ESCAMBIA COUNTY, Fla. (WKRG) — The State Attorney’s Office has concluded the investigation into the in-custody death of Francisco Lugo, saying they found no evidence that Escambia County deputies were criminally negligent.

On May 20, deputies received a call about a suspicious person, who ended up being Lugo. When deputies arrived, they found Lugo walking around, talking to himself erratically. According to deputies, when EMS arrived, the man had died.

Following Lugo’s death, three deputies were placed on administrative leave. The ECSO also released body cam footage of the responding/lead deputy who later separated from the agency. The deputy “did not rise to the level of Sheriff’s Office expectations,” according to their Facebook post.

The body cam footage shows the deputy shove Lugo into the back of the van. Lugo does not land on the seat and instead falls into the floorboard of the back. Lugo’s body convulses as deputies ask him to get up. Once they realize Lugo is unable to get up, he is dragged from the floorboard and placed on the ground.

One deputy can be heard asking him, “Do you want to go to jail or the hospital?”

The State Attorney’s Office found the deputies did not deliberately deny nor were they grossly indifferent to providing medical care.

The Medical Examiner determined that Lugo experienced positional asphyxia, had ingested a toxic quantity of methamphetamines and was predisposed to physical morbidity factors.

The sheriff’s office also placed the two other deputies on administrative leave and then transitioned them to an administrative assignment pending the outside investigation.

Currently, an Escambia County Sheriff’s Office Internal Affairs investigation is being conducted to determine whether deputies violated the Sheriff’s Office rules or regulations. According to ECSO, both deputies remain on administrative assignment until they finish the internal investigation.

“I expect our deputies to serve the community with a level of common sense and deceny. We have a duty to care for those in our custody and those that we engage with. While Deputy Carpenter’s actions were not criminal, he did not meet our standards and was immediately relieved of his duty as a deputy with the Escammbia County Sheriff’s Office.”

From the ESCO Facebook page

The sheriff’s office said they do not anticipate providing additional comments due to pending litigation.

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