INVESTIGATIVE SUMMARY I Request for FDLE Investigative Review by MBPD (IR On August 29, 2013, Miami Beach Police Department (MBPD) Police Chief Raymond Martinez requested the assistance of the Florida Department of Law Enforcement (FDLE) in reviewing the use of force during an arrest made by MBPD Officer Jorge Mercado, which led to the death of Israel Hernandez Llach. On August 6, 2013, MBPD Of?cer Jorge Mercado and Of?cer Cormilus Lattimore were workin uniform atrol and driving a marked patrol unit when they were informed by a citizen -,Don his way to work, that a male later identi?ed as Israel Hernandez Llach was a an abandoned McDonald's restaurant located at 7100 Collins Avenue spray painting the exterior of the business. Officers Mercado and Lattimore responded to the 7100 block of Collins Avenue where they observed Hernandez Llach spray painting the side of the building. Hernandez Llach ?ed on foot from Of?cer Mercado and Of?cer Lattimore and a foot chase ensued around buildings in the area for several minutes. During this time, other uniformed police of?cers arrived in the area and attempted to apprehend Hernandez Llach with negative results. Of?cer Mercado encountered Hernandez Llach, as he ran toward him, in the 6900 block of Harding Avenue and he deployed his department issued Taser and took Hernandez Llach into custody. Moments later, Of?cer Mercado and other responding MBPD Of?cers observed that Hernandez Llach was unresponsive. Miami Beach Fire Rescue was summoned to the scene and began treating Hernandez Llach, transporting him to the hospital where he expired. An autopsy of Hernandez Llach at the Miami-Dade County Medical Examiner?s Office, by Miami-Dads County Associate Medical Examiner Dr. Mark Shuman, revealed that Hernandez Llach's cause of death was due to sudden cardiac death due to a conducted energy device discharge and the manner of death was classi?ed as accidental. I Autopsy of Israel Hernandez Llach (IR On August 7, 2013, an autopsy was conducted on the body of Israel Hernandez Llach by Miami- Dade County Assistant Medical Examiner Dr. Mark Shuman. Dr. Shuman determined that Hernandez Llach?s cause of death was due to sudden cardiac death due to conducted energy device discharge and his manner of death was classi?ed as accidental. The autopsy revealed tetrahydrocannabinol and atropine in Hernandez Llach?s iIIac vein blood. Dr. Shuman sent the brain of Hernandez Llach to Deborah C. Mash, Ph. D. Director of the - University of Miami (UM) Department of Neurology and Molecular and Cellular Pharmacology Brain Endowment Bank for further studies. Further studies of brain tissue obtained from Hernandez Llach by the Miami-Dade County Medical Examiner?s Of?ce revealed the presence of designer stimulant in Her?h?andez Llach?s system at the time of his death. Brain Study: Deborah c. Mash and Alphonse Poklis (IR #2143) I Deborah (3. Mash Founder and Director of the University of Miami Brain Endowment Bank concluded that postmortem testing on the brain of Israel Hernandez Llach indicated the presence biomarkers consistent with Excited Delirium Mash sent samples of brain tissue belonging to Hernandez Llach to Alphonse Poklis Director of Toxicology and Pathology at Virginia Commonwealth University for additional testing. Poklis analyzed brain tissue samples of Hernandez Llach he received from Deborah C. Mash and the analysis reveaiec? the identification and quantification o" ng/g. Forensic Taser inspection: Taser X26 Serial X00-323271 (IR #28) The MBPD submitted tne Taser X-26 used by Officer Jorge Mercado in this incident to Rick Wyant of CRT Less Lethal, Inc. for forensic analysis as part of this investigation. The analysis concluded that the Taser XP probes were both missing the wire knots, but demonstrated heat exchange evidence of a completed circuit on the probe bodies (melting. pitting. carbon buiidup). Although not a conclusive result due to the missing wire knots, the observations on the probes were consistent with an electrical discharge duration of less than ten (10) seconds. The rerensie report conctujed that the Taser x25 senal number XJD-32371 runeturrec property and that the etectncat parameters were manufactures speclficatlorrs The report atso Comluded that the exammatloh of the taser devtce SUPDOHS [he (6) sezohd durattoh retrteved from the firing data retated :0 :he date on August 6' 2013 Summary Analysis After a comprehensth tnveshgatlun Into [hrs use of force and care'ut review 0' the of officers, wttnesses and autopsy and Dram study rt was determlned that the actlons taken by MEPD Officer Jorge Mercado were mm the and overatt testimony of law enforcement efitcers and wrthesses. NOTE A revrew or the medicat conclusrons of MtarmeDade Cuu'tty Assoctate Medicat Examiner Dr Mam Shuman and Deborah 0 Mesh Dtrector of the of Mtamt Brain Encowment Bank reveated The cause or death determined by Dr was due to Suaden Cardiac Death due to a canducted energy jet/toe discharge The postmorterr conducted on the braln of tsraet Hernandez Llach by Deborah Mash Ph 3 indicated btomarkers of Exciten Deitrtum Notarizations swear the foregorng Is true and curred SWORME and SUBSCRIBED This day Of Spectal Agen' -- tery Publtc or LEO) Flonda Department at Law Enforcement MtamiRe tonal (tons Center 2315 M'amly Flurtda 33172 FLORIDA DEPARTMENT OF LAW ENFORCEMENT INVESTIGATIVE REPORT This report is predicated upon the request for assistance by City oi Miami Beach Police Department (MBPD) Chief Raymond Martinez The Florida Department at law Enforcement (FDLE) was requested to conduct a review or the MBPD criminal investigation regarding the in custody death of tsrael Hernandez Llach. which occurred on August 6:2013. ernaridez Llach was taken into custody by MBPD Orficer Jorge Mercado alter the deployment of a conducted energy dewoe (CED). On June 10. 2014, Florida Department of Law Enforcement (FDLE) Special Agent (SA) Michael Stein and Special Agent (SA) Leslie met with Deborah Mash. Ph at the University at Miami (UM) Departments oi Neurology and Cellular Pharmacology. Dr Mash conducted a postmortem study of the brain of Israel Hernandez Llach and authored a report on August a. 2013. indicating the presence at biomarkers consistent with Excited Delirium (EDS). A copy ot Dr. Mash's report was previously submitted to this case file under related hem INV-S. - 7 Dr Mash stated that the sudden death of israei Hernandez Llach was consistent with Excited Dellrlum cecauss he possessed the EDS biomarkers in conjunction with his elevated postmortem temperature. the physical exertion from and the past use oi drugs and mariiuana. Dr. Mash advtsed that some at the signs displayed by Hernandez Llach were not typical of what the majority of individuals exhibit EDS. such as his size and me negative toxicology results ior certain drugs. For example. Hernandez Llach was smaller in size than most individuals with EDS. and the toxtcological results tor stimulants or hallucinogens were negative in this case. She added; however. that it should be considered that toxicological testing is done only on known drug compositions and. lhereiore, riot drug is detectable. particularly drugs. She also stated. in general. that recent use of cocaine andl'or hallucinogenic drugs could have late-breaking pharmacological behavioral Indications in subjects. Dr. Mash advised that although there was no information that Hernandez Llach had been diagnosed with a disorder, it could not be definitiver ruled out. She explained that the onset of major mental illness is typically seen between the ages of eighteen and twenty- twu. She added that it should be considered that his friends reported that prior to his death he had been acting "diflerent" and "depressed.' Case Number: Serial Author: -- Office: Miami Start Date: 05/10/2014 Activity End cameos/1012014 Approved with Dr. Mash THIS REPORT IS INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS DISSEMINA TED AND MAY CONTAIN INFORMA TION THAT IS EITHER PRIVILEGED OR CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LA W. ITS CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY. Case Number IR Number With respect to the temperature of the victim, noted as being 102.5. she advised that investigators should consider that his temperature was taken nearly two hours after his death. As such, his temperature at the actual time of death would have been higher. She further advised that investigators should consider the length prior to his collapse as well as his possible regular use of a skateboard as transportation. which would indicate his being conditioned to physical exercise and less-likely to be the cause of a high temperature. Dr. Mash stated that his elevated temperature was consistent with a of EDS. Dr. Mash stated that she does not provide an opinion regarding cause of death, but rather provides an expert scienti?c opinion regarding the presence or absencerof biomarkers and that are consistent with Excited Delirium As suchasbeustated that it is her expert opinion that the biomarkers and of EDS were present in this case.