AUSTINTOWN Judge clears police in death

A judge said the officer had no way of knowing the man had eaten cocaine.
AUSTINTOWN -- A federal judge has dismissed a lawsuit alleging that township police were responsible for the death of a Salem man who had swallowed cocaine.
U.S. District Judge Peter Economus ruled Tuesday that it wasn't obvious to police that Anthony Anzevino, 25, of Western Reserve Road had swallowed cocaine and needed medical attention.
Anzevino was pulled over after a car chase in the early morning of March 5, 2002.
He was covered with suspected powdered cocaine, and he later died at St. Elizabeth Health Center.
Atty. James Vivo, who represented the family, said he expected to appeal Judge Economus' ruling.
Anzevino's widow and parents had sued the officers who handled his arrest, the township and the police chief for a total of $14 million.
The family had accused police of denying Anzevino his constitutional rights and causing his death through negligence and indifference.
They said officers should have warned Anzevino about the danger of drugs and sought medical treatment for him.
Suspect was coherent
Judge Economus, however, said patrol officer Greg Brinsko and Sgt. Ronald DeAmicis had no way of knowing that Anzevino had eaten cocaine.
He cited evidence that Anzevino was coherent and willing to cooperate with officers until he was taken to the hospital.
The ruling notes that Brinsko testified: "You don't assume somebody eats cocaine. You assume that they snort it or smoke it."
Brinsko tried to pull over Anzevino on state Route 46 at about 2:15 a.m. March 5, 2002, for having an expired vehicle registration, the lawsuit states.
Anzevino, however, refused to stop, leading police on a chase.
Brinsko and DeAmicis eventually stopped Anzevino. The officers said they found white powder on the front of Anzevino's shirt and lap and around his nose and mouth and on his hands. He told police it was cocaine.
The officers took Anzevino to the police station.
At about 3:40 a.m., Anzevino asked to use the bathroom. Brinsko accompanied him and searched the toilet for contraband after he was done.
Brinsko then took Anzevino back to an interview room and left him there.
After walking a short distance, Brinsko heard a noise in the interview room.
He went back and found Anzevino on the floor.
Officers called paramedics at 3:44 a.m. Anzevino was pronounced dead at 4:29 a.m.