Stanislaus County district attorney clears Modesto police officers in suspect's death
The Stanislaus County District Attorney's Office has cleared Modesto police officers in the 2016 death of a homeless drug addict who authorities say charged the officers and then fought with them as they subdued him.
Officers responded to Grantland Court, off Morris Avenue, on the evening of Oct. 24, 2016, after residents had called 911 saying the man — later identified as 33-year-old Garrett Schmidt — had been breaking into homes, appeared to be under the influence and was on a rampage.
Officers used Tasers in drive-stun mode, which involves placing the Taser against the body and delivering a painful shock, and a beanbag shotgun in their effort to subdue Schmidt.
After being handcuffed and stopping his resistance, Schmidt became unresponsive and CPR was started while he was on a gurney, according to a district attorney's office letter dated April 2 that summarizes its review of the incident.
The ambulance crew took Schmidt to the hospital. He suffered a cardiac event there, was placed on life support and later died.
"The evidence leads me to the conclusion that the officers acted lawfully under the circumstances ...," Assistant District Attorney David Harris wrote in the letter. "Schmidt had committed multiple felony offenses, violently resisted arrest and attempted to escape.
"The officers were justified in the actions they took ... . They did not use excessive force, as noted by third-party witnesses, and would have been remiss in their duties if they had allowed Schmidt to escape to continue his rampage ... . Mr. Schmidt's death, though unfortunate, was not caused by the officers and they bear no legal liability for it."
(Click here to see the letter)
The letter was sent to Police Chief Galen Carroll and Sheriff Adam Christianson. (Carroll said two deputies were on scene, but the letter makes no reference to them taking part in subduing Schmidt.)
A pathologist listed Schmidt's cause of death as a heart attack and his brain being deprived of oxygen, according to the letter. A toxicology test confirmed Schmidt was under the influence of methamphetamine and had marijuana in his system, according to the letter.
The pathologist listed the contributing factors as methamphetamine intoxication, cannabinoid abuse, coronary artery disease and struggling with the officers.
Schmidt's parents last year sued the city of Modesto, saying they had not been able to get a full accounting and answers into their son's death. The lawsuit alleged officers had used excessive force and caused Schmidt's death. The city recently settled the lawsuit for $75,000 plus the parents' legal costs.
His parents have said Schmidt had been a smart, athletic and adventuresome boy but that promise was cut short by his drug addiction.
This story was originally published April 6, 2018 at 4:52 PM with the headline "Stanislaus County district attorney clears Modesto police officers in suspect's death."