Phoenix approves $5 million settlement for 'I can't breathe' death in police custody

The Phoenix City Council approved a $5 million settlement to the family of Muhammad Abdul Muhaymin Jr., who died while Phoenix police attempted to detain him outside a public restroom in 2017.

Muhaymin tried to take his dog with him to a bathroom at a city community center in west Phoenix when police were called and discovered he had an outstanding warrant. At least four officers got on top of him with some putting their knees on his neck and head.

"I can't breathe," Muhaymin is heard saying several times in police body camera footage. When officers eventually got off him, Muhaymin had no pulse, according to comments from officers in the video, and lay in a pool of his own vomit.

He was 43, unarmed and Black. None of the 10 officers connected to Muhaymin’s death was charged.

Vice mayor: Muhaymin deserved better help than city gave

Before the vote on Wednesday, Vice Mayor Carlos Garcia commented that the money wasn’t justice for Muhaymin’s family but could help them avoid some of the hardships he had faced.

“Justice would have been for Muhammad to have had housing and resources,” Garcia said. “He was living without shelter and without the support we needed to give everyone. In order to care for all of the constituents, we need to provide housing, behavioral and mental health resources and other programs instead of only turning to enforcement.”

Garcia said Muhaymin’s family told him that they seek accountability for what happened. Garcia also asked the Maricopa County Attorney’s Office to reopen the case for further investigation.

Councilmember Betty Guardado also voiced her support for the settlement while noting that it couldn’t erase what transpired.

“Nothing we do as a council can ever undo what they’ve been through,” Guardado said. “We must continue to prioritize accountability and transparency, as well as services and support for those who need it in our community.”

The council approved the settlement 7-2 with Councilmembers Sal DiCiccio and Jim Waring voting no.

Muhaymin family attorney cites Justice Department probe

The settlement comes several years after Muhaymin’s sister, Mussalina Musaymin, filed a $10 million lawsuit in the U.S. District Court in Arizona.

David Chami, a civil rights attorney representing Muhaymin's family, told The Arizona Republic that while the settlement ends the civil suit, there's still more to be done.

"The Department of Justice is here investigating the city's police practices in relation to their treatment of the unsheltered and people with mental health issues," Chami said. "Muhammad Muhaymin had both. He was both transient and had mental health issues."

Chami said he hopes federal investigators will look more deeply into the case and bring criminal referrals against the officers involved in Muhaymin's death. Chami said he'd like to see the Maricopa County Attorney's Office reopen the case as well, but doesn't expect that to happen.

"It's difficult to ask the County Attorney's Office to investigate the police officers that they rely on so much for their work as prosecutors," Chami said. "And so we believe that there should be an independent agency evaluating the conduct and prosecuting it if the conduct warrants prosecution."

Chami said he believes the evidence available supports prosecution of at least a few of the officers involved.

'When my brother loved, he really loved': Sister of Muhammad Muhaymin shares his story

Eric Naing, a spokesperson for the advocacy group Muslim Advocates, told The Republic the settlement didn't negate what happened to Muhaymin and is hopeful that court records expected to become unsealed in December will reveal more details on what happened.

"The City of Phoenix, the Phoenix Police Department and Maricopa County have consistently worked to protect the officers who killed Muhammad Muhaymin Jr. from any accountability whatsoever," Naing said. "This settlement does not change that fact. The Muhaymin family still has not received the justice that they are owed and the public still has not been told exactly how and why Phoenix police officers killed a Black, disabled Muslim man and mocked his faith before he died."

More about the case: Judge rules to unseal court records in 2017 police-custody death of Muhammad Muhaymin Jr.

Reach the reporter Perry Vandell at 602-444-2474 or perry.vandell@gannett.com. Follow him on Twitter @PerryVandell.

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This article originally appeared on Arizona Republic: Phoenix approves $5 million settlement in fatal 'I can't breathe' case