Family seeks $1 million after man who said he could not breathe died in Bellingham police custody
The son of a 49-year-old man who died while in Bellingham police custody in March 2018 has filed a million-dollar claim with the city over his father’s death.
Joshua Eldard filed a claim March 15 with the city of Bellingham seeking $1 million in damages for the death of his father, Robert Raymond Eldard, also known as Robert Gagnon, according to documents obtained by The Bellingham Herald.
Generally under Washington state law, a claim for damages has to be filed before a lawsuit can be filed against the state, a county or city, according to the Bellingham City Attorney’s Office.
As of Thursday, April 29, the city had not yet responded to Joshua Eldard’s claim.
“The city is still within the statutory time frame to respond to this claim. The city will respond, as it does with all claims, but has not done so yet,” according to Shane Brady, a senior assistant city attorney.
The city has 60 days to respond to claims, Brady said.
In the claim filed with the city, it says less than eight minutes transpired from the time Robert Eldard was restrained on the ground by Bellingham Police officers to the time he lost consciousness. Robert Eldard’s death certificate stated he “suffered a ‘sudden loss of consciousness following non-traumatic altercation with law enforcement,’” according to the claim.
The Whatcom County Medical Examiner said cardiac complications caused by acute methamphetamine use led to Robert Eldard’s death. His death was ruled accidental, according to previous reporting in The Bellingham Herald.
The claim for damages states that Robert Eldard had trouble breathing and died while in police custody “due to oxygen deprivation resulting from the use of force applied by Bellingham Police Officers.”
“Mr. Eldard’s death was unnecessary. Video evidence establishes that while Mr. Eldard indicated he could not breathe, three police officers continued to detain him on the ground, handcuffed, until he lost consciousness. Instead of immediately rendering aid, the officers did not notice Mr. Eldard’s condition, and he died,” according to a statement provided by Dan Fiorito, the Eldard’s attorney, on behalf of Robert Eldard’s family.
“Mr. Eldard’s son Joshua does not want to see this happen to anybody ever again. The videotaped encounter is tragic. Joshua hopes that by bringing this claim forward, future police encounters resulting in death can be reduced. It is unfortunate that Mr. Eldard was homeless and struggled with addiction. However, his station in life did not excuse the actions of the Bellingham Police Department,” Fiorito’s statement said.
Robert Eldard’s death
Bellingham police were called around 11:37 p.m. on March 14, 2018, to the Drop-In Center, a former emergency homeless shelter at 1013 W. Holly St. in Bellingham, for a man who was exhibiting signs of mental and medical crises and appeared to be suffering from delusions and paranoia, according to previous stories in The Herald.
Drop-In Center staff asked police to do a welfare check and remove the man from the center, according to emergency radio dispatches at the time. Police were initially told there was a man who was possibly under the influence of drugs and whose behavior was unstable, according to Bellingham police.
Officers used de-escalation and verbal skills to get Robert Eldard into protective custody so he could be taken to St. Joseph hospital for a medical and mental health evaluation, according to a police press release at the time. He was placed into handcuffs for his safety and the safety of the officers, according to Bellingham police.
When the three Bellingham police officers took Robert Eldard outside, he began to yell for help and started to doubt that they are real law enforcement officers, according to police body camera footage released of the incident.
The video shows Robert Eldard begin to struggle with the three police officers, who then take him to the ground while he yells for help. Over the course of the next seven minutes, Robert Eldard tells the officers that he can’t breathe 11 times. He also tells officers to turn him on his side seven times, according to the video footage.
During the interaction, the police officers tell Robert Eldard to relax multiple times and to stop fighting with them, the footage shows.
At one point, shortly after Robert Eldard had been placed on the ground, he says “I’m trying to tell you something, turn me a little on my side so I can breathe,” the footage shows.
An officer responds with “We’re listening,” while another states “If you’re talking, you’re breathing OK?”, the footage shows.
After Robert Eldard tells officers for the eighth time that he can’t breathe, an officer tells Robert Eldard “We’re letting you breathe, for sure, we don’t want you to not breathe.”
Throughout the video, Robert Eldard repeats that he’s innocent and doubts whether the law enforcement officers are real. At one point, he yells that the officers are trying to kill him, the footage shows.
While the officers try to reassure Robert Eldard and tell him to relax, he continues to yell for help and later asks “Why am I dying?”, according to the footage.
Several minutes before the video footage ends, Robert Eldard asks police to “get off” of him at least five times.
Robert Eldard was outside the center and officers were holding him on the ground when he became unresponsive, the video shows. Medical aid had been called and arrived shortly before the footage ends.
Robert Eldard was taken to the hospital where he died shortly after midnight on Thursday, March 15, according to previous reporting in The Herald.
The Whatcom County Sheriff’s Office helped investigate Robert Eldard’s death. Including outside investigators is routine when an in-custody death is involved, according to previous reporting in The Herald.
The Herald has filed a public records request with the sheriff’s office for the results of the investigation. An automated response said the agency will respond within five working days.
This story was originally published April 30, 2021 at 5:00 AM.
