Man’s death in Irving police custody ruled a homicide

The death of a man earlier this year in Irving police custody has been ruled a homicide, according to records obtained Wednesday by The Dallas Morning News, and an officer has been fired following an internal investigation.

Homer Joel Cortez Jr., 48, died on Feb. 23 after a traffic stop near North Belt Line Road and Cross Country Trail. His cause of death was listed as blunt force injuries and physical restraint “to include prone positioning,” meaning Cortez was lying on his stomach, medical examiner records show.

Ray Galvan, an attorney for Cortez’s family, wrote in a statement to The News that he believes the medical examiner’s findings validate what the family thought of his death all along.

“Homer’s death was devastating to his family, and they hope these findings move the conversation toward accountability, transparency, and meaningful review of the actions that occurred during his detention,” he said.

Irving police officials on Thursday told The News an officer was terminated May 8 over violations of “departmental policy” in connection with Cortez’s death. While the administrative investigation has been completed, police said the criminal investigation is ongoing and they are “cooperating fully” with the Dallas County district attorney’s office. 

A spokeswoman for the office acknowledged a request for information, but did not immediately provide comment

The News has submitted two requests for body-worn camera footage between Feb. 24 and March 4, which were denied by Irving police on March 6 and sent to the Texas Attorney general’s office. On May 13, the attorney general ruled the only information The News was authorized to use was the initial police news release. 

Irving police previously wrote in a statement that Cortez was being arrested for possession of narcotics when he resisted and “struggled” with officers. It was only after Cortez had been handcuffed, police said, that officers noticed he had been “injured during the altercation.” 

Cortez was taken to a Dallas hospital where he later died, the statement said. No officers were hurt during the incident.

In a sworn affidavit reviewed by The News, a woman who was in the car with Cortez when he was pulled over disputed Irving police’s account that Cortez resisted arrest.

The witness wrote in the affidavit that Cortez pulled into a Public Storage parking lot after officers activated their lights. When officers ordered both of them out of the car and asked Cortez for permission to search the vehicle, she said Cortez complied.

The woman alleged officers then grabbed Cortez by both arms, forced him face-first into the pavement and kept pressure on his back and legs while he was on the ground. She said Cortez was bleeding from his head and face, screamed that he could not breathe and complained that his chest hurt.

She also alleged Cortez was tased multiple times and that officers continued to keep him face down after he stopped making noise. 

Galvan said after reviewing the medical findings, body-worn camera footage and other provided documents, he believes “the evidence will speak for itself,” adding it raises broader concerns about police training, supervision and officers’ ability to recognize distress when using force.

Anora Cortez, the 48-year-old’s mother, said in a statement to The News that she has not been able to watch footage showing her son’s final moments. Her husband watched the footage and was “deeply disturbed” by what he saw, she said.

“The hardest part for us to understand is watching multiple officers stand around while Homer’s condition visibly deteriorated without anyone providing medical assistance,” Anora Cortez said. “Instead, they continued restraining him, shackled his legs, and stood over him as he lay helpless and dying on the ground.”

Anora Cortez said the family is seeking transparency, accountability and justice for her son.

Staff writer Timia Cobb and researchers Erin Sood, Sarah Haldeman, and Rachel Friend contributed to this report.