MOUNT HOLLY Two relatives of a Fieldsboro man with sickle-cell anemia who died after a struggle with police in 1999 recently filed a wrongful death suit in Superior Court, alleging that police actions contributed to the death of the 28-year-old.
By:Vanessa S. Holt
Fieldsboro residents Cubie Miles, mother of the late Cleathern Miles Jr., and Alvin Siler, an uncle, filed the complaint against the Fieldsboro, Bordentown City and Bordentown Township police departments in January.
The suit stems from an incident on Jan. 24, 1999, which began when Fieldsboro police responded to a call at 3:30 a.m. indicating that a man was "yelling and knocking on doors" on Third Street, according to the complaint. The complaint states that police observed Mr. Miles "wearing only his undergarments, running in the street," and the officer pursued him on foot, requesting back-up from the Bordentown City and Bordentown Township police department.
According to the complaint, Ms. Miles approached police and advised them that her son was on medication for depression and required hospitalization.
The complaint states that police told Ms. Miles she would be arrested if she did not "back away," and that she was informed that her son would be taken to the police station.
The situation was "escalated when an officer allegedly sprayed pepper mace into Mr. Miles’ eyes and face," according to the complaint.
According to the suit, police then restrained Mr. Miles and "hog-tied" him in a face-down position.
The complaint alleges that the restraining position impaired Mr. Miles’
ability to breathe. Shortly thereafter, plaintiff Alvin Siler alerted police to the fact that Mr. Miles "did not appear to be breathing or moving," according to the complaint.
Mr. Miles was transported to Robert Wood Johnson Medical Center in Hamilton at 4:15 a.m. in acute cardiac arrest, where he was admitted "in a comatose state" and was pronounced dead at 1:51 p.m. that day.
The suit seeks unspecified damages for emotional distress, medical and funeral expenses and other damages
The Register-News reported in 1999 that then-acting County Prosecutor James G. Gerrow said the cause of death had been heart and lung failure brought on by a sickle-cell anemia crisis. The condition can be "activated" by strenuous activity, Mr. Gerrow said.
Mr. Miles’ brother, Sidney, died from a sickle-cell anemia crisis in 1984 after a motor vehicle stop by Bordentown Township Police, said Mr. Gerrow.
According to Mr. Gerrow, Sidney Miles fled on foot and police found him in convulsions in a wooded area near Fieldsboro shortly thereafter.
Bordentown City Police Chief Philip Castagna said his officers had "performed their duties as they were trained to perform them," on the night of Cleathern Miles’ death.
Sgt. Fred Brown and Patrolman Joseph Collins, who no longer works in the city Police Department, responded to the call from a Fieldsboro officer working by himself.
"It was an unfortunate situation," Chief Castagna said.
"I feel very sorry for the woman and her loss," said Fieldsboro Mayor Ed Tyler. "I consider her a friend of mine. I have known them for quite a while."
The mayor said it was his understanding that police and emergency responders at the scene had acted properly.
"Personnel acted properly on information that has been provided to me. There is no reason to doubt that information," said Mayor Tyler.
"(Ms. Miles) or her attorney may see things differently and they are within their rights. I don’t criticize her for it," he said. "That’s what the courts are there for."
