Denver DA: No Criminal Charges In Inmate Death

DENVER (CBS4)- The Denver District Attorney announced on Thursday afternoon that no criminal charges will be filed in the death of Michael Lee Marshall, who died last fall after being in the custody of sheriff's deputies.

Michael Marshall, 50, was hospitalized on Nov. 11, 2015 after he became unresponsive when he was physically restrained by deputies. He died nine days later.

The coroner ruled Marshall's death a homicide and said he died as a result of complications related to positional asphyxia, including getting pneumonia.

Denver District Attorney Mitch Morrissey determined that no criminal charges will be filed in the case after a legal review of Marshall's case.

Morrissey released the legal conclusion on Thursday afternoon that included details of Marshall being restrained by deputies while in custody at the Van Cise-Simonet Detention Center.

A portion of the conclusion reads, "The maneuvers placing Mr. Marshall on the bench and on the floor were not aggressive or violent. It is important to note that there were no punches, kicks, strikes of any kind, or any impact force used to control Mr. Marshall throughout this incident. No choke holds or carotid restraints were used. Tasers were not used. The physical force used by the deputy sheriffs during this incident was applied by holding Mr. Marshall and by preventing him from getting up. One deputy said he pressed his knee on the back of Mr. Marshall's thigh. Another said that at one point he placed his knee just above Marshall's buttocks to control him. Pressure was applied by deputies' hands to the back of Mr. Marshall's shoulders or scapula areas. One deputy controlled his head movements but Mr. Marshall was still able to move his head from side to side. OPN devices (nunchucks) were used on Mr. Marshall's ankles."

Morrissey also offered condolences to Marshall's family, "I sympathize with Mr. Marshall's family and express my condolences for their loss. Sadly, this situation is an example of how difficult it is for society as a whole, including deputies in a jail, to handle the complex issues presented by those suffering from severe mental illness."

Marshall's family and attorney spoke at a news conference on Thursday afternoon calling for justice.

"We've seen some of the video that was provided to us and I'm angry. I'm very angry at what I saw. It's hard to imagine a more inappropriate, overzealous response by law enforcement officials," said Marshall family attorney Darold Killmer.