Attorney Wants Warren Surveillance Footage Of In-Custody Death

Cell phone video taken from the scene of an arrest that resulted in an in-custody death could provide clues into what happened, according to an attorney for Luis Rodriguez's family.

Wednesday, February 26th 2014, 6:21 pm

By: News 9

Attorney Wants Warren Surveillance Footage Of In-Custody Death

Cell phone video taken from the scene of an arrest that resulted in an in-custody death could provide clues into what happened, according to an attorney for Luis Rodriguez's family.

Rodriguez died after police handcuffed him outside the Warren Theater. Rodriguez's wife, Nair Rodriguez, frantically recorded part of the incident as police gained control of him.

The Rodriguez family was at the movies when Nair slapped her daughter during an argument in the parking lot. Moore Police Chief Jerry Stillings told News 9 that his officers asked for Rodriguez's identification, but he did not comply.

Attorney Michael Brooks-Jimenez released the cell phone video to News 9.

"There is something, I think in the beginning of the video where someone says, ' I can't breathe.'"

It's unconfirmed at this point, but Michael Brooks-Jimenez thinks it may be Luis Rodriguez.

Chief Jerry Stillings said he stands by the officers' actions, including the use of pepper spray.

"He was uncooperative. He tried to leave and took an aggressive stance," said Stillings at a press conference. "I didn't see anything inappropriate on the cell phone video."

Brooks-Jimenez, however, questions the officer's actions.

"He had abrasions to his eyebrows, abrasions to his nose, and some other things that makes sense and would be consistent with the video."

The Rodriguez family told News 9 after the incident that police went too far.

"They pushed him to the ground, and that's when five guys got on top of him beating him ruthlessly," said Lunahi Rodriguez, Luis' daughter.

Brooks-Jimenez believes more answers will come on the security footage from the parking lot.

"At this point, we've asked the warren theater for a copy of the video. We asked the Moore police department for a copy of the video, and both are unwilling to provide a copy to us."

Brooks-Jimenez also tells News 9 they've requested medical records from the hospital, the ambulance and the medical examiner's office. The ME's office said it could take up to two months before toxicology results were made available.

The Oklahoma State Bureau of Investigation has taken over the investigation into what happened outside the Warren Theater.