The cell phone video from the David Silva in-custody death was finally released Monday afternoon. It comes with new details of another lawsuit planned against the Sheriff's department.
Attorney Daniel Rodriguez is representing six people who saw the confrontation between David Silva and Sheriff's deputies. He says two of them recorded the struggle and were then held hostage in their home by deputies. Rodriguez says he will now file a civil lawsuit in federal court against the Sheriff's department.
In the cell phone video, it appears David Silva is yelling and moaning, as deputies hold him down on the ground just minutes before he died at Kern Medical Center.
The tense moments were all caught on cell phone video by a group of eyewitnesses.
"Now they are giving him CPR because he's passed out. There was ten cops on him and now the guy stopped breathing."
"Now they are trying to revive them after like five minutes of standing over him."
It appears Silva continues to cry out before he is placed on a stretcher into the back of an ambulance. Silva died less than an hour later.
Eyewitnesses say deputies used excessive force but the sheriff's department tracked them down to this apartment and seized their cell phones.
"The Sheriff's Department basically held a family hostage for trying to do the right thing. There is the right way, the legal way to gather evidence and there is the wrong way to gather evidence," said attorney Daniel Rodriguez.
Rodriguez, who represents the eyewitnesses, says deputies took one cell phone and made them stay inside for eleven hours while they obtained a search warrant for the second one.
"Our job is to seize evidence and, in this particular case, I felt and still feel that it is critical to have every piece of evidence we can so that we can come to the conclusion of the truth because that's what we represent," said Sheriff Donny Youngblood.
Eyewitnesses say they captured the confrontation on two cell phones but authorities say they can't find the video of deputies striking Silva with their batons.
"We know that she took that video because here are two frames from the video. You can see Maria Melendez holding up her phone filming," said Rodriguez. Rodriguez is talking about a shot in the video but you can't tell if the person is recording a video or taking a picture. "Is it just a coincidence that the most incriminating video clip is missing?"
This is not the first conflict with law enforcement for four out of the six eyewitnesses.
Maria Melendez has a criminal history dating back to 1988. That includes four drug convictions, two DUI convictions, and a hit-and-run conviction.
Melissa Quair has seven separate cases dating back to 2002 including convictions for welfare fraud, cashing bad checks, three counts of driving without a license, and two counts of driving on a suspended licensed.
Sulina Quair's criminal history dates back to 1997 and includes convictions for welfare fraud, burglary, two counts of driving without a license, two counts of driving on a suspended license, and DUI.
Francisco Arrieta's criminal record dates back to 2001 and includes a weapons conviction, DUI, three counts of driving on a suspended license, and hit and run.
Silva also has one conviction. He pleaded no contest to a misdemeanor charge of disturbing the peace in 2008.
Attorney Daniel Rodriguez is representing six people who saw the confrontation between David Silva and Sheriff's deputies. He says two of them recorded the struggle and were then held hostage in their home by deputies. Rodriguez says he will now file a civil lawsuit in federal court against the Sheriff's department.
In the cell phone video, it appears David Silva is yelling and moaning, as deputies hold him down on the ground just minutes before he died at Kern Medical Center.
The tense moments were all caught on cell phone video by a group of eyewitnesses.
"Now they are giving him CPR because he's passed out. There was ten cops on him and now the guy stopped breathing."
"Now they are trying to revive them after like five minutes of standing over him."
It appears Silva continues to cry out before he is placed on a stretcher into the back of an ambulance. Silva died less than an hour later.
Eyewitnesses say deputies used excessive force but the sheriff's department tracked them down to this apartment and seized their cell phones.
"The Sheriff's Department basically held a family hostage for trying to do the right thing. There is the right way, the legal way to gather evidence and there is the wrong way to gather evidence," said attorney Daniel Rodriguez.
Rodriguez, who represents the eyewitnesses, says deputies took one cell phone and made them stay inside for eleven hours while they obtained a search warrant for the second one.
"Our job is to seize evidence and, in this particular case, I felt and still feel that it is critical to have every piece of evidence we can so that we can come to the conclusion of the truth because that's what we represent," said Sheriff Donny Youngblood.
Eyewitnesses say they captured the confrontation on two cell phones but authorities say they can't find the video of deputies striking Silva with their batons.
"We know that she took that video because here are two frames from the video. You can see Maria Melendez holding up her phone filming," said Rodriguez. Rodriguez is talking about a shot in the video but you can't tell if the person is recording a video or taking a picture. "Is it just a coincidence that the most incriminating video clip is missing?"
This is not the first conflict with law enforcement for four out of the six eyewitnesses.
Maria Melendez has a criminal history dating back to 1988. That includes four drug convictions, two DUI convictions, and a hit-and-run conviction.
Melissa Quair has seven separate cases dating back to 2002 including convictions for welfare fraud, cashing bad checks, three counts of driving without a license, and two counts of driving on a suspended licensed.
Sulina Quair's criminal history dates back to 1997 and includes convictions for welfare fraud, burglary, two counts of driving without a license, two counts of driving on a suspended license, and DUI.
Francisco Arrieta's criminal record dates back to 2001 and includes a weapons conviction, DUI, three counts of driving on a suspended license, and hit and run.
Silva also has one conviction. He pleaded no contest to a misdemeanor charge of disturbing the peace in 2008.