Man's death in Lumberton under investigation

KFDM News has learned the F.B.I, the Texas Rangers and the Lumberton Police Department are investigating the death of a man who was involved in struggle with police early Thursday morning.

Read Bill Leger's 6 and 10 p.m. report about the case at the bottom of the page

Justice of the Peace Vi McGinnis has ordered an autopsy, including toxicology tests which could take several weeks, to determine the cause of death of Kevin LaDay, 35.

LaDay's mother, Sandra LaDay, tells KFDM News she believes officers beat her son and killed him, but Lumberton Police Chief Danny Sullins strongly denies the allegations. He says two officers were involved in a struggle to get LaDay into custody and he became unconscious. Sullins says the officers used a Taser at least once to restrain LaDay because he continued to struggle with them. He says they never struck LaDay with their fists and were only trying to hold onto him and get him into custody.

Sandra LaDay says Quanell X and the New Black Panthers out of Houston plan to march in Lumberton Monday to protest the death.

The F.B.I. has launched a civil rights investigation into the death.

Chief Sullins tells KFDM News the case began when his department received several calls early Thursday morning about a car in a ditch on Pine Burr Loop near Highway 96.

Sullins says officers responded at about 3:30 a.m. to the area, which is near a nursing home, and arrived within minutes.

"Shortly after arriving they found a 35 year old man walking in the area near the credit union," Chief Sullins told KFDM News.

"Officers spoke with him and while they were talking with him he ran away toward the highway. They tried to take him into custody. There was a struggle lasting several minutes. They used a Taser."

Sullins isn't sure if they had to deploy the Taser more than once. He says officers didn't hit LaDay and didn't beat him.

"They didn't beat him and didn't use a choke hold," said Sullins. "They were trying to hold onto him and get him into custody. They didn't strike him. They handcuffed him in front. He was on the ground the entire time. He then became unconscious. EMS was called to the scene. They did CPR and he was then taken to Christus Hospital St. Elizabeth. Justice of the Peace Vi McGinnis pronounced him dead later this morning."

Chief Sullins says the case is under investigation by his department and several other agencies.

"The F.B.I. agent in charge of this area said they'd be investigating," said Sullins. He said he got a call from someone. I asked the Texas Rangers to investigate. I welcome an outside investigation. I want transparency."

Hardin County Sheriff Ed Cain tells KFDM News two of his deputies responded to a report of an officer needing assistance.  Sheriff Cain says to his knowledge there is no evidence LaDay had been beaten.

Sullins says this is the first time someone has died while police were trying to detain them since he has been with the department.

"I've been with the Lumberton Police Department for more than 20 years and we've never had this happen," said Sullins. "I've been Chief for 1 1/2 years and we've never had use of force complaints. I'm so proud of my officers because of that. It's a tough job."

He says the two officers remain on duty.

"I feel badly for the man's family," said Chief Sullins. "Any time something like this happens we're saddened for the family. No one wants this to happen. No one more than the family, certainly. Nor would the officers want this to happen. Our job is to preserve lives and protect people. Our hearts go out to the LaDay family."

Kevin LaDay's mother and other relatives claim he was beaten by officers.

His mother, Sandra, told KFDM News he'd visited a friend's home in Lumberton. She said at 3:47 a.m. he called her and said his car had gone into a ditch on Highway 96.

"I heard the police in the background on his cell phone," said LaDay. "I heard him say 'don't do that, don't do that.' Then the phone went dead."

LaDay says she wants to know what happened between the time the phone went dead and the time he was pronounced dead at the hospital.

Sandra LaDay has received national recognition for her work with the organization People Supporting People. The Port Arthur organization helps the needy and is involved in a number of projects in the community.

The F.B.I. confirms it has opened a civil rights violation into the allegations, according to Shauna Dunlap, a field agent and spokeswoman for the Houston Division of the F.B.I.

"We've opened a full civil rights investigation to determine if any federal violation of the law has occurred," Dunlap told KFDM News.

"That is standard and routine whenever there is an in-custody death, an officer-involved shooting or similar incidents involving law enforcement use of force. It doesn't indicate any wrongdoing. The investigation is to gather the facts of the case and make that determination. Certainly opening an investigation doesn't indicate that any civil rights violation has taken place."

Dunlap says she won't speculate about how long it might take to complete the investigation.

"Each investigation is unique and we'll take the time to conduct a full and complete investigation," said Dunlap. "We'll cooperate with our local partners in doing so. The Beaumont office of the F.B.I. will be investigating."

A check of public records indicates Kevin LaDay had been arrested several times, including arrests on drug charges as well as Evading Arrest or Detention in 1993 and Obstruction or Retaliation in 1997.  He pleaded no contest to both charges and received probation.

KFDM News is investigating the case.  Stay with KFDM for the latest information. 

Bill Leger's 6 and 10 p.m. report

"When my husband went into there and saw how beat up he was, it was just too much," said Sandra LaDay, Kevin LaDay's mother. "I had just talked to him at 3:47."

Sandra LaDay says the last time she heard from her son was when he called early Thursday morning to say he had run his car into a ditch in Lumberton and the police were on the scene.

"And all of a sudden he kept saying 'don't do that, don't do that,' and all of sudden the phone went blank."

LaDay says a short time later she was called to the hospital and told her son had died.

"We don't any heavy handed behavior by our officers and we don't have that here and never had any report of it," said Lumberton Police Chief Danny Sullins.

Chief Sullins tells KFDM his officers responded to a call of a car in a ditch near the Village Creek Nursing Home near Highway 96 and Pine Burr Road.

When two Lumberton officers arrived on the scene they found the car in the ditch and the driver walking nearby. When officers tried to give the man a field sobriety test they say he ran and when they tried to detain him he fought back.

Chief Sullins says after the two officers used a Taser on LaDay and two sheriff's deputies arrived to help, they were able to handcuff the 6'2", 250 pound man.

We asked Chief Sullins if LaDay was okay after he was handcuffed.

"Yes, and after that is when he became unconscious and EMS was already on the way."

But LaDay's father says he saw his son's body at the hospital and claims there was evidence he had been beaten.

"His face was swollen," said Willie LaDay. "I know when a man has been beaten up. He was a big man."

LaDay's family doesn't deny he has a long history of drug related offenses.

"He would not run from the police," said Keisha LaDay Wooten, Kevin LaDay's sister.  "He has been to jail before and he knows to just sit there and be handcuffed and not fight back."

"I've been the chief here for almost two years and we've never had that type of behavior or been accused of this type of thing," said Chief Sullins.

In addition to drug related offenses, LaDay's criminal record also shows he pleaded no contest in 1994 to charges of evading arrest.

In 1997, he pleaded no contest to charges of obstruction and retaliation.  He received probation in both cases.

Sandra LaDay has received national recognition for her work with People Supporting People, a Port Arthur organization that has been involved in a number of projects to help the homeless and other needy people in the community.