Riverside County and the family of a man who died in custody in 2020 have reached a $7.5 million settlement, an attorney for the family said.
Christopher Zumwalt, a 39-year-old construction worker who specialized in kitchen remodeling, was arrested in October 2020 by the Riverside County Sheriff's Office.
At the time, “he was temporarily separated from his girlfriend and was upset,” said John Burton, an attorney who represented Zumwalt's three children, “and he did methamphetamine, which was not typical for him.”
A neighbor called police after Zumwalt had an adverse reaction to the drug. When he was arrested, “he cooperated fully with police,” Burton said.
Sheriff's Office video shared with the Times by Burton confirmed that Zumwalt was cooperative during his arrest and booking at the Larry D. Smith Correctional Center in Banning.
While they took his fingerprints, Zumwalt was left sitting unrestrained on a bench and he complied with the officers' commands, the video shows.
He was then placed in a sober cell, at first with another inmate and then alone, for more than 10 hours, during which he “became psychotic,” according to Burton.
In the video, Zumwalt screams, slams the cell door and strips naked. At one point, he reached into the bathroom, “thinking there was money in there,” Burton said.
A nurse wanted to do a medical evaluation, but the rampaging inmate was too agitated. Authorities called in an emergency response team of a dozen officers wearing helmets and gas masks.
The video shows officers throwing tear gas canisters and a stun grenade into the cell as Zumwalt screams. As officers enter the cell, they can be seen throwing Zumwalt to the ground in the smoke-filled room.
Officers Tasered Zumwalt in a struggle that lasted several minutes before subduing him and placing him in a restraint chair with a blanket over his head and a towel over his bare abdomen.
The restraints were too tight, preventing him from breathing freely, according to Burton. Officers took Zumwalt to another cell, closed the door and left him there alone for nearly 10 minutes before entering the room and finding him unconscious, the video shows.
Paramedics were able to revive Zumwalt, but he had suffered “too much cardiac downtime and too much brain damage,” Burton said. He was put on life support and he died two days later.
Zumwalt's family knew nothing about the incident until they discovered he was in a coma in a hospital, according to Burton. The county told them he had had a medical emergency in jail.
Eventually, the family obtained reports from the county indicating that force had been used on Zumwalt. They hired attorneys who were able to obtain body cameras and jail videos from the Sheriff's Office.
The videos “are so powerful and tell such a clear story that that's what influenced the defense to settle,” Burton said.
Riverside County Sheriff Chad Bianco said the blame lay entirely with Zumwalt.
“The facts of this case clearly show that our officers' actions were appropriate and legal,” Bianco said. “Mr. Zumwalt's actions while he was suffering from methamphetamine-induced psychosis caused his death. The fights with the deputies, forced to do his job, increased his already overloaded circulatory system.
The county's decision to pay Zumwalt's family $7.5 million is also not a rebuke to his aides, Bianco said.
“The settlement in this case is irrelevant and is solely a business decision between attorneys, insurance companies and county risk management,” Bianco said. “It in no way reflects the facts of the case or indicates irregularities on the part of the agents.”
Zumwalt's death was part of a rise in in-custody jail deaths in Riverside County, Burton said, which is why the county's legal problems continue.
In February 2023, the state attorney general opened a civil rights investigation into the Riverside County Sheriff's Office amid allegations of excessive force against detainees and inhumane jail conditions.
2022 was the deadliest year in Riverside County jails in more than two decades, Atty. Gen. Rob Bonta said at a news conference where he announced the investigation.
“It is time for us to shine a light on the Riverside County Sheriff's Office and its practices,” Bonta said. The investigation into him is ongoing.