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From traffic stop to fatality

12:23 AM EDT on Friday, September 7, 2007

By Karen Lee Ziner
Journal Staff Writer

PROVIDENCE — Edimar Alves De Araujo is buried now in Brazil, even as a controversy swirls about his death while in federal custody last month.

Arrested on Aug. 7 by Woonsocket police on a traffic violation, Araujo, 34, was released into federal custody after a fingerprint check revealed that he was in the country illegally. One hour and 20 minutes after entering federal custody, Araujo was pronounced dead.

His sister Irene Araujo alleges through her lawyer that Woonsocket police rebuffed her efforts to provide anti-seizure medication for her brother, who was epileptic. Woonsocket Police Chief Michael L.A. Houle says his department is not at fault, and last week released time-stamped surveillance video and police reports.

Meanwhile, at The Journal’s request, the Providence city solicitor’s office this week released audio clips from the rescue run to Rhode Island Hospital, and a printed detail call of that run.

Together, the video, audio, call log and police reports present a clearer timeline and more detailed account than previously available.

On the surveillance video, Araujo appears cooperative as he’s chained, handcuffed and escorted from the Woonsocket police station by a federal immigration agent, identified in a police report as Gary Peterson.

Standing in a hallway, Araujo removes his shoes. He turns to the wall for a pat-down. He holds his arms out as the agent chains him around the waist and handcuffs him. Appearing in no physical distress, Araujo leaves with the agent at 2:58 p.m. for the Providence office of Immigration and Customs Enforcement (ICE), typically at least a 20-minute ride.

Thirty-five minutes later, the Providence Fire Department receives the first of three calls from ICE authorities that Araujo is in dire trouble, convulsing in one of their holding cells.

An ICE agent, at the 200 Dyer St. office downtown, placed the first call at 3:33 p.m., prompting the dispatcher to send Engine 9 and Rescue 1.

Four minutes later, a different agent, who identified himself as Agent Peterson, called the Fire Department.

“You are sending a rescue down here, right?” says Peterson.

The dispatcher says an engine company and rescue are on the way.

“Okay ’cause we’ve got — he’s in seizure now.”

A few minutes later, the third call came from an unidentified woman at ICE.

“I’m at 200 Dyer Street. We’ve got a person that’s really bad. Could you get a rescue here, pronto?” she says.

“We’re on our way over right now,” says a dispatcher.

“Thank you. This is bad.”

Engine 9 arrived at 3:44 p.m., and Rescue 1 arrived five minutes later.

At 4:06 p.m., the situation was deemed a “Code 99” and “life” priority as Araujo was rushed to Rhode Island Hospital, according to the written log of that run. (The Providence Fire Department calls a Code 99 when a person has no pulse, is not breathing on his or her own, and CPR is in progress.)

Twelve minutes later — at 4:18 p.m. — Araujo was pronounced dead at Rhode Island Hospital.

Amid community outrage, a joint investigation ensued by the Office of Inspector General of U.S. Homeland Security, the ICE Office of Professional Responsibility, and the Rhode Island Office of State Medical Examiners.

The Brazilian government issued a statement saying it is pushing the U.S. government to “investigate deeply” the death of Araujo, “because it is something not so usual — especially when somebody is under the custody of police,” according to a spokesman for Brazil’s minister of external relations.

Randy Olen, a Providence lawyer who represents the family, said the case “represents a tragedy that should have and could have been avoided.” Olen said the family maintains that authorities “were put on notice that Mr. Araujo required life-sustaining medication, and the information was not acted upon, and that the failure to do so may have led to his death.”

Final answers could be months away, until toxicology and other ancillary forensic tests conducted during autopsy are completed. Chief State Medical Examiner Thomas Gilson said such test results typically take that long, and his department is working expeditiously to complete them.

“I think everybody is waiting to see how this tragedy really occurred,” said Ali Noorani, executive director of the Massachusetts Immigrant & Refugee Advocacy Coalition, a group that demanded answers at the outset.

“At the end of the day, somebody died because they were an undocumented immigrant who was detained,” said Noorani. “Those are the facts that we know.” He called it “a really sad, tragic marker” of a system that “just doesn’t make any sense.”

ICE spokesman Michael Gilhooly said, “The investigation is being actively conducted by a team of agents from the ICE Office of Professional Responsibility. The investigation will conclude when the Office of Professional Responsibility has collected all of the relevant information and evidence. ICE is not at liberty to discuss any specific details since this is an active, ongoing investigation.”

ON THE LAST DAY of his life, Araujo came into police custody at 12:20 p.m. for driving the wrong way on a one-way street, and driving without a license — a misdemeanor offense.

Chief Houle said Araujo was due to be released on those traffic violations when a fingerprint check determined that he was in the country illegally and that there was an outstanding “failure to appear” warrant for his arrest.

What happened next is partly documented by surveillance cameras — but no voices are recorded. Police witness statements provide a synopsis of events.

The lobby cameras recorded two visits by Araujo’s sister, at 2:13 p.m. and 3:28 p.m.

As Irene Araujo first waited, the police say, they were preparing to release her brother on the traffic violations. But they detained him further after the fingerprint check revealed his illegal status, and contacted ICE headquarters and asked that he be taken into federal custody.

When Irene Araujo returned at 3:28 p.m., her brother had already left for ICE headquarters.

In fact, she returned just five minutes before an ICE agent in Providence placed an emergency call, notifying the Fire Department that Araujo was convulsing in a holding cell.

A report by Woonsocket Patrolman Omer D. Boucher notes that at 2:14 p.m., he spoke with a woman (later identified as Irene Araujo) who was pacing in the lobby, and asked her “if she was all set.” Irene Araujo replied “that she was waiting for her brother,” then left minutes later.

She returned at 3:28 p.m., and “stated that her brother had seizures and took medication for the condition,” Boucher’s report states. “I informed the woman that she could contact the ICE office and that if he had medication at home for any medical conditions, she could inform ICE and take any medications he needed to their office in Providence. The woman thanked me and then left the building.”

In between Irene Araujo’s visits, local businessman Gary Fernandes visited the lobby and spoke with Lt. Kenneth M. Paulhus at 2:58 p.m., on behalf of the family.

“Mr. Fernandes told me he did not know Mr. Araujo, but he was contacted by subjects in Milford (where Araujo had lived) to check on his status,” Paulhus’ report states. The lieutenant told Fernandes that Araujo had been taken into ICE custody based on a past warrant.

“He [Fernandes] informed me that Araujo had a medical condition and would possibly be needing insulin,” presumably because he thought Araujo was diabetic. That was contrary to what Araujo’s sister would soon tell Woonsocket police: that her brother had epilepsy. Paulhus’ report states. “I immediately called ICE from my office phone and notified a female who answered the phone of this information.” (Capt. Michael Lemoine yesterday said he was unable to furnish a record of that call: Woonsocket police keep call logs only for dispatch and certain phones, such as the chief’s).

“I received a call back from ICE approximately thirty minutes later,” Paulhus wrote. “The caller asked if we had any medical problems with Mr. Araujo. I told the caller we did not, and informed them that I had called earlier about the possible medical problem. The caller stated Araujo had become stricken in their custody.”

kziner@projo.com

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