Attorney James R. Greene III, who represents English’s parents, said Tuesday that he has evidence to support a coroner’s finding of undetermined.
“There’s no indication that there’s any kind of bruising or any kind of hematoma which would be evident from someone who dropped or fell 30 to 40 feet off a bridge,” Greene said. “There was also no indication in the coroner’s report of any bleeding about the head or any scars on the face.
“Allegedly, he used his head to break out the window. We checked with the mortician. The mortician also found no bruising and no scrapes about the face or glass in his head or scalp and we thought that, given those facts, that we needed to get a better understanding of how there could be a conclusion that his death was a suicide as opposed to undetermined.”
A statement provided Tuesday by Montgomery County Prosecutor Mat Heck Jr., said: “”We are the statutory legal advisor and attorney for the Montgomery County Coroner. We have not seen and are not aware of any lawsuit filed against the Coroner or former Coroner.”
Last year, a U.S. Department of Justice investigation cleared the Dayton Police Department and the Montgomery County Sheriff’s Office of misconduct. “There is a lack of evidence to contradict the medical examiner’s finding that English committed suicide or to support allegations of misconduct by law enforcement that surfaced following Mr. English’s death,” the department wrote. “There is insufficient evidence to pursue federal criminal civil rights charges.”
The lawsuit said English was not suicidal, not depressed and was never treated for mental illness and had plans to become a recording artist.
“Plaintiffs can, by a preponderance of the evidence and expert testimony, show the Decedents’ death was not as a result of suicide,” the document said. Greene is asking for a judgment directing the coroner to change his decision as indeterminate but not by suicide, order a new death certificate, a new supplementary medical certification and a new coroner’s report.”
Exhibits included with the complaint show English died of blunt force injury to the chest, including fractures to all 24 ribs and multiple punctures of the right lung and liver.
The examination by Dr. Russell L. Uptegrove notes multiple abrasions on the top of English’s right shoulder, the right side of the abdomen and right flank and multiple small abrasions on the right arm and left knee.
Dayton police said English made statements captured by the cruiser’s in-car video, including “I want to die” and that he asked the officer, “Do you believe you go to heaven if you kill yourself?”
Dayton Police Chief Richard Biehl has said the cruiser’s camera also recorded audio of English banging his head against the right rear passenger window of the cruiser. The pounding prompted the officer to stop the car on the bridge. A moment later, the video portion shows shards of glass falling on the cruiser’s hood.
Police said the 6-foot, 210-pound English, who was handcuffed with his hands behind his back but not belted to his seat, dove out the broken window, then jumped off the bridge to his death below
“It has not been established factually that he did jump out of the window,” Greene said. “There is police audio and tape that call into question what actually happened.”
Greene said this case may not necessarily delay the wrongful death case and that Judge Frances McGee could instruct the jury that it has not been determined how he died, just that he died while in police custody.
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