D.A. says deputies not liable

District Attorney Stephan Passalacqua announced on Dec. 28 that his office has concluded its review of the investigation into the death of Michael Stanley Tolosko and has determined that the Sonoma County Deputy Sheriffs involved in the Dec. 7, 2005, incident are not criminally responsible for the death.
The following is from a statement issued by the D.A.’s office:
Two deputies were dispatched to a city of Sonoma residence in response to a 911 call from Tolosko’s mother because she claimed her son had not taken his psychiatric medication and was acting strangely. When the deputies arrived she told them that her son had not slept in 10 days and was out of control.
When the deputies entered the residence and attempted to give assistance, Tolosko attacked the deputies without provocation, said a press release from the district attorney’s office. He used a closed fist to strike one deputy in the face. The deputies had to deploy tasers in an effort to subdue him. Tolosko continued to violently struggle, swing and kick at the deputies before they were able to control him. Two additional deputies arrived thereafter. When he was carried from the residence, the deputies noticed Tolosko was unconscious and CPR measures were immediately started.
Paramedics responded, continued CPR efforts and transported Tolosko to Sonoma Valley Hospital where he later died. The sheriff invoked the county-wide Employee Involved Fatal Incident Protocol and detectives from the Santa Rosa Police Department conducted the investigation into Tolosko’s death.
After conducting an autopsy, Dr. Kelly A. Arthur concluded that Tolosko died of cardiorespiratory arrest, due to agitated psychosis, due to psychiatric illness.
A review of the investigation by the district attorney concluded that the decedent attacked the deputies without provocation, the deputies used reasonable force in protecting themselves under the circumstances, their subsequent efforts to render medical assistance were appropriate, and there was no evidence of criminal negligence on behalf of the involved deputies.