My nephew’s death shows why California needs a statewide ban on police chokeholds

An NYPD officer held Eric Garner firmly in a chokehold with multiple other officers pinning him, despite the fact that Mr. Garner repeated the words “I can’t breathe” 11 times while lying face down on the sidewalk.

Mr. Garner was pronounced dead approximately one hour later, and “I can’t breathe” became a nationally recognized chant and hashtag in the movement for police accountability.

But for me, “I can’t breathe” is much more than a rallying cry. As they were for Eric Garner, these three words were also the last words of my nephew as he was choked and killed by Anaheim police officers four years ago. I am the aunt of Fermin Vincent Valenzuela Jr., a devoted father who died when he was only 32.

Assembly Bill 1196, authored by Assemblymember Mike Gipson, is lifesaving legislation that would ban chokeholds and carotid artery restraints and will prevent the dangerous practice that killed my nephew, Eric Garner, George Floyd and so many others.

Chokeholds are a law enforcement use of force in which direct pressure is applied to a person’s trachea or windpipe to restrict oxygen or blood flow. Carotid restraints, one of the most commonly used strangleholds, involves a police officer applying pressure on either side of the windpipe — but not on the windpipe — to slow or stop the flow of blood to the brain via the carotid arteries. Police Departments in several major cities such as Sacramento, San Diego and San Francisco have already taken steps to prohibit their use, but statewide policies regarding neck restraints vary greatly between both departments and agencies, resulting in a lack of accountability for the officers and the agencies who use them.

On July 2, 2016, my nephew went into a local laundromat. After a few minutes, two officers arrived. They approached my nephew and told him to put his hands behind his back. The officers forced him to the ground and began applying deadly carotid restraints. My nephew didn’t commit a crime when police approached him. Officers escalated to lethal force when no one’s life was in danger. On the video you can see my nephew was wheezing and having a hard time breathing. Sergeant Daniel Gonzalez repeatedly directed Officer Wolf to “hold that choke.”

The officers choked Vincent for 2 1/2 minutes and used the chokehold more than twice in 24 hours — which is in violation of policy. As they were choking my nephew from behind, they broke a bone in his neck. The officers also ignored numerous signs that my nephew was having trouble breathing. On the video you can hear him say, “Stop. I can’t breathe. Somebody please help me.”

After five days of trial, a civil court jury returned a verdict in favor of my nephew’s two children and awarded them $13 million. They found the city of Anaheim was liable, the officers used excessive force, committed battery and were negligent in my nephew’s death. Unfortunately, these officers are still on the force in Anaheim, California.

For the last four years, I have shared my nephew’s story and fought to end this deadly practice. I am a part of a coalition in San Diego and we recently banned chokeholds in the city and county.

We miss my nephew every single day. He loved family gatherings and was a very lovable, funny person. He loved his children. He always wanted to bring us all together. My nephew’s children are 14 and 9-years-old now and they are both receiving counseling.

Chokeholds and carotid artery restraints are deadly, horrific and preventable.

I don’t want any family to have to go through what my family has endured. It is essential that we pass AB 1196. In my nephew’s words — “Somebody please help me.” It’s long overdue for the State of California to help and protect its most vulnerable residents.

This story was originally published August 27, 2020 at 5:00 AM.