6 Jan 4th–Jan 10th, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | A Deadly Year Benjamin Austin, 58, was among 18 people who died during encounters with Phoenix police in 2023. BY TJ L’HEUREUX AND O’HARA SHIPE T he Phoenix Police Department has released video footage and other details about a 58-year- old man who died while in police custody, the 18th deadly encounter with officers this year. Benjamin Austin died on Nov. 30, a day after police arrested him in the area of 12th Way and Roeser Road so they could ques- tion him about an armed kidnapping in October. Nearly 40 minutes after sitting alone in an interview room at police head- quarters in downtown Phoenix, a detec- tive found him unresponsive. He died at a local hospital. The video footage police released on Dec. 14 is included in one of the agency’s “critical incident briefings,” which are made public after any police shooting or in-custody death. The briefings are narrated by officers and include edited compilations of body camera footage, dispatch audio and other information regarding an incident. Activists have criti- cized the department’s decision to release edited videos rather than complete footage of fatal incidents. Some 18 people have died during encounters with Phoenix police in 2023. Officers shot and killed 12 people, while some of the other deaths were not caused by officers. Austin ‘suffered a medical episode’ The released footage begins with two police officers approaching Austin outside of a Phoenix residence. One of the officers handcuffed Austin, while the other explained that there was a “girl making some accusations about something that happened between you (Austin) and her.” In the video, Austin appeared to be compliant as officers handcuffed and placed him in a squad car. According to the incident briefing, Austin complained of his handcuffs being too tight while he sat in the back of the police vehicle. Body camera footage showed an officer loosening the hand- cuffs before remarking, “I don’t think he is super ambulatory.” At this point, Austin showed signs of agitation as an officer readjusted his handcuffs, but he complied with the offi- cers’ commands. He was then taken to police headquarters on West Washington Street for questioning about the October kidnapping incident. The agency did not provide additional information about the alleged kidnapping. Austin was placed in an interview room at police headquarters where he reportedly was monitored on closed-circuit TV by detectives in another room. In the footage released by the agency, Austin leaned against a wall while breathing heavily. After 38 minutes, a detective entered the interview room and found Austin unrespon- sive, according to police. He performed CPR on Austin while the fire department was called. Austin was transported to a hospital and died Nov. 30, a day after being taken into custody. The exact cause of Austin’s death has not yet been released. In a written statement released Dec. 4, Sgt. Melissa Soliz, a Phoenix police spokes- person, said Austin “suffered a medical episode.” Soliz did not elaborate. After Austin was transported to a hospital, police said they found several blue pills underneath where he was seated in the interview room, according to the incident briefing. But police did not provide additional information or video footage linking the pills to Austin or explaining how they ended up in the room. The Phoenix police department is being investigated by the U.S. Department of Justice for its officers’ use of deadly force, among other concerns. The investigation has lasted more than two years. Chief Michael Sullivan was brought in to lead the agency in September 2022 as it dealt with the probe. Phoenix police fatal encounters in 2023 Phoenix police officers have shot and killed 12 people so far this year, and officers also were involved in six additional fatal incidents. In some of the cases, the Maricopa County Office of the Medical Examiner determined that the deaths were not caused by officers. • Jan. 3: Officers shot and killed Cosme Medina Núñez, a 46-year-old man who was holding a pair of scissors. • Jan. 7: Officers shot and killed Kenneth Hearne, 37, who was armed with a handgun. Hearne shot a Scottsdale police officer the day prior. • Feb. 11: Bryan Funk, a 40-year-old man who had just been released from prison, died after multiple officers pinned him to the ground and restrained his legs during an arrest. The medical examiner later determined that Funk’s death was the result of meth intoxication and a heart condition, according to a report obtained by New Times. • Feb. 22: Derin Holmes, 41, died of a gunshot wound. Although officers fired at Holmes, Phoenix police said the fatal wound was self-inflicted. A subsequent investigation by the medical examiner also determined Holmes died by suicide. • Feb. 22: Officers shot and killed Jason Resendez, 47, who pulled out a gun as officers approached him. • Feb. 25: Officers shot and killed Matthew Bryan Funk, 40, was one of 18 men to die this year after an encounter with Phoenix police officers. (Photo courtesy of Phoenix Police Department) | NEWS | | NEWS |
