Was excessive force used when Trooper Broad applied pressure to Weigel's upper body with his knees while Weigel was lying face down and by keeping Weigel in a face-down position?
At 7:50 a.m. Bruce Weigel struck Wyoming State Trooper Broad's patrol car from the rear on I-25. Weigel careened to the other side of the highway. Weigel told the troopers he did not need medical attention and blamed the accident on his car's faulty steering linkage. While producing his vehicle documents, Trooper Henderson smelled alcohol on Weigel's breath. Weigel agreed to perform a field sobriety test. As they approached the Interstate to return to Trooper Henderson's patrol car, a van approached; the Trooper told Weigel to step back. Weigel walked forward and was struck in the chest by the passing van's sideview mirror. At 7:54 a.m. Trooper Broad radioed for an ambulance. Weigel continued trying to cross the Interstate and other witnesses described his behavior as bizarre and erratic. Concerned for Weigel's safety, Trooper Henderson wrestled him to the ground in a ditch alongside the highway. Weigel fought vigorously. Trooper Henderson put Weigel in a choke hold but Weigel continued to resist and fight, even after being handcuffed. A bystander lay across the back of Weigel's legs. The troopers maintained Weigel in a face down position. Trooper Broad applied pressure to Weigel's upper body, including his neck and shoulders, by using either one or both knees and his hands. Weigel was bound with plastic cord. Weigel ceased to struggle, as Trooper Henderson went to radio in a dispatch. Before 8:00 a.m. Weigel stopped breathing and went into cardiac arrest. Attempts to resuscitate him were unsuccessful. The autopsy revealed the most likely cause of Weigel's death was mechanical asphyxiation caused by inhibition of respiration by weight applied to the upper back.
What will be an ideal response?
Question 2
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