Muskogee County DA Clears Warner Police In Death Of Man In Custody

The Muskogee County District Attorney says four officers were justified in the force they used on a man who died in custody.

The DA’s report, obtained on Thursday, says David Lynch fought with officer Michael Shamblin who stopped him after Lynch’s vehicle got stuck in a ditch.

Part of the report describes the physical altercation between Lynch and the officer.

Officer Shamblin asked Lynch numerous times to get out of the road and step to the back of his car where it was safe. Lynch eventually complied and while Officer Shamblin was questioning him, Lynch began mumbling incoherently. Officer Shamblin leaned closer to Lynch to hear him, and Lynch punched him in the face. A struggle ensued, and Lynch hit Officer Shamblin several more times in the face until Lynch was taken to the ground.

The two rolled around on the ground and eventually Officer Shamblin got on top of Lynch and was trying to control his hands. They ended up in a ditch – their heads were facing up hill and their knees and feet were in the ditch; both men were wet and muddy.

It says that Lynch broke the officer’s eye socket, bit another officer and grabbed the gun of another. They said he yelled for witnesses to attack the officers but none did.

The report says Lynch stopped breathing after being tasered.

Some of the incident was caught on video and shows his airway never was obstructed.

The medical examiner says Lynch had high blood-alcohol content and meth in his system.

Lynch's family has filed a wrongful death lawsuit against the departments involved in his death.

7/27/2015 Related Story: ME: Man In Warner Police Custody Died From Asphyxiation

4/4/2015 Related Story: Sheriff: Man Who Died After Being Tasered Broke Warner Officer's Eye Bone First