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CBS News 8 - San Diego, CA News Station - KFMB Channel 8 | cbs8.com

DA's office concludes no liability for law enforcement involved in trespassing incident at Fallbrook gas station

After a review of Marco Antonio Napoles-Rosales’ death, the DA’s Office determined the law enforcement personnel involved in his restraint acted reasonably.

SAN DIEGO — Warning: Some of the video content could be disturbing to some audiences.

The San Diego County’s Sheriff’s Department was called to a Circle K gas station in Fallbrook August 16, 2018 on reports of a trespasser on the property. After a Sheriff’s deputy took Marco Antonio Napoles-Rosales, 29, into custody an altercation ensued.

This case is one of five recently reviewed by the DA’s office. Relevant portions of body camera, cell phone and surveillance video were released Friday along with a review of five officer involved shooting incidents, according the DA’s office.

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The following is the DA’s analysis:

On August 16, 2018, an employee of a Circle K gas station in Fallbrook called the San Diego County Sheriff’s Department to report a trespasser on their property. A deputy contacted Marco Antonio Napoles-Rosales, 29, and attempted to assist him by allowing Napoles-Rosales to make three phone calls to relatives on the deputy’s cell phone. Eventually, the deputy let Napoles-Rosales know he had to leave the property. Napoles-Rosales left momentarily, but then returned. He was contacted again by Sheriff’s deputies who took him into custody for trespassing.

Napoles-Rosales immediately became violent and combative leading to a extended physical altercation with deputies. During the altercation, the deputies’ body-worn cameras were knocked off and Napoles Rosales bit down on a deputy’s thumb and wouldn’t let go, resulting in an open wound. A deputy used a Taser on Napoles-Rosales, but it was ineffective. After a significant struggle, Napoles-Rosales was eventually placed in a safety restraint commonly known as a “wrap.”

A deputy requested the fire department respond because Napoles-Rosales was exhibiting signs of excited delirium and extreme strength. Paramedics arrived and noted that Napoles-Rosales was talking and in spite of being restrained, remained combative. Napoles-Rosales was lifted onto a gurney and placed in the rear of an ambulance. While in the ambulance Napoles-Rosales was found by paramedics to be unresponsive. CPR was initiated and he was transported to Tri-City Medical. En route to the hospital, Rosales regained vital signs. A CT scan of the head later diagnosed him with an anoxic brain injury. He was admitted to the hospital, his condition declined and he died one day later.

Napoles-Rosales’ drug screen was positive for amphetamine, methamphetamine and cannabinoids. The San Diego County Medical Examiner found that Napoles-Rosales exhibited signs of excited delirium syndrome and determined the cause of death was due to sudden cardiopulmonary arrest associated with methamphetamine intoxication and physical exertion during law enforcement restraint.

After a thorough review of the facts and circumstances surrounding Napoles-Rosales' death, the District Attorney’s Office determined the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions.