‘You are going to kill me’: Family of vet killed in police altercation suing El Paso police, fire

EL PASO, Texas (KVIA) -- The family of 36-year-old U.S. veteran Michael Charles Thompson has filed a civil lawsuit against the El Paso Police Department and others. Thompson, a father of two daughters, died June 27, 2022 in the parking lot of the convenience store at 5830 Dyer in Northeast El Paso.

A Custodial Death Report issued by the Texas Attorney General's Office in August 2022 lists Thompson's manner of death as homicide, which could encompass "justifiable homicide." "Sudden Death during Law Enforcement Subdual and Restraint," is listed as the medical cause of death. The report also lists "Acute Methamphetamine Toxicity" and heart disease as "contributing" medical causes of death. Thompson is not listed as having any pre-existing medical conditions, however.

The August 2022 report states that law enforcement caused the death and lists the means of death as restraint. Thompson was officially considered to be in pre-booking police custody at the time of his death, the Custodial Death Report indicates.

An amended Custodial Death Report from October 2023, however, states Thompson caused his own death, and does not implicate law enforcement officers.

The August 2022 report also shows that police were called out on a medical/mental health assistance call and that officers did not show or use weapons. The report states that Thompson "attempted to injure law enforcement personnel," and that he resisted being handcuffed.

Early Morning at a Northeast Convenience Store

Officers were called out to the convenience store after the Attorney General's Office says he walked up to the clerk and "exhibited signs of mental distress and appeared to be experiencing visual and auditory hallucinations." He reportedly asked the clerk to call police for help.

Once officers arrived, court documents state Thompson resisted arrest.

"I had decided to place Mr. Thompson under an Emergency Detention Order because he was a possible danger to himself or others," the first officer to report to the scene explained in his official report, filed two days after Thompson's death. "This was due to the irrational way he was behaving."

The officer then explained in his report that Thompson grabbed his phone out of his pocket.

"At the time he did this, I did not know if he was attempting to retrieve a weapon," the officer stated.

As Thompson continued to resist, the report explains officers used a taser and placed Thompson in a police car.

"Medical assistance was called for the subject due to the tasing," investigators stated in the Custodial Death Report from August 2022. "While medical services were present at the scene, the subject experienced a medical episode and stopped breathing. Medical services began life saving techniques and transported the subject to University Medical Center."

Doctors at UMC pronounced Thompson dead.

An independent autopsy report requested by Thompson's family and provided to ABC-7 by their attorney states Thompson's body showed signs of restraint and positional-mechanical asphyxiation and blunt force trauma to the head, trunk, arms, and legs.

A report filed by the hospital states that Thompson suffered a cardiopulmonary arrest.

"There was some question that the patient was given Narcan but it was unclear exactly why or when or by whom it was given," the hospital report explained. "On arrival to the emergency department patient was undergoing chest compressions with a mechanical assist device."

"The patient reportedly had been in an altercation with Police in which he was tazed repeatedly," the hospital report states, referring to an EMS report. "Shortly thereafter, the patient then became unresponsive."

Family's Lawsuit

The family's lawsuit lists the defendants as El Paso Fire and Police Department, Officer Dominic Guerrero, Thomas Sneed, John Spencer, Michael Arias, Alonzo Martinez, Aaron Johnston, Sgt. Jacqueline Aguilera, Texas Tech El Paso Police Department, Chief Kyle K. Bonath, Jesus Cobos (collectively “Law Enforcement Defendants”), and Medical personnel assigned to City of El Paso Fire Department Pumper 12, Walmart, Axon Enterprise, El Paso County, and Janice Diaź-Cavalliery, M.D.

Axon is the maker of the taser reportedly used on Thompson, the family's lawsuit states. The lawsuit claims that an off-duty Texas Tech Police officer who was working security for Walmart helped EPPD officers detain Thompson. A report filed by one of the EPPD officers makes the same assertion. Walmart and the off-duty officer are therefore listed in the lawsuit as defendants.

The day of Thompson's death, ABC-7 reported that four officers had been placed on administrative leave. That information was according to an El Paso Police Department spokesperson. ABC-7 has not yet learned the names of those four officers.

The lawsuit claims that some of Thompson's last words were "you're going to kill me." The lawsuit also explains that Thompson suffered PTSD after his discharge from the military. He also experienced periods of homelessness, the lawsuit states.

"Experiencing an episode he recognized the need to call first responders to help him with the medical mental distress he was suffering," the family explained in their filing.

The plaintiffs are seeking $50,000,000 in damages.