A 46-year-old father of six died in police custody last week after authorities said he experienced a medical emergency, following a physical encounter with several officers from the Fullerton Police Department. The family of Jose Luis Naranjo-Cortez, who they say struggled with mental health issues, has now accused police of using excessive force.
Mary Naranjo-Cortez, 47, who said she is seeking legal assistance to file a claim against the city — believes officers used “unnecessary excessive force” that caused her brother’s death.
“They beat him and placed a bag over his head,” she said.
Police said Naranjo-Cortez was seen holding a smoldering cardboard box when he was approached by an officer at Lemon Park after park closing hours in Fullerton on April 20 around 12:31 a.m. The 46-year-old was described as erratic and uncooperative in a department news release. Police said the man physically resisted officers as they attempted to gain control over him and additional units were requested.
Authorities said it took several officers to control Naranjo-Cortez and place him in restraints. One officer was treated by paramedics after being bit in the arm, officials said. At some point after being restrained, the man displayed signs of a “medical emergency” and was hospitalized, where he was later pronounced dead. His official cause of death has not been released by the coroner’s office.
According to family members, Jose suffered from schizophrenic episodes and was unable to keep up with his medication after he became homeless in November. His sister said Jose, their mother and younger brother Miguel were displaced at that time from a Fullerton residence near Lemon Park after the landlord issued a 60-day notice to the family for remodeling and personal use of the property.
Mary Naranjo-Cortez, who is from Fullerton, asked why a mental health professional wasn’t called to the scene. She said neither the police nor the hospital would tell her what happened to her brother.
“My brother wasn’t aggressive like that, when it came to authority he would ‘submit’ right away,” she said. “He was struggling the last couple of years with his mental health, but this was a person who was loved.”
Another sibling, Miguel Naranjo-Cortez, 40, said he witnessed a portion of his brother’s encounter with police, and when he reportedly tried to intervene, was subsequently arrested for resisting arrest and entering a park after closing hours.
Police confirmed the 40-year-old was arrested on those charges but did not disclose additional details.
Miguel said he spoke with Jose and left the park on his bike, only to return less than 10 minutes later after he saw multiple police vehicles speed past him toward Lemon Park where he last saw his brother. He passed a row of parked police cars and approached a group of eight to 10 officers he alleged were “stacked on top” of Jose, who laid underneath, either on his back or partially on his side.
Additional officers reportedly formed a circle around the others, who he said had their knees placed on top of his brother’s body. He said his brother’s face appeared bruised and puffy. He asked the police, “What are you guys doing to him?” and said several officers got up, rushed, and tackled him to the ground. When they got off him, he said his brother looked like he had a chance to breathe, and described seeing him weakly reach towards his rib area and cry out in pain.
After he was placed in a patrol car, Miguel said he began to yell and scream after he saw police put a spit bag on his brother’s head. He was reportedly moved to a separate car, which faced the opposite direction, and taken to jail shortly after.
Miguel did not agree with the police account that his brother was seen holding a smoldering cardboard box. He recalled seeing a “tiny” pile of ash when he returned but said he did not see Jose with anything that would resemble a cardboard box before he left.
In recent years, court records show Jose had pleaded guilty to misdemeanor counts of possession of paraphernalia and being under the influence of a controlled substance.
The Fullerton Police Department declined to respond to the family’s allegations. In a statement, department spokeswoman Kristy Wells said as is standard practice with all critical incident uses of force, relevant video footage, photos, and audio recordings associated with this in-custody death will be released within 45 days of the death.
A candlelight vigil was held Sunday, April 27 at Lemon Park on 701 South Lemon Street in Fullerton. The family of Naranjo-Cortez has also launched a GoFundMe to help cover funeral expenses.