Oklahoma man’s death in police custody under investigation

Published 10:21 am Tuesday, July 28, 2015

MUSKOGEE, Okla. — Oklahoma state medical examiners have determined that a man who died in the custody of a Warner Police Department reserve officer in April was suffocated, and his death is being investigated as a homicide.

David Cody Lynch, 33, died primarily from asphyxia due to physical restraint, according to a report from Oklahoma State Medical Examiner’s Office spokeswoman Amy Elliott. 

Lynch died after an altercation with Warner Reserve Officer Mike Shamblin. Other factors listed among the cause of death are: acute intoxication of methamphetamine, hypertensive cardiovascular disease and electric shock weapon discharge.

“The combination of the decedent being in a prone position with police officers kneeling on top of him in an attempt to restrain him most likely caused a hypoxic event,” the medical examiner’s report states.

The incident is being examined by the Oklahoma State Bureau of Investigation, said OSBI spokeswoman Jessica Brown. The OSBI will send a report to Muskogee County District Attorney Orvil Loge for a determination of whether the incident was justified.

Warner Police Chief Terry Thompson declined to comment.

According to a police report, Shamblin responded to an accident report on April 3 in Warner, a town of 1,600 people about 70 miles southeast of Tulsa. However, when he arrived at the scene, there was not an accident.

Investigators said Lynch apparently had been doing doughnuts at the intersection prior to the officer’s arrival.

As Shamblin responded to the disturbance, Lynch hit him, fracturing his left eye socket. Shamblin used his Taser during an ensuing altercation with Lynch, police said.

After Lynch was subdued and taken into custody, Shamblin noticed Lynch was not breathing and attempted CPR. Shamblin and Lynch were taken to a hospital, where the officer was treated and released. Lynch was pronounced dead at the hospital.

Lynch’s death comes in a year in which several unarmed suspects have died while being arrested by police officers around the country. They include Eric Garner, who was captured on video in July 2014 being put in a chokehold by police in New York before dying. In April, Freddy Gray was arrested in Baltimore and died a week after he suffered a broken vertebra following his arrest.

Almost 150 miles away from Muskogee, Luis Rodriguez was detained by Moore (Okla.) police officers at a movie theater before dying on his way to the hospital in February 2014. His death was also ruled a homicide. According to the medical examiner, he died of a heart condition known as cardiac arrhythmia, brought on by physical restraint.

Grimwood writes for The Muskogee (Okla) Phoenix.