Jamestown Man Died from Drug Overdose - Not From Police Taser.

May 16, 2013 Updated May 16, 2013 at 6:57 PM EDT

By Ed Reilly

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May 16, 2013 Updated May 16, 2013 at 6:57 PM EDT


JAMESTOWN, N.Y. (WKBW) The Erie County Medical Examiner's Office has now concluded that the death of 30-year old Charles Baker was the result of toxic levels of two different drugs in his system.

According to Chautauqua County District Attorney David Foley, the toxicology report shows Charles Baker had lethal levels of cocaine and a prescription pain killer called Tramadol in his blood when he died on February 17.

A few hours prior to his death, Jamestown Police had arrested Baker after making a traffic stop.

"Baker was attempting to destroy several packets of cocaine while he was being arrested and this continued into the police station while he was booked. Whether he ingested any at that time is unclear, he very well may have in an attempt to conceal it," added Foley.

"There was no Tramadol, that I'm aware of, that was found in his possession at that time, so we've concluded that that was probably ingested prior to the incident"

While being processed at police headquarters, an altercation broke out and officers used a taser to subdue Baker.

"It was a single deployment and the officers were able to place him into a chair and prevent him from further harming himself or the officers," said Captain Robert Samuelson from the Jamestown Police.

Approximately two hours later, Baker had a seizure and was transported to WCA Hospital were he later died.

With the autopsy and toxicology reports now finished, DA Foley says the case is closed because there is no evidence of any criminal wrong doing by the police.

"I don't want this case closed. I want this case to remain open. I need to seek justice for my brother," said Baker's sister Charlette from Cheektowaga.

"He died of an overdose? That's not true."

The Baker Family says they feel police were negligent by not taking the suspect to the hospital when there was the possibility that he had ingested some of the drugs.

"I just don't understand it, " said his father Charles Sr.

Families members are also frustrated because, they say, it has been difficult to get information from police about the investigation and the autopsy report.

The Chautauqua County DA says no one from the family has contacted his office and he is willing to discuss the toxicology results with concerned family members.