Pinellas sheriff calls St. Pete man’s death an ‘excusable homicide’

The Pinellas County Sheriffs Office has concluded that the death of a St. Petersburg man who became unresponsive after a struggle with police was an excusable homicide under Florida law.

Brian Michael Pepal, 48, died Aug. 22 after St. Petersburg police officers responded to his home for a welfare check during a mental health crisis.

According to the investigation, Pepal violently attacked officers Daniel Poveda and Tammy Craig after they arrived at his home. The officers used Tasers and physical force to restrain him.

Pepal became unresponsive shortly after he was handcuffed. According to the sheriffs office, officers removed the handcuffs, began CPR, and rushed him to St. Anthonys Hospital, where he was ultimately pronounced dead.

An autopsy determined Pepals cause of death was traumatic asphyxiation and the manner of death was homicide.

The medical examiner listed restraint, coronary atherosclerosis, obesity, and schizophrenia as contributing conditions.

Investigators said neither officer applied pressure to or squeezed Pepals neck, and there was no exterior neck trauma.

The medical examiner determined that the combination of the physical struggle, the use of a Taser, Pepals face-down position, handcuffs, and the positioning of his legs restricted his ability to breathe. The investigation also found that his underlying medical conditions contributed.

The task force concluded the officers would have been legally justified in using deadly force because Pepals attack presented an immediate threat of death or great bodily harm.

Instead, investigators found they used Tasers and physical restraint to stop the attack and take Pepal into custody.

Sheriff Bob Gualtieri concluded Pepals death was an excusable homicide under Florida law and said the officers actions were lawful and proper.

The officers had to defend themselves. And, you know, when youre in a fight like that and its a knock-down drag-out, and youre doing everything you can to survive, thats all theyre trying to do, the sheriff said during a Monday news conference.

The State Attorneys Office independently reached the same conclusion after reviewing police reports, witness statements, photographs, body-worn camera video, and autopsy materials.

State Attorney Bruce Bartlett said the officers could have been legally justified in using deadly force, but instead used non-deadly force. He concluded there was no intent to cause Pepals death and that the force used was reasonable under the circumstances.

Both officers were injured during the confrontation. Craig required stitches, while Poveda suffered facial lacerations.

They have been medically cleared to return to duty but remain off the job while St. Petersburg Police conducts its internal review.

The department also has a civilian response team for some mental health calls. Chief Anthony Holloway said the team was not sent to Pepals home because of the reported threat of violence.

We do not send civilians to those types of calls, Holloway said.

Pepals stepmother described him to Tampa Bay 28 as a loving, caring person.

However, Sheriff Gualtieri says Pepal had struggled with mental health issues for years. Investigators documented multiple mental health crises, including Baker Act commitments and diagnoses of schizophrenia and bipolar disorder.