BREVARD COUNTY, Fla. — The family of a man who died after a confrontation with West Melbourne police officers inside a Publix plans to file a wrongful death lawsuit against the department, Channel 9 learned.
Donald Whitmer Jr., 45, of Palm Bay, died last week. Police were called to the Publix on West New Haven Avenue on May 21 for a report of a man “acting erratically.”
Whitmer was asked to leave the store, but then came back, so police were called a second time. Police said he was being uncooperative and an altercation ensued.
Cellphone video from witnesses shows officers using a Taser on Whitmer before one of the officers takes him to the ground. The officer's arm appears to wrap around Whitmer’s neck.
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“He didn't commit any crime, he didn't threaten anyone, there was no trespassing, there was no danger to anyone in Publix. So there was no reason to keep him out of the store,” said attorney John Vernon Moore.
Police said a preliminary autopsy showed Whitmer had “no gross trauma” to his neck.
Whitmer's family claims a medical examiner has not released any findings.
Police described Whitmer's behavior as erratic and said there was an altercation before he was shocked by a Taser, taken down and placed in the tactical hold. Whitmer became unresponsive and later died.
“We're unaware of any sort of medication, or any pre-existing medical conditions,” said Moore.
Whitmer's family is planning an independent autopsy and Moore is in the process of formulating a civil case for wrongful death.
“Regardless of any health implications he may have had, the reaction of the officers was not congruent to Mr. Whitmer's behavior,” said Moore.
Moore said police were called after Whitmer questioned his receipt. A store manager described Whitmer as confused. Whitmer left once, but asked a female officer to return to use the restroom, Moore said. He also said Whitmer wanted to make an apology.
“The family deserves justice, they deserve a full and thorough investigation of what occurred,” Moore said
Officers Jacob Mathis and Kevin Krukoski were placed on administrative leave pending the results of a Florida Department of Law Enforcement investigation.
WATCH: West Melbourne officers' takedown of man before he died
Cox Media Group
