DETROIT (AP) — Three security guards who held a man to the floor at a Detroit-area mall in 2014 were acquitted of involuntary manslaughter on his death on Friday in a case that was reopened years later by state prosecutors.
McKenzie Cochran, who had an enlarged heart, repeatedly said, “I can’t breathe,” while five guards restrained him at Northland Center, following a trouble call to security by a mall tenant, witnesses said.
The struggle was recorded on dark, grainy mall video, as well as by onlookers.
Lawyers for the guards — John Seiberling, Gaven King and Aaron Maree — said Cochran was combative and would not stop resisting while they tried to handcuff him. An expert testified that they had to protect themselves and the mall.
The 25-year-old Black man was handcuffed after about 10 minutes and placed against a pillar while guards waited for police and paramedics. Cochran’s cause of death was asphyxiation.
Prosecutors said excessive force and gross negligence by the guards led to the death.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
DETROIT (AP) — A prosecutor urged jurors Friday to apply “common sense” and convict three security guards of involuntary manslaughter in the death of a man who said he couldn't breathe while being pinned to the floor at a Detroit-area mall in 2014.
The jury heard closing arguments after an expert in the use of force defended the tactics of the guards at Northland Center. They responded after an anxious store owner called to report that McKenzie Cochran said he wanted to kill somebody.
“This guy presented a serious threat from the information they had,” said Charles Key, a former Baltimore police supervisor. “All they’re trying to do is handcuff. They don’t use any other force other than the initial pepper spray.”
Cochran, 25, a Black man with an enlarged heart, repeatedly said “I can’t breathe” while face down, according to witnesses. He died of heart failure and asphyxiation during the roughly 10-minute encounter that grew from two guards to five. It was recorded on a mall camera and other video, showing that the guards had asked the unarmed man to stop resisting.
Assistant Attorney General LaDonna Logan said the guards on trial — John Seiberling, Gaven King and Aaron Maree — were not encouraged to restrain or arrest people when working at Northland.
“When a man says several times, ‘I can’t breathe,’ common sense says that these defendants should have repositioned him. They did nothing," Logan told the jury. “When that man was too weak to talk anymore and all he does is wail and cry, common sense says the situation is dire and action needs to be taken."
“Use your common sense today,” the prosecutor said, “and find them guilty of involuntary manslaughter.”
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 amid national outrage over the death of George Floyd, a Black man who was pinned to the ground by Minneapolis police.
Defense lawyers repeatedly reminded the jury of the decade that has passed since Cochran's death.
“They had all this information 10 years ago. No charges. There was no negligence,” Wright Blake said. "So what changed between 2014 and 2021? ... Is it her own political gains?"
Blake said there was no new evidence, except for the opinion of a forensic pathologist, Dr. Carl Schmidt, who looked at records and testified that the death was not an accident and might be considered a homicide.
Another lawyer, Jamil Khuja, said Schmidt was Nessel's “go-to hired gun,” though the doctor testified that he probably won't bill the state for his work.
“If someone found a gun in that man's pocket, they'd be hailing these men as heroes,” Khuja said. “Instead, 10 years later — not a Monday morning quarterback, 10-years-later quarterback — come and turn their lives upside down.”
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.
___
Follow Ed White at https://twitter.com/edwritez
Ed White, The Associated Press