SAN BENITO — An executive session will be held during Tuesday’s city meeting to receive legal advice regarding threatened litigation arising out of the death of Ernesto Gonzalez.
Gonzalez died on November 23 at 3:12 a.m. inside the San Benito Police Department after being arrested the day before at 4:28 p.m., according to the custodial death reports from the Texas Attorney General website.
The custodial death report says Gonzalez was arrested for the charge of theft. While he was in custody, he was placed alone in a jail cell to await arraignment.
At approximately 2:55 a.m., Officer Manuel Cisneros entered the jail area to take a bathroom break and conduct a jail check, the report stated.
When Cisneros walked past the cell where Gonzalez was located, he observed Gonzalez had wrapped his shirt around his neck and was hanging from a rail in the jail cell.
Cisneros immediately notified the patrol supervisor.
Cisneros and Officer Jose Benavides cut the shirt and assisted Gonzalez to the ground.
Cisneros stated Gonzalez was limp and cold to the touch.
According to Texas Government Code Sec. 551.071, a governmental body may not conduct a private consultation with its attorney, except when it seeks advice about a pending or contemplated litigation or a settlement offer.