Crime

Duluth, Minn. (AP) ― An independent review has cleared Duluth, Minn. police in the death of David Croud last fall, but other reports Monday criticized some of the actions taken by St. Mary's Medical Center after his arrest.

Croud, 29, died Oct. 18, six days after being taken into custody with a blood-alcohol content of 0.31 percent, over four times the legal limit to drive.

"The autopsy reports make it very clear he did not die because of any injury received from the time he was taken into custody and transported to St. Mary's (Medical Center)," Washington County Attorney Doug Johnson said during a news conference Monday. "Therefore, it's my conclusion that David Croud did not die as the result of abusive behavior by the Duluth Police Department."

No criminal charges will be filed, he said.

But other reports released Monday cited other possible factors in Croud's death, including his face-down position on a gurney and the way he was restrained in the hospital, the Duluth News Tribune reported.

Johnson said officers did not kick or hit Croud -- a member of the White Earth Band of Chippewa -- that and no derogatory or racial comments were heard directed toward him. The Taser stun gun that police tried to use to subdue Croud was not properly charged and did not work, he said.

James Croud was disappointed by the findings about his younger brother's death.

"We had hoped that there would be some justice in this case, but as it turned out that didn't happen," Croud told the newspaper Monday evening. He said the Croud family will continue to seek the help of the American Civil Liberties Union before deciding whether to file a civil lawsuit.

St. Louis County Attorney Alan Mitchell in October asked Johnson's office to review the Minnesota Bureau of Criminal Apprehension's investigation into Croud's death and decide whether criminal charges were warranted against any member of the Duluth Police Department.

Two Duluth police officers arrested Croud after a struggle Oct. 12. He started bleeding from his head, probably from a bloody nose. Croud was spitting blood at the officers, so a cotton "spit mask" was placed over his mouth and nose to protect them from his saliva or blood.

An autopsy determined in November that Croud died of lack of oxygen to his brain due to cardiopulmonary arrest from the combination of acute alcohol intoxication and the administration of Haldol, an anti-psychotic drug commonly used on agitated patients.

On Monday, St. Louis County Medical Examiner Thomas Uncini mentioned for the first time other potential factors in Croud's death, including the possible presence of coagulated blood in the spit mask, the fact that Croud had a narrowed coronary artery, and Croud's face-down position on a gurney at the hospital.

Pat FitzGibbons, a special investigator for the Minnesota Department of Health, was critical of how St. Mary's handled Croud.

The hospital staff did not do enough to ensure that Croud was put on his back or side, he wrote, either when Croud was admitted or after he'd calmed down after he was given Haldol. He wrote that the staff did not order Croud to be repositioned until 44 minutes after his admission, even though his position -- lying on his stomach, with his hands cuffed behind his back -- put him at risk for breathing problems.

Dr. Hugh Renier, vice president of medical affairs for St. Mary's, said hospital officials were working with the health department and police to revise policies and practices for dealing with patients brought there in similar situations.

"The real gist of this is that it was a real tragedy of a case," Renier said. "These cases are always difficult, when patients come in in this type of a situation. The hospital has tried hard to learn from this case and is working hard to improve the care of patients."

Robert Powless, chairman of Duluth's American Indian Commission, was encouraged that the law enforcement leaders at Monday's news conference told him they would be willing to meet with the commission to explain their findings in greater detail.

"It's a tough uphill battle to try to make something good come out of something so bad," Powless said afterward.

Police Chief Roger Waller called Croud's death a tragedy for Croud's family and for the officers and their families. He criticized news reports that he said depicted the officers as "brutal thugs" and compared the incident with the videotaped police beating of Rodney King in Los Angeles in 1991.

"This incident bears no resemblance to Rodney King," Waller said. "The officers involved are professionally trained and are not the brutal thugs they have been portrayed as."

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