A custodial death report filed with the Texas Attorney General’s Office by the McAllen Police Department identifies the man who died while being arrested at a Whataburger on Wednesday as Carlos Teofilo Garza, a 38-year-old Edinburg resident.
The department issued a news release notifying the public of the death Wednesday afternoon, saying police responded to the fast food restaurant after receiving multiple calls at 10:13 a.m. from reporting persons and employees who activated their alarm system.
The callers reported that a man was screaming, possibly intoxicated and bothering customers inside the Whataburger.
“Responding officers located the male suspect inside the restaurant, standing between the restaurant door and the restaurant employees and customers who had huddled together,” the report stated.
Police say that Garza had threatened the employees and customers to not try to leave the restaurant.
Officers tried to verbally engage the suspect, who police say continued screaming before police began evacuating people through a side door, according to the report.
“The male suspect saw one (1) customer exiting and running onto the restaurant parking lot towards the customer’s personal vehicle,” the report stated. “The male suspect gave chase and attempted to prevent the customer from leaving.”
Police pursued him into the parking lot toward 10th Street, where he stumbled and collapsed, according to the report.
During the struggle, police say Garza injured three officers, including biting one of the men.
Police say officer Ricardo Gallardo, a 19-year veteran, was treated for injuries to his left arm while 14-year-officer Mike Garcia received minor scratches.
James Martinez, an 11-year officer, was treated at a local hospital for bite injuries to his hand.
The report says that shortly after Garza was subdued and placed in handcuffs, the officers reported that he was not breathing and began CPR on him until EMS arrived.
He was transported to South Texas Health Systems McAllen, where he died at 11 a.m.
The custodial death report says it’s unknown whether Garza exhibited mental health of medical problems and notes that he did not make suicidal statements.
That document also says the means of Garza’s death is unknown and that police could not determine whether he had a pre-existing medical condition.
In a section of the report where police answer whether the death was an accident, homicide or suicide, or who caused the death, police marked not applicable.
Garza’s cause of death is pending the results of his autopsy, according to the report.
Had he not died, police would have charged him with aggravated assault.
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