An Antioch family is fighting for answers and demanding change, years after their son’s death after his altercation with police.
The family attorneys are demanding Contra Costa County reopen the case and declare the death of Angelo Wuinto a homicide, rather than an accidental.
“We are here fighting trying to expose the truth of what happened that night,” said Angelo’s mother, Cassandra Quinto-Collins.
Three years after his death, the family of the 30-year-old are once again fighting to have police officers charged in connection with his death. After a year of depositions, Civil Rights Attorney John Burris says even Contra Costa’s pathologist now admits asphyxiation played a role, even though Angelo’s death was formally ruled accidental.
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“It’s a bold face lie that was perpetrated on this community as well as this family,” said Burris.
He claims Angelo died by asphyxiation caused by Antioch police officers restraining him face down, rather than the county’s official finding that Angelo died of drug intoxication from fentanyl and a controversial diagnosis called “excited delirium”.
The controversial term became a hotly debated topic after the American Medical Association began disputing its validity.
“Junk science that is used by police whenever they can to justify as a death that resulted from their conduct,” said Burris.
The family is now filing a petition asking the court to refute the coroner's findings and demanding the county DA’s or the state attorney general reopen the case to see if officers should face any criminal charges.
“The entire thing, the facts just don’t bare out,” said Angelo’s dad, Robert Collins. “We are hopeful this shines a light on the whole thing because if he did not die from an accidental death and instead he died at the hands of others, then we can open it the entire thing it help to have the coverup not continue.”
The Contra Costa County District Attorney's Office told NBC Bay Area that they will consider any relevant change in circumstance in a potential homicide, adding that their decision not to pursue charges in the case included several factors outside of the pathologist report.
Burris and Angelo's family explained that while their demands come with challenges, they are committed to continuing the fight.
“Given the information that we have and the information that was withheld it seems to me, presenting those factors to a judge, the judge could easily conclude that there was an abuse of discretion here,” said Burris.
“This is the only road we have to anything that seems like justice,” said Collins.
