Illinois prosecutor clears Aurora officers of wrongdoing after man's in-custody death

AURORA, Ill. - Kane County State’s Attorney Jamie Mosser has cleared Aurora police officers of wrongdoing in the death of a 30-year-old man who became unresponsive while being treated by paramedics after a call to a gas station earlier this year.

What we know:

Mosser announced Wednesday she had completed her review of the March 30 death of Irving Martinez and found no wrongdoing by the Aurora police officers involved.

According to investigators, officers were called to the Speedway gas station at 948 N. Farnsworth Ave., where they found Martinez inside a bathroom, "screaming and acting erratically." The toilet had been pulled from the wall, flooding the floor with water.

Martinez reportedly gave officers his name and told them he had taken cocaine that was "probably laced." He appeared overheated and asked for water, which officers gave him. He drank some of it and poured the rest on himself.

Officers tried to calm Martinez, but he remained highly agitated, splashing water from the floor onto himself and continuing to yell, according to authorities.

Paramedics arrived and officers tried to move Martinez from the bathroom to the ambulance, but he reportedly resisted. Believing Martinez was a danger to himself and others, paramedics administered two rounds of a sedative seven minutes apart.

After the second dose, Martinez was moved onto a stretcher and handcuffed before becoming unresponsive a few minutes later, investigators said. The handcuffs were then taken off and paramedics performed CPR. He was then taken to a hospital where he died.

Authorities said the Kane County coroner conducted an autopsy and found he died of cocaine toxicity and hypertensive cardiovascular disease being a significant contributing factor.

What they're saying:

"Based on a review of the evidence, the Aurora officers had probable cause to arrest Martinez and attempted to de-escalate the situation using the proper amount of force. Officers prioritized the medical issues presented," Mosser said in a statement.

"In addition to attributing Martinez’s death to cocaine toxicity with hypertensive cardiovascular disease as a significant contributing factor, the pathologist opined that the restraint used by the Aurora Police or Fire Departments did not exacerbate or contribute to the death of Martinez. The officers followed every relevant policy of the Aurora Police Department and the Illinois State Statutes. My review of the officer-involved death pursuant to 50 ILCS 727/1-10 is now considered closed. There is no evidence or indication that any police officer committed any unlawful acts or failed to follow any policy or the law.

"Thank you to the Major Crimes Task Force for their diligent and thorough work on this investigation. I would also like to thank the Aurora police officers for their work on that day and every day that they serve the people of this community. Lastly, I acknowledge the tragic loss of Mr. Martinez and extend my condolences to his family."