Ten months after an injured man died after he was found unresponsive in a holding cell, his family is suing the police department.
Two dozen of Tim Vong’s family members crowded into a small room at O’Brien Coleman & Wright law firm in Pittsburgh as the family’s attorney announced the filing of a federal lawsuit against the West Mifflin Police Department and several of its officers.
It was an emotional gathering as attorney Alec Wright detailed some of Vong’s final conscious moments.
Vong had celebrated last Fourth of July with friends. He was assaulted and left outside a convenience store in the early hours of July 5 with no phone or wallet. Police have not elaborated on the specifics of the assault, but video of Vong at the police station shows visible injuries on his head.
According to the lawsuit, Vong tried to get help at nearby homes. Someone called the police.
West Mifflin police responded. Wright said Vong was visibly injured with bruising and swelling on his head and face and that he was disoriented and delirious.
The lawsuit says, “it is a standard expectation in law enforcement that officers ensure that citizens receive prompt medical attention whenever there are any signs of trauma to the head or face.”
Vong did not receive medical attention. Police officers placed him in a holding cell around 3 a.m., where he remained until after noon the next day.
Wright says video footage shows officers failed to check on Vong for over nine hours. He struggled for about two hours, knocking on the door and walls, trying to get someone’s attention. No one came.
“Instead of being provided what he needed, he was arrested and taken into custody and left in a cell to die by himself,” Wright said.
Surveillance video obtained by 11 Investigates shows Vong alive but unresponsive when officers checked on him after noon. Officers are seen tapping him, nudging his body with one of their feet, and lifting Vong’s leg. Officers attempted no life-saving measures until more than eight minutes later, when medics arrived. Vong was taken to the hospital and removed from life support three days later.
“Almost 10 hours of uninterrupted silence as he himself hemorrhaged from the blunt force trauma to the head,” Wright said.
The lawsuit says, “an autopsy report confirmed that Mr. Vong died from untreated trauma to the face and head,” which caused swelling and hemorrhaging in those areas.
11 Investigates obtained West Mifflin police’s policies for detainees in custody.
“All detainees shall be personally observed by the arresting officer or other member of the agency at least every 15 minutes,” the policy states.
It also reads that in case of an emergency, “… an immediate response shall under normal conditions be available within four (4) minutes by a primary responder.”
Vong’s cousin, Jonathan Nguyen, spoke at Monday’s press conference. He said his cousin was like a brother and the jokester in the family, known for making anyone laugh.
“All the officers involved were not doing their job that night at all,” Nguyen said.
He said Tim was a great man who loved spending time with his two young children. Now those children are without a father.
“He shouldn’t be dead right now. He should be alive,” Nguyen said.
The attorney representing West Mifflin said the police chief, mayor and borough manager have no comment pending litigation.
No charges have been filed against the person who assaulted Vong. The police investigation wrapped up months ago and was handed to District Attorney Stephen Zappala’s office. The office has not said where the case stands.
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