District Attorney Janetta Hicks ruled that no criminal charges would be filed against the officers who were involved in the Cody Towler in-custody death. The letter dated Nov. 13 said: “This office declines prosecution at this time. … (After) review of the thorough investigation conducted by agents of the New Mexico State Police, Chaves County Sheriff’s Office and Roswell Police Department.”
Towler died after police responded to disorderly subject calls in the 1600 block of South Union Avenue on Feb. 4. The first officer arrived at the scene around 2:03 a.m. Towler was pronounced dead at 3:01 a.m. by a representative of the Office of the Medical Investigatory.
Hicks’ letter cited Towler’s ongoing medical problems, including depression, high blood pressure and seizures and near toxic levels of methamphetamines in the blood at the time of the incident as contributing factors in the death.
She quoted the OMI report released on Aug. 8 which listed excited delirium as the cause of death “in which an autopsy fails to reveal sufficient trauma or natural disease to explain the death.” She noted that excited delirium is officially recognized as a unique syndrome by medical examiners and the American Login to read more