Columbus settles federal lawsuit claiming excessive police force led to man’s death
Just weeks before the case was set for trial, Columbus city leaders have settled a federal lawsuit over the 2017 death of Hector Arreola, who died after a police confrontation that drew claims of excessive force.
The city will pay $500,000, according to the terms of the settlement shared at Tuesday’s Columbus Council meeting. Councilors discussed the lawsuit in a 9-minute long executive session and immediately adjourned following announcement of the settlement.
One of the attorneys representing the three officers sued issued a brief statement saying council “voted to approve a settlement of all claims against the Consolidated Government and the other individual defendants in the civil lawsuit related to the arrest and subsequent death of Hector Arreola.”
The statement said Mayor Skip Henderson and the councilors “concluded that the settlement was in the best interest of the Consolidated Government, law enforcement, and all citizens of Columbus,” and they “hope this settlement promotes healing and unity in the entire Columbus community.”
A trial date of Aug. 9 was set for the suit in U.S. District Court, where Judge Clay Land rejected moves to delay the civil case as District Attorney Mark Jones pledged to seek criminal indictments against Officers Michael Aguilar, Brian Dudley and Aaron Evrard.
Jones appointed Columbus attorney Christopher Breault as a special prosecutor in the Arreola case, with the aim of presenting evidence to a grand jury.
Jones referred any questions about that to Breault, who sent out a statement Wednesday saying he would “fully investigate” Arreola’s death: “As directed by the district attorney, I am going to use every power necessary to investigate and present the case to the grand jury,” he wrote in an email.
On behalf of Hector Arreola’s family, attorney Mark Post issued this statement Tuesday: “The Arreola family is pleased that this matter has been resolved and hopes that this resolution can provide a measure of healing for the community. The Arreola family considers this civil matter closed.”
The settlement agreement that Arreola’s father Rodrigo Arreola signed July 9 says $490,000 will go to the guardian of Hector Arreola’s young child, and $10,000 will go to his estate, as managed by Rodrigo Arreola.
The agreement maintains the police officers did nothing wrong, and says the city offered the settlement without their consent. The officers “expressly deny any and all liability, responsibility and potential liability,” and the settlement “shall not be construed as an admission of liability,” the agreement states.
The arrest
At 3:40 a.m. on Jan. 9, 2017, Arreola called police to check on his mother at her Moss Drive home. He called back at 4:55 a.m., and was in his car outside his mother’s home when Aguilar and Dudley came back to the house.
When he became paranoid and started knocking on a neighbor’s door, the officers tried to arrest him, initiating a struggle that led to their handcuffing him face down and pressing on him as he writhed and cried out. He went into cardiac arrest en route to the hospital, where he was pronounced dead the next day. He was 30 years old.
The lawsuit alleged the cardiac arrest resulted from brain damage caused by the force the officers used in restraining him.
Though Officer Evrard was not involved in the initial struggle, he helped Aguilar restrain Arreola later as Dudley left to get leg shackles.
The evidence in the civil trial includes body camera video and depositions from the officers and from Arreola’s mother, who witnessed the arrest.
Excessive force?
In recounting the evidence in a court ruling, Land wrote that officers began struggling with Arreola at 5:25 a.m., before pinning him face down. They got handcuffs on him at 5:29 a.m., and Evrard arrived a minute later, taking Dudley’s place.
Land found that in four minutes and 27 seconds, Arreola said he could not breathe 16 times. After applying handcuffs, the officers remained on his back for two minutes and 14 seconds, Land determined.
Any force the officers used after Arreola was handcuffed and stopped resisting is excessive, under the law, Land wrote.
“The ultimate question ... is whether there is enough evidence in the record from which a reasonable jury could conclude that Hector ceased resisting when he was handcuffed,” Land wrote.
The lawsuit was filed by Arreola’s parents, Rodrigo and Concepcion Arreola, and their son’s child, a minor identified only as “S.A.”
The suit sought compensation for medical and funeral expenses, attorneys’ fees, the value of Hector Arreola’s life, and any other award a jury deems justified.
The three officers were sued individually, though the city paid for their defense.
Attorney Jim Clark represented Aguilar; Pete Temesgen represented Dudley; and Neal Callahan represents Evrard. All three officers still are employed with the police department.
Staff writer Nick Wooten contributed to this report.
This story was originally published July 13, 2021 at 1:46 PM.