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Death of man who fought police ruled a homicide

An autopsy says he died of asphyxia but does not comment on the role of the police officers involved.

By JACOB H. FRIES
Published May 20, 2006

CLEARWATER - The death of a 34-year-old Tampa man who was handcuffed, Tasered and restrained face-down by three police officers in April has been ruled a homicide, according to an autopsy report made public Friday.

Thomas C. Tipton, who went limp after struggling with police April 5, died of asphyxia, a lack of oxygen usually caused by an interruption of breathing that leads to unconsciousness, the report said. Cocaine and alcohol were listed as "contributory" conditions.

The report made no comment on what role, if any, the police officers played in Tipton's death. Because of a continuing criminal investigation, the Medical Examiner's Office would not elaborate on the autopsy's findings, except to say the Taser was not a factor.

The autopsy also did little to address questions surrounding the medical care Tipton received. Paramedics treating him tried at least twice to shock him with a defibrillator, but were unable to do so because the unit's batteries were dead.

"(The autopsy report) raises as many questions as it answers," said Christopher P. Jayson of Cohen, Jayson & Foster, which is representing Tipton's family. "It doesn't tell you how or what caused the asphyxia."

Jayson said he had seen nothing to suggest an object had blocked Tipton's throat, leading him to conclude that police were sitting on his chest or that his neck had been forced closed or crushed. "He had bruises all over his body," Jayson said.

Assistant State Attorney Bob Lewis, who is investigating the case, would not comment Friday on the criminal inquiry.

A Clearwater Police Department review board ruled this week that the three officers involved in restraining Tipton had followed all policies and procedures, department spokesman Wayne Shelor said. The board had received a copy of the autopsy before making its decision, he said.

Shelor would not say what caused Tipton's asphyxia, referring those questions to the medical examiner.

Toxicology tests showed Tipton had marijuana and cocaine in his system and his blood-alcohol level was .227 percent, more than twice the level at which Florida law presumes a person to be impaired.

Tipton's fight with police started about 11:30 p.m. April 5 at the Tropic Isle Motel on north Clearwater Beach.

Residents had called 911 when Tipton, a staffing firm manager, walked into the motel courtyard, knocked over several patio chairs and broke jalousie windows, police said.

When officers tried to subdue him, Tipton kicked and punched at them while shouting expletives, police and witnesses said. Officers shocked him with a Taser twice and got his hands in cuffs with his arms behind him, police said.

The officers and Tipton, who weighed 270 pounds, then fell to the ground in the struggle, police said. Face-down, while being restrained by the three officers, Tipton continued to resist, they said.

Minutes later, Tipton went limp.

Paramedics, who already on the scene after responding to a call, initially treated Tipton before he was transported to Morton Plant Hospital. He was pronounced dead at 12:28 a.m.

[Last modified May 20, 2006, 02:13:52]