Corrections & Clarifications: An earlier version of this article incorrectly reported the number of individuals who have died in police custody in Maricopa County since 2017.

Three years ago, Phoenix had its own “I can’t breathe” case. But its outcome has so far been very different than that of George Floyd’s.

In 2017, Muhammad Abdul Muhaymin Jr. tried to take his dog with him to the bathroom at a city community center in west Phoenix. The police were called, discovered he had a warrant for his arrest, and decided to detain him.

At least four officers got on top of him and held him down. Some put their knees on his neck and head. 

“I can’t breathe,” Muhaymin is heard saying several times in police body camera footage. When officers eventually got off him, Muhaymin had no pulse, according to comments from officers in the video, and lay in a pool of his own vomit.

He was 43, unarmed and black. 

The Maricopa County Examiner’s Office ruled Muhaymin’s death a homicide, according to that office’s database. Muhaymin is one of 35 people who died while in police custody in Maricopa County since 2017, according to the county prosecutor’s office. 

That number does not include fatal police shootings.

For the past week, thousands of people, spurred by Floyd’s death, have demonstrated in downtown Phoenix, demanding transparency, accountability and justice for the people who have been killed by police officers.

In recent days, people have pointed to Muhaymin’s case as an example that what happened to Floyd also has happened in Phoenix.

The four officers involved in Floyd’s death have all been fired and criminally charged.

None of the 10 officers connected to Muhaymin’s death was charged. They still work for the Phoenix Police Department. 

Muhaymin and Floyd: Comparing the two cases

The death of Muhaymin is the subject of a $10 million lawsuit his sister filed in U.S. District Court in Arizona. The lawsuit is against the 10 officers, a city parks and recreation employee and Phoenix. 

In recent days, lawyers representing the Phoenix police officers filed court documents asking a federal judge to silence the lawyers representing Muhaymin’s sister. 

Specifically, they want the lawyers to stop likening Muhaymin’s death to Floyd’s.

David Chami and Haytham Faraj, lawyers for Muhaymin’s sister, filed the lawsuit in December 2017.

“The type of conduct seen in the videos from the Floyd case is not unique to Minneapolis. Phoenix has had these issues before Mr. Muhaymin and have had multiple incidents after. There is a serious problem in policing all over this country and until we recognize that, people will continue to needlessly die,” Chami said in a statement to The Arizona Republic.

The lawyers for the officers contend in a recently filed motion that Faraj’s Facebook comments connecting the deaths are inappropriate, against the rules and he is only trying to capitalize on the recent media attention on Floyd’s case to leverage a favorable outcome.

“The only possible purpose for Plaintiff’s counsel’s posts is to embarrass, delay, or burden any other person and to incite public anger against Phoenix Police Department in the midst of ongoing protests related to George Floyd,” Karen Stillwell, one of the lawyers representing the officers, wrote in the May 29 motion.

Daniel O’Connor Jr., another lawyer representing the officers, responded to an Arizona Republic email seeking comment, saying that he and the other lawyers can’t make any statements about the case.

Faraj in a separate court document responded to Stillwell’s motion, saying that lawyers have a right to defend their clients publicly. He also said his Facebook comments don’t damage court proceedings and are part of his free speech rights.

“The social media posts provide a vehicle to advocate for political change on behalf of a helpless client who is desperate to understand why no one has been held accountable for the death of her brother, especially in light of the accountability demonstrated by city leaders in Minneapolis for the death of George Floyd,” Faraj said in the motion filed Monday.

On Friday, the judge ruled that Faraj had not violated any court orders or rules. 

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What the lawyer’s Facebook posts say

In a May 27 Facebook post, Faraj wrote: “George Floyd was suffocated to death by Minneapolis PD on May 25. These video(s) captures depict the same type of murder committed by Phoenix PD.”

In another post, Faraj criticized Phoenix police Chief Jeri Williams: “She complimented her officers who kneeled in solidarity with protestors in Phoenix but she had no problem with her officers placing their knees into #MuhammadMuhaymin‘s head while other officers kneeled on his body until they killed him by asphyxiation.”

The Facebook posts are depicted in Stillwell’s motion and were still up on Facebook as of Thursday evening.

It began with a dispute over chihuahua

On Jan. 4, 2017, someone called police to the Maryvale Community Center on 51st Avenue near Indian School Road.

According to the lawsuit, Muhaymin had tried to enter the men’s restroom and a city employee stepped in front of him to deny him access because Muhaymin was carrying his chihuahua “Chiquita,” who served as his service dog.

The lawsuit says Muhaymin was “suffering from Post-Traumatic Stress Disorder, Acute Claustrophobia, and Schizophrenia. In order to alleviate the symptoms of his mental disabilities, he carried a service dog named ‘Chiquita’ with him.”

Someone called 911 to report that Muhaymin “assaulted” the employee, the report says.

That employee later told police that Muhaymin did not assault him, the lawsuit says. In the police video, a staff member is talking calmly to Muhaymin when the police arrive. The employee asks him how they could find a way for him to leave his dog outside when he came in to use the restroom.

Police asked Muhaymin for his identification. Muyhamin told the officers he still needed to use the restroom and the officers eventually let him after Muhaymin gave his ID to the officers, the lawsuit says.

‘I cannot breathe. I can’t breathe’ 

As they walk toward the exit, officers tell Muhaymin that there was a warrant for his arrest and order him to put down his small dog, which was in his arms, according to the video.

Muhaymin refuses to put the dog down, and the two officers try to restrain  Muhaymin. Eventually, officers take him outside to the center’s parking lot. 

Muhaymin can be heard wailing and appears to be struggling as the officers attempt to restrain him, the video shows.

“I cannot believe this,” Muhaymin cries.

More officers arrive.

Officers take him to the ground, the video shows.

An officer is heard saying, “I got a hobble in my car.” One officer responds, “No, stay on him.”

A hobble usually refers to a strap used by police to tie the ankles of a person together.

“I cannot breathe. I can’t breathe,” Muhaymin says repeatedly.

Meanwhile, Chiquita is pacing back and forth watching the officers pile on Muhaymin, the video shows.

At some point, Muhaymin throws up and officers are heard saying to call for medical help, the video shows.

“I don’t think he’s breathing,” one officer is heard saying.

Another officer says, “I don’t feel a pulse.”

“Oh, he is dead,” an officer says before he turns his camera off.

Muhaymin was taken to a hospital, where he was pronounced dead.

According to the lawsuit, a witness saw the deadly episode unfold. The lawsuit doesn’t name the witness.

“She testified that four officers put their weight on him, and one had a knee to his neck. She heard him say ‘I can’t breathe’ before he fell silent,” according to the lawsuit.

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Officers ‘found to be in policy,’ police say

On the day of Muhaymin’s death, a police spokesman said officers were forced to use two sets of handcuffs to bind his arms behind his back. Still, he managed to bring his hands over his head so his arms were in front, police said at the time.

“They get him in handcuffs and he was thrashing about, and they realize he was going into medical distress,” Phoenix Sgt. Jonathan Howard said at the time.

Williams released a statement at the time that said that even though the case was still under investigation, she ordered the police footage to be released for transparency.

“In keeping with the spirit of transparency and positive communication with our community and our employees, we are releasing the body-worn camera footage obtained during our contact with Mr. Muhammad Muhaymin from January 4th,” she said in the statement.

The statement goes on to say: “This investigation remains active. We have a duty to protect the integrity of the investigation, however, in this particular case, we do not believe the release of the body-worn camera video will jeopardize our ability to complete a thorough and accurate investigation.”

On Thursday, Sgt. Mercedes Fortune, a spokeswoman for the Phoenix Police Department, said she is “not in a position to discuss pending litigation.”

“I can tell you it appears the involved officers were found to be in policy,” Fortune said.

Officers cleared of criminal wrongdoing

According to a letter from the Maricopa County Attorney’s Office, it appears that officers Ronaldo Canilao, Oswald Grenier, David Head and Jason Hobel were under criminal investigation in connection with Muhaymin’s death.

They all were cleared by the prosecutor’s office of any criminal wrongdoing. 

The panel of county prosecutors that reviewed this case said “the officers did not commit any act that warrants criminal prosecution,” according to the Feb. 22, 2018, letter.

The lawsuit names six additional officers:  Kevin McGowan, Susan Heimbinger, James Clark, Dennis Lerous, Ryan Nielsen and Steven Wong.

Officer histories

According to an Arizona Republic investigation, one of the officers had a prior excessive force allegation. Others have been involved in shooting individuals, and two were named among officers nationwide who posted racist comments on social media.

In 2015, McGowan was fired by then-Chief Joe Yahner after an incident in which he stomped on the neck of a surrendering suspect, knocking out three of his teeth. McGowan was later rehired by the city’s Civil Service Board, which hears city employees’ appeals.

In February 2018, Canilao shot Edward Hallinan, a 39-year-old man who police say had killed three people.

In May 2016, Wong and another officer shot and killed 43-year-old Francis Clark, a man who police say had killed his girlfriend and fired at two officers.

Head and Nielsen were named in the Plainview Project, a national database of law enforcement Facebook posts and comments. The database shows hundreds of officers across the country posting racist or misogynistic statements or condoning violence.

Two of Head’s Facebook posts were included in the database, one for saying that two teenagers needed a good “a– kicking.” Another was a meme saying that former President Barack Obama did not honor officers who have died.

Nielsen wrote a Facebook post in March 2010 complaining about his “ghetto neighbors” having a party and making a lot of noise, the database shows.

In a comment exchange with someone else, Nielsen wrote that he planned to buy a shotgun but that his AR — presumably referring to the AR-15 firearm — would help protect his house.

He also said in the comment section that he may call the Sheriff’s Office and report that the residence may be a drop house, a term used by law enforcement to describe a property where smugglers house undocumented immigrants as they await payments.

Seeking justice

Muhyamin’s sister’s lawyers have asked for a jury trial for the civil case. A date has not been scheduled.

Most of the officers have been deposed, a lawyer for Muyhamin’s sister said. They are awaiting additional depositions, but COVID-19 has delayed the case some, the lawyers said.

They hope a trial will happen early next year. In the meantime, they are still in the discovery stages.

The lawyers are seeking justice for Muyhamin, they say. The sister wants the officers to be held accountable. 

“What’s most troubling is that there has never been an acknowledgment of wrongdoing,” Chami said. “No officer was fired and no disciplinary action taken against the officers involved, that we know of.” 

Uriel Garcia covers public-safety issues in Arizona. Reach him at [email protected]. Follow him on Twitter @ujohnnyg.

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