to demand the release of McNeil’s autopsy report and police footage. All told, 150 riot officers were deployed for a group of – what was reported to be – less than 30 non-violent demonstrators. Six were arrested.

Two women were allegedly injured by the officers.

Blake said she was pushed in the stomach by an officer before going limp. She faces four charges of resisting arrest and one charge of threatening the officer who injured her.

Blake claims that while in jail she did not receive remedy for the pain caused by an endometriosis flare. She said she was left to vomit on herself in a cell and seperated from Shane Parmely, who was arrested at the same city council meeting.

“We have leadership in positions of power where they’re not holding their offices accountable, so we have the same kind of incidients happening because of neglect,” Blake said. “Because they know they can get away with it. So I always try to bring light to my situation like, I am a person who does sit at the table.”

She went on to say “I’m a restorative justice consultant so I have to sit at the table with the sherrifs, the DA, and everyone else. But I’m not exempt to being hurt, harmed, I’m not exempt to anything and it could easily – if it can happen to me it can happen to anyone.”

Mark Lane and Parmely sat on the floor in protest of officers’ treatment of Blake during the city council meeting. They also face charges of resisting.   

Blake said that city officials “claim that San Diego is so far ahead of other people and progressive in our community oriented policing.”

“The death of Earl McNeil is not reflective of that, the charges against me are not reflective of that…so if the leadership is corrupt, of course it is trickeling down the system. So I’m not surprised by any of this,” she said.

Blake said she does not expect Stephan to have a change of mind. Nonetheless, she plans to keep working to let the public know who is in San Diego leadership and change that when “their seats are up for grabs.”

“No one is exempt,” she said.  “The only thing you’re doing is adding fuel to the fire.”

Jury trial for Lane, Parmely and Blake begins Jan. 11. Blake says her legal team estimates a trial that will last just over a week. She said she plans to hold a conference  on the trial’s first day.