DETROIT (AP) — An expert in the use of force defended the tactics of security guards who restrained a man on the floor of a Detroit-area mall before he died, telling jurors Friday that their actions were reasonable.
Charles Key testified for the defense at the trial of three of the guards for involuntary manslaughter in the death of McKenzie Cochran at Northland Center more than 10 years ago.
Cochran, 25, who had an enlarged heart, repeatedly said, “I can’t breathe” while face down, according to witnesses. He died of asphyxiation.
“It doesn’t affect my overall opinion,” said Key, a consultant and former Baltimore police supervisor who trains police in the use of force. “If he’s talking it means he’s breathing. He may not be breathing well. Resisting aggressively — that also can’t be done without taking oxygen.”
The confrontation in 2014, recorded on video, began when a jewelry store owner called security to report that Cochran had said he wanted to kill somebody. He refused to leave the mall and was pepper-sprayed by a guard.
The conflict soon involved five guards, all trying to restrain Cochran while one attempted to handcuff him. It was later determined that he was not armed.
“This guy presented a serious threat from the information they had,” Key said. “All they’re trying to do is handcuff. They don’t use any other force other than the initial pepper spray.”
Cochran’s death was classified by the medical examiner as an accident in 2014, and the Oakland County prosecutor did not pursue charges, partly based on Key’s opinion about the confrontation. Michigan Attorney General Dana Nessel reversed course in 2021 and filed charges.
John Seiberling, Gaven King and Aaron Maree are accused of gross negligence. Another of the guards pleaded guilty last week in anticipation of only 90 days in jail. The guard who led the encounter with Cochran died in 2017.
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