Home California Bill to Ban Police Use of Restraints that Cut Off Oxygen Passes Assembly Floor

Bill to Ban Police Use of Restraints that Cut Off Oxygen Passes Assembly Floor

by ECT

Sacramento, CA – With a 49-5 vote, AB 490 passed the Assembly floor Wednesday. Authored by Chair of Select Committee on Police Reform, Mike A. Gipson (D-Carson), AB 490 seeks to ban law enforcement from using restraint that causes positional asphyxia.

“Last year, we witnessed the death of my API Brother, Angelo Quinto, a Navy veteran, who was tragically killed by police when an officer knelt on his neck for nearly five minutes,” said Gipson. “We need to make sure all methods of restraining someone do not turn unnecessarily deadly!”

Positional asphyxia is a deadly condition that can occur when a person being restrained cannot get enough oxygen. This also includes the “knee to neck” restraint, a technique that led to the death of George Floyd.

“My bill still allows officers to protect themselves in life-threatening situations, but it does not allow them to cut off anyone’s airway” stated Gipson. “The circumstances of Angelo Quinto’s death are a stark parallel to George Floyd’s, which both exposed loopholes in use-of-force policies.”

AB 490 is an extension of AB 1196, landmark legislation authored by Assemblymember Mike A. Gipson. AB 1196 was signed by the Governor in 2020 and bans law enforcement from using the same kinds of chokeholds that killed George Floyd. The current statewide use-of-force policy now prohibits law enforcement from using any type of chokehold, including carotid restraint.

“AB 490 will create a uniform statewide policy on restraints that cause positional asphyxia to make sure these restraints are no longer uses,” said Gipson.

The bill is now headed to the Senate Public Safety Committee and is sponsored by the California Faculty Association.


Back in March, Antioch Police Chief Tammany Brooks held a press conference and released both the 9-1-1 tapes and radio traffic from officers.

“According to preliminary results of an investigation, at one point during the hand cuff, an officer did briefly for a few seconds have a knee across a portion of his shoulder blade which is a common control technique taught California POST,” stated Brooks. “At no point, did any officer use a knee or any body part to gain leverage or apply pressure to Angelo’s head, neck or throat which is outside of our policy and training.”

Fatal incident protocol was initiated where the  Contra Costa County District Attorney’s office led the investigation. Ultimately, Angelo was admitted to the intensive care unit and remained in their care for 3-days before informed of his passing.

Brooks released details from multiple pathologists relating to their findings.

  1. Although Angelo had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
  2. There were no fractures of the skull, torso, or extremities.
  3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
  4. They are currently expanding toxicology testing because they were aware of reported past drug use.

Brooks stated a public coroners inquest will provide the medical examiner to provide insight into the medical cause and manner of death—the hearing has yet to be scheduled.  A third-party investigation is in process for this case to determine if any violation of departmental policies occurred.

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1 comment

The Truth Jun 3, 2021 - 2:46 pm

Just another uninformed politician that knows nothing about nothing.

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