Pechanga leader's death ruled due to asphyxia
10:00 PM PDT on Thursday, October 16, 2008 By HERBERT ATIENZA The Press-Enterprise
A Pechanga tribal leader died from lack of air after he was held down and choked during an altercation outside a downtown Denver strip club, Denver authorities said Thursday.
Gabriel Matthew Pico, 41, died Sept. 1 from "hypoxic encephalopathy due to asphyxia" and "the manner of death is homicide," the Denver Office of the Medical Examiner/Coroner said.
Pico, a newly elected member of the Pechanga Tribal Council, died two days after being involved in an altercation outside a gentlemen's club in Denver, where he had attended the Democratic National Convention.
He was taken to Denver Health Medical Center, where he died, Denver police spokesman Sonny Jackson said.
Jacob Mejia, public affairs representative for the Temecula-area tribe, said Pico was a guest attending events at the Democratic convention but was not a delegate.
Now that the death has been ruled a homicide, Denver police plan to confer with the district attorney's office to determine if criminal charges would be filed against anyone in connection with the death, Jackson said.
He said two people, who were bouncers at the Diamond Cabaret in Denver, have been arrested on suspicion of assault.
He said no one has yet been arrested in connection with the coroner's ruling that the death was a homicide.
Denver district attorney spokeswoman Lynn Kimbrough said Justin Ludwig, 25, and John Nelson, 47, have each posted a $3,000 bond.
The two face charges of second-degree assault in connection with the incident, she said. They have a preliminary court hearing Nov. 20.
Jackson said the investigation is ongoing. He said with the ruling from the coroner's office, police expect to turn over their findings to the district attorney.
According to the coroner's report, written by Dr. Amy Martin, "the decedent was being restrained during an altercation with three other individuals who reportedly were kicking at him; during this restraint there appears to have been pressure applied to the neck."
The report said laboratory tests show ethanol in Pico's blood. Further testing needs to be completed to determine whether there were drugs in his system, the report said.
Pico also had cardiomegaly, or an enlarged heart, and pulmonary edema, or swelling of the lungs, the report said.
The report said Pico had multiple rib fractures, possibly from efforts to resuscitate him. There were superficial injuries to the head but no severe injury to the brain, the report said.
Jackson said Pico was involved in a confrontation with the bouncers outside the club at about closing time.
He said police were not releasing information about the cause of the confrontation and does not know who the third person is described in the coroner's report.
At the time of his death, Pico had been just elected to his first term on the seven-member Pechanga Tribal Council in July.
The council sets policy and administers programs for the tribe, which operates the Pechanga Resort and Casino outside Temecula.
Reach Herbert Atienza at 951-763-3464 or hatienza@PE.com