Family Awarded $2.5 Million Settlement After Man Dies in Police Custody
Juan Restrepo, 73, died of cardiovascular disease after being mistakenly arrested for drunk driving.
The family of Juan Restrepo, a 73-year-old church handyman, will receive a $2.5 million settlement after he died in custody following a mistaken arrest for drunk driving. Restrepo died of atherosclerotic and hypertensive cardiovascular disease, according to the New Jersey's Office of the Attorney General.
In June 2020, Restrepo was approached by Newark Police Department officers Lorenzo Orsi and Lucfred Petion. The officers had received a report of an intoxicated man in a car. Restrepo was found in the front seat of a rental car with its hood damaged and airbags deployed.
Restrepo was taken into custody and transported to Newark Penn Station. New Jersey Transit police attempted to administer a breathalyzer test, but were unable to obtain a reading. Body camera footage cited by NJ.com shows Restrepo screaming in pain and being carried by his arms and legs by officers, as he was unable to walk.
Officers arrested Restrepo for his failure to complete the breathalyzer test. While being walked to a police car to be taken to the precinct for processing, Restrepo collapsed. He remained on the ground handcuffed and in pain, unable to stand, according to the body camera footage. Officers were heard on the footage remarking on his inability to move, with one saying, "C’mon Juan, stop playing around," and another stating, "It’s like dead weight."
Restrepo's wife, Rocio Restrepo, arrived at the hospital to find her husband had died. The lawsuit filed by Restrepo's family alleged that the officers' "deliberate indifference to Mr. Restrepo’s deteriorating medical condition" prevented him from receiving life-saving care. Attorneys for the family stated that the body camera footage showed Restrepo's condition worsening over several hours in a way that clearly indicated a need for medical attention.
Newark has agreed to pay $1.75 million of the settlement, and New Jersey Transit will pay $750,000. Restrepo was a sexton at Christ Church in Summit, New Jersey, for 20 years and was remembered fondly by church members.