Daly City Police Not Criminally Charged In Man's Death

DALY CITY (CBS SF) -- Three Daly City police officers who were involved in a physical struggle early this year with an erratic man who died during the struggle didn't break any laws and their use of force was justified, according to the county district attorney.

Officers Bruce Perdomo, Nicholas McCarthy and Corey Shoopman responded to an address in the 900 block of Brunswick Street around 11:20 p.m. Jan. 16 on report of a man who was "tripping out" on drugs.

Warren Ragudo, 34, was being held down by his father and uncle and officers attempted to restrain him.

He was resisting, however, so Perdomo used a Taser stun-gun on the decedent's lower back.

After two five-second shocks, Ragudo stopped struggling, but he also stopped breathing. He was pronounced dead a little after midnight.

"This unfortunate result was not intended by the officers, nor could they have foreseen such a tragic outcome from the use of a non-lethal force," District Attorney Steve Wagstaffe said Tuesday in a letter to Daly City Police Chief Patrick Hensley.

"Their conduct was reasonable and justifiable based on the decedent's violent conduct that evening," Wagstaffe added.

An autopsy revealed that Ragudo died of cardiopulmonary arrest due to a combination of "agitated delirium, physical exertion, prone restrain and stun gun applications while under the influence of methamphetamine toxicity."

A toxicology report indicated that he had a "potentially toxic level" of meth in his system at the time of death, according to Wagstaffe.

Wagstaffe found that the officers did not engage in any criminal conduct, and said that no charges will be filed against them.

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