Family Claims Police Killed Man

HAYWARD RESIDENT DIES IN CUSTODY

It's too soon to tell what killed Gregory Lewis -- drugs, alcohol, or the
beating and restraint his family contends he received at the hands of
Hayward police early Thanksgiving morning.

About 5 a.m. Thursday, three Hayward officers responded to a disturbance
call at a Motel 6. They encountered Lewis, a 40-year-old father of three,
in his underwear beneath a stairwell. They tried to coax him out. When that
failed, they called for backup to subdue the 6-foot-2, 210-pound man.

"He seemed agitated and confrontational," said Capt. Raul Valdivia, who
added that officers believed he was on drugs. "He wouldn't listen to verbal
commands."

Ten officers arrived, including one supervisor who had "the wrap," a device
that keeps suspects immobile.

According to Valdivia, officers used pepper spray on Lewis -- an asthma
sufferer -- beat him about the legs with batons and handcuffed him. All the
while, Valdivia said, Lewis was screaming and thrashing.

Immediately after restraining him, officers checked Lewis' vital signs. He
didn't have a pulse. Paramedics were called and Lewis was taken to a nearby
hospital, where he was pronounced dead upon arrival at 6:07 a.m.

Lewis is the third Bay Area man in fewer than six months to die after being
restrained with the device -- and at least the fifth in 18 months.

Michael Lewis told the Mercury News on Friday that he believes police
killed his younger brother.

"You always figure police are there to protect and serve," Michael Lewis
said, "but sometimes they turn out to be the criminal."

Police contend they delivered blows only to Lewis' legs, but coroner's
photos of the man obtained by the family and given to the Mercury News show
extensive swelling and bruising over nearly all of his face and head.

Lt. Gary Branson said Lewis banged his own head on rocks while he was face
down.

"None of the officers have said they hit this guy in the head on accident
or intentionally," Branson said, adding that witnesses are still being
interviewed.

Both the Hayward Police Investigations Division and the Office of Ethical
Standards are looking into the case.

Valdivia said the officers involved are taking the death hard -- "so hard
that we have a psyche debriefing scheduled for Monday."

The wrap consists of a nylon sheath with Velcro straps. It is used to
restrain a physically violent person's legs. For the safety of a suspect,
the San Jose Police Department has a policy that the person must be sitting
upright before the device is applied.

Hayward police said they put the wrap on Lewis while he was on the ground.
Valdivia later said Lewis was sitting up.

Earlier this month, a 39-year-old Redwood City man died in the back of a
police car after being pepper-sprayed and restrained by the wrap. That
death is under investigation.

On June 26, Santa Clara police were applying handcuffs to a 43-year-old
Sunnyvale man, when he reportedly became combative, then fell and hit his
head on the ground. Officers applied the wrap, and the man lost
consciousness and later died. The case also is still under investigation.

In September 2001, a man who was kicked out of a McDonald's restaurant for
harassing people died after a brief scuffle with San Jose police officers.
The man lost consciousness after police applied the wrap. Police were
cleared in the case.

In May 2001, a 29-year-old San Jose man who had created a disturbance
inside a grocery store lost consciousness as police applied the wrap. The
coroner's office determined police didn't use excessive force.

Lewis' friends and family described him as an outgoing, jovial guy who
liked to party and sometimes drank to excess but was never violent.

The family was notified of his death at 3 p.m. Thursday, just as they were
sitting down to Thanksgiving dinner. Lewis worked as a shipping supervisor
at Papercraft Inc. in Union City. A native of Hayward, he is survived by
two sons, ages 14 and 2, and a 3-month-old daughter.

Mercury News Staff Writer Matthai Chakko Kuruvila contributed to this report.