INDIANAPOLIS — A tort claim was filed Nov. 8 on behalf of Herman Whitfield III's parents, who are seeking monetary damages in the death of their son.
The complaint lists the City of Indianapolis as the defendant and Herman Whitfield, Jr. and Gladys Whitfield as the plaintiffs. Attorneys Israel Nunez Cruz, with Cruz Law Firm, and Richard A. Waples, from Waples & Hanger, are representing the Whitfields.
"Parents being right there as their son was being brutalized and having their life extinguished, was anguishing, was almost incomprehensible how this affected them," Waples said.
According to the complaint, Herman Whitfield III's parents "watched in anguish while their son was needlessly killed by several of the City’s police officers," causing emotional distress, which is actionable under the common law of Indiana and the Indiana’s Tort Claims Act.
"We're seeking compensation for their emotional harm, their pain and suffering, seeing this happen in front of them and then having that kind of trauma that they've had to live through and relive continuously," Waples said. "They've been going through counseling, they're traumatized, and it's really caused a lot of hardship on their part, so we decided to go ahead and file a separate case on their behalf."
When seeking a request for comment from the Office of Corporation Counsel, they responded, "Out of respect for the judicial process, the Office of Corporation Counsel does not comment on pending litigation."
The parents are requesting a jury trial.
Background and response from IMPD, Whitfield's family
Whitfield died April 25, 2022, after his parents called 911 for help as they believed their son was having a mental health crisis. Police tased and restrained Whitfield before he died. His death was ruled a homicide by the coroner's office.
Two months after Whitfield's death, IMPD released an edited version of the officers' bodycam footage.
The edited video did not show the time it took after Whitfield was handcuffed and became unresponsive to when paramedics began providing care.
In November 2022, Whitfield's family and lawyers asked a federal judge to release those bodycam videos in their entirety.
In mid-January, the Whitfield family won access to the videos, and the city's request for a protective order to keep the videos out of the public eye was denied.
The Whitfields shared a 22-minute-long compilation of six bodycam videos from the night Whitfield died, which they said countered IMPD's version of events.
They also said their compilation of the video, unlike IMPD's version, showed Whitfield "vulnerable, unarmed, naked, undergoing a mental health crisis."
The family said despite the disturbing nature of watching their son die in the video, they want the public to know what happened.
The video shows Whitfield retreating from officers multiple times.
"Cannot breathe. I can't breathe," Whitfield is heard saying after police tased and held him on the ground. He continues to yell "I can't breathe" multiple times while face down in the prone position as officers handcuffed him.
From the time Whitfield made his last sound, three minutes passed before paramedics arrived.
IMPD's version of bodycam video said it took paramedics three minutes to arrive. The Whitfield family's version was the first time we saw what happened in those minutes and could verify IMPD's timeline claims.
No officers appeared to check on the health of Whitfield after he became silent.
Paramedics started CPR five-and-a-half minutes after Whitfield made his last noise.
After an autopsy, the coroner ruled Whitfield's death a homicide caused by cardiopulmonary arrest in the setting of police subduing him with a prone restraint just after he was tased. The report lists morbid obesity and hypertensive cardiovascular disease as contributing conditions.
Six officers were in the home at the time: Steven Sanchez (two-year veteran), Adam Ahmad (two-year veteran), Matthew Virt (three-year veteran), Dominique Clark (six-year veteran), Jordan Bull (eight-year veteran) and recruit trainee Nicholas Mathew (with IMPD since August 2021).
2 IMPD officers charged in Whitfield's death
In April, the Marion County Prosecutor's Office announced a grand jury indicted Ahmad and Sanchez for their alleged roles in Whitfield's death. Both have been charged with involuntary manslaughter, reckless homicide and multiple counts of battery.
Sanchez is facing an additional count of involuntary manslaughter for firing a taser at Whitfield.
No charges were announced against the four other officers involved in the incident that led to Whitfield's death.
Initial hearing
At an initial hearing in April, a judge set bond for both officers at $15,000. Their jury trial is currently set to begin Jan. 23, 2024.
The officers have been ordered to have no contact with Whitfield's parents and are not allowed to have firearms outside of their homes, the judge ordered at their initial hearing.
"As you can imagine, it's a difficult process to get indicted yesterday and surrender in court today. They believe that they were following their training and acted with no illegality or criminal intent in the situation, and we hope to be able to prove that," John Kautzman, attorney for Sanchez and Ahmad, said after Friday's hearing. "Their heart has always gone out to the Whitfield family. You know, they're in the business of protecting the community. And they put their lives on the line for citizens every day. So they understand when a tragedy occurs. And the question here isn't whether or not this was a tragedy. It's a question of whether or not they are legally responsible for that death. And I think the law says otherwise, and we look forward to trial."
Responses to indictment
On Friday, the Indianapolis Fraternal Order of Police issued a statement and called on IMPD Chief Randal Taylor to make changes to response protocols.
In its statement, the FOP said it does not believe the facts of the incident support criminal charges against the responding officers, citing Whitfield's unpredictable behavior.
In addition, the FOP said IMPD should make the following immediate changes, which the FOP says will not require additional funding:
- All calls for assistance with anyone suffering a mental health crisis, including self-harm, be referred to IEMS and IFD for an immediate medical response
- Cease any law enforcement response for mental health runs, mental health disturbances, mental health crisis or mental health delirium unless a known crime or articulated threat of a crime has taken place.
Click here to read the FOP's full statement.
IMPD released the following statement in regards to the officers' indictment:
"Earlier today, Chief Randal Taylor learned the grand jury decision regarding the death of Herman Whitfield III. Chief Taylor respects the grand jury process.
As with anyone under indictment, the officers should be considered innocent unless and until proven guilty in a court of law.
The officers involved, including those indicted, remain on paid administrative duty status while the internal process continues.
Mr. Whitfield’s death was a tragedy for all involved, and our thoughts continue to be with those impacted by his loss."
The attorneys for officers Ahmad and Sanchez released the following statement in response to the indictment:
"A Grand Jury convened by Marion County Prosecutor Ryan Mears today indicted two IMPD Officers arising from an incident that occurred in the performance of their duties. These charges only represent probable cause to hold a trial and are not proof of guilt. Officers Ahmad and Sanchez have no previous criminal or disciplinary history. The merit of these allegations will ultimately be determined through due process in a court of law and we ask the public to allow that process to play out. The officers look forward to a full and fair opportunity to defend themselves in court and establish that they did not act illegally or with any type of criminal intent. We also ask that you continue to support all of the officers of IMPD as they endeavor to protect our City."