'He just asked for help': Family files lawsuit after son dies in El Paso police custody

Michael Charles Thompson — a father to two daughters and a Fort Bliss veteran — begged for help as he suffered from a mental health crisis, but he ended up slowly dying in El Paso police custody two years ago.

Thompson's family filed a lawsuit on the second anniversary of his death, claiming police officers used excessive force and paramedics failed to provide proper medical care.

"When you raise your children — you raise your children that when you need help — ask for help," Barbara Thompson, Michael's mother, said as she cried in anger.

"It takes a strong man to humble himself to say, 'I need help.' That's a strong man. This is what we teach our children from birth. And he did that. And as a result, I stand here with no son at all. Why? Because he just asked for help. You're not supposed to lose your life asking for help."

Michael Thompson, 36, was suffering from a mental health crisis, including experiencing hallucinations, on June 27, 2022, when he walked into a 7-Eleven, 5830 Dyer St., in Northeast El Paso and asked the clerk to call 911 for help.

When police arrived, they punched, kicked and repeatedly tased Thompson as emergency medical crews stood and watched, U.A. Lewis, a Houston civil rights lawyer, said. The family hired Lewis to handle its wrongful death case in El Paso.

Thompson was ultimately handcuffed and placed in a police vehicle to slowly die, Lewis said.

"It is one of the most utterly gross displays of medical indifference after the unimaginable level of excessive force against someone they (police) knew was not committing a crime, and they themselves claimed was in a mental health crisis and in need of transport to emergency services but they chose to attack him instead," Lewis said.

Michael Thompson's family filed a lawsuit in the 41st District Court against the city of El Paso, the El Paso Police Department, seven of its officers, the El Paso Fire Department, a Texas Tech University police officer, Walmart, and Axon Enterprise, a company who manufactures Tasers and other equipment for the police department.

More: El Paso veteran's death in police custody leaves unanswered questions

"Two years ago, it was discovered that he was killed by homicide in the hands of the El Paso police officers while the medics from the El Paso Fire Department were there on hand," Lewis said.

The lawsuit claims excess force was used by law enforcement, medics failed to provide proper medical treatment and a lack of training of law enforcement officers.

City of El Paso, El Paso Police Department and El Paso Fire Department officials declined to comment on the lawsuit. In a statement, Walmart officials said, "We’re reviewing the complaint and will respond in court as appropriate."

Texas Tech University and Axon Enterprise did not respond to requests for comment.

'You're going to kill me'

Thompson was experiencing a mental health crisis about 12:50 a.m. June 27, 2022, when a Texas Tech police officer, who was working off-duty as security at a Walmart, allegedly began following him, the lawsuit claims.

The lawsuit alleged the officer "stalked Mr. Thompson making him feel paranoid." Thompson then entered the convenience store and asked the clerk to call 911 as he was suffering from mental health issues. The clerk called 911.

An El Paso Police Department officer arrived and detained Thompson instead of calling for medical help, the lawsuit states. Thompson told the officer, "You look like a thug, and you're going to kill me … You're going to kill me," according to the lawsuit. Other city officers also responded.

"Mr. Thompson had not committed any crime; he was not armed or a fleeing suspect," the lawsuit states.

Thompson "objected" to being detained and asked for medical help, the lawsuit states. He was then allegedly repeatedly tased, choked, punched and kicked by the officers. Thompson went into cardiac arrest and was wrongfully administered Narcan, the lawsuit alleges.

Thompson was placed in handcuffs and put in the backseat of a police vehicle, where he stopped breathing, the lawsuit states. El Paso Fire Department medical crews arrived about 1:11 a.m. The lawsuit claims medical crews "witnessed the arrest but did nothing to intervene or attempt to provide adequate medical care for his serious medical needs."

Thompson was taken to University Medical Center about 1:36 a.m. He was pronounced dead 11 minutes later.

More: Man dies after arrest by El Paso police at 7-Eleven store in the Northeast

"When the officer put him in the back of the vehicle, they said he resisted by making his body go limp," Lewis said. "His body was not limp intentionally. His body was limp because he was losing his life."

The cause of death was determined to be "restraint asphyxia, use of taser deployment(s), and multiple force blunt force trauma with complications," the lawsuit states. Two different Texas medical examiners ruled the manner of death as a homicide, Lewis said.

'They committed a crime against this mother ..."

The lawsuit claims police violated Thompson's rights by using excessive force and wrongfully arresting him while El Paso Fire Department paramedics denied him proper medical care.

The city of El Paso and Texas Tech University are named in the lawsuit because they allegedly failed to implement "proper procedures to ensure officers employ appropriate tactics when dealing with persons suspected of suffering from mental illness."

Axon Enterprise and Walmart Inc. are named in the lawsuit because the companies were allegedly "negligent." The lawsuit alleges Walmart's "negligent training, hiring and supervision" led to Thompson's death. It goes on to say Axon Enterprise "failed to provide appropriate training, instruction or guideline" on how to use the tasers, the lawsuit states.

Thompson's family is asking for the defendants to pay for physical pain and mental anguish, loss of earning capacity and lost wages, medical care expenses, exemplary/punitive damages, attorney fees, and other issues the family has faced since Thompson's death.

The family is asking a court or jury to "determine the amount of the loss plaintiff has incurred in the past and will incur in the future," the lawsuit states.

"They committed a crime against this mother who no longer has a child, her only child," Lewis said. "They committed a crime against these children who no longer have a father. They no longer have any hope that he would be in their lives every single day. That is gone."

Who was Michael Charles Thompson?

Thompson, originally from New York, was a loving son and father to two daughters and proudly served his country in the U.S. Army, his family said.

"My dad, he was the best dad," said Naiya Thomson, 9, as she cried and hugged her family. "He was funny, kind."

He was stationed at Fort Bliss before he was honorably discharged, Lewis said. He stayed in El Paso instead of returning to New York to be near his daughters, she added.

After joining the U.S. Army, Michael Thompson returned a better man but suffered from PTSD, his family said.

Barbara Thompson drove her son to the Army post in Brooklyn, New York. Michael Thompson was wearing baggy jeans and a hooded sweatshirt. She told her son he needed to pull his pants up as they entered the post.

After coming home from boot camp, Thompson saw teenagers wearing baggy pants and told his mother they needed to pull their pants up. This was a sign that Thompson was now a man, but for Barbara Thompson, he was still her little boy.

"I watched a boy walk in," Barbara Thompson said. "After he finished boot camp, we drove to Kentucky to see him. I jumped up from the audience. I said, 'that's my boy.' The lady in front of me said, 'that's not a boy anymore.' And I said to her, 'he will always be my boy.' He was my boy, but I know he came back a man."

Michael Thompson was stationed in South Korea. During this time, he began struggling with his mental health, his mother said.

"It went to hell in South Korea," Barbara Thompson said as she cried. "It broke him. When he came back he was a broken man. He came back worse than when he originally went in, but still, he asked for help on his worst day."

Michael Thompson "experienced bouts with homelessness, sleeping at different friends and families homes, until he found a stable place to live and was able to rent his own apartment," the lawsuit states.

While struggling with his mental health, Michael Thompson wanted to help veterans who were suffering just like him, his mother said.

More: El Paso woman sues resort for husband's death in Puerto Peñasco hot tub incident

"He had the biggest smile," she said. "He loved his children. His heart was big. On his worst days and in the midnight conversations when he would call me, he told me he wanted to help others like him. That was the goal. That was his goal. Nothing else, nothing big. But that was big to him."

The family hopes the lawsuit will make an impact on how veterans and all others who suffer from mental health illnesses are treated and ensure they receive the help they need.

"We cannot bring Michael back, but what we can do is prevent other veterans that this city is filled with, who the city appreciates, from facing what Michael faced as a veteran that came home with PTSD," Lewis said. "They're not taken care of and if anybody should know that, it should be the city of El Paso and their officers."

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: 'He just asked for help': Family files lawsuit after son dies in El Paso police custody