The family of an East Bay man who died after being restrained by police back in 2020 is now challenging his cause of death.
Family and friends of 30-year-old Angelo Quinto are challenging the Contra Costa County coroner's determination that Quinto's death was an accident caused by "excited delirium." The family and their attorney are arguing that Quinto died "as a consequence of restraint asphyxiation while being restrained by several Antioch police officers."
"Ultimately, what we have here folks is an un-American process where they are arguing that the sheriff coroner in this county, because he plays the role of both sheriff and coroner, is beyond reproach and beyond the law. He is the ultimate law of the land," said Robert Collins, Quinto's stepfather.
Quinto died after being restrained by Antioch Police Department officers during a mental health crisis.
The county filed a motion to dismiss the challenge in court on Friday. However, Ben Nisenbaum, attorney for Quinto’s family, argued that the cornores inquest was botched and that evidence was excluded.
"The coroner who testified at the coroner's inquest hearing had put in his coroner's report that restraint asphyxia was a possible contributing factor. But that was not made available to the coroner's inquest jury," Nisenbaum said.
California banned excited delirium as a cause of death last year after Quinto's family fought to prevent the terminology. The family said it blamed the victims for their deaths.
Quinto's family is now calling for all cases that previously used the term to be re-opened.
"This is clearly a cover-up that's been opened up. This is really what it means. I hate to speak in such simple terms, but debunking the term that's been used to cover up deaths," Collins said. "It's really opening up the gates for saying, "Okay, we got you. You were covering up deaths."
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
The family also urges the court to separate the sheriff's office and corner into two independent departments.
Quinto's family settled with the City of Antioch for $7.5 million earlier this year.
The Contra Costa Sheriff's Office did not immediately respond to NBC Bay Area's request for comment.
A judge will now decide if the cause of death challenge can proceed, which lawyers said can take a few weeks.
