Autopsy: Man died from cocaine intoxication while in Joliet police custody, officers face no charges

A Crest Hill man died from cocaine intoxication at a hospital and the Joliet police officers who briefly handcuffed him for erratic behavior will face no charges over the incident.

David Malito, 39, of Crest Hill, died on Dec. 25, 2024 from cocaine intoxication, according to a Jan. 16 autopsy report from a forensic pathologist for the Will County Coroner Laurie Summers’ Office.

The forensic pathologist reached that conclusion after considering the circumstances surrounding Malito’s death, his medical history, his autopsy and a toxicology report.

The Will-Grundy Major Crimes Task Force was assigned to investigate the incident. Will County State’s Attorney James Glasgow’s Office reviewed the investigation.

“They reviewed it and determined no charges would be filed against the involved officers as the coroner ruled the death an accident due to cocaine intoxication,” said Kevin McQuaid, the task force director.

The only external injuries to Malito’s body were abrasions on both knees, as well as bruises and abrasions to the right elbow and left wrist, according to the forensic pathologist’s report.

Malito had past visits to a hospital for “cocaine abuse” and his most recent visit was in August 2023, according to a case report from the coroner’s office.

The incident leading to Malito’s death began at 4:25 a.m. Dec. 25, when officers responded to a gas station after Malito made a 911 call claiming “someone had pulled a gun on him and was trying to kill him,” according to a statement last year from Joliet police officials.

Officers found no evidence at the time to support Malito’s claim, police said.

Malito was exhibiting “erratic behavior,” making irrational statements and appeared to have been under the influence of an “unknown substance,” police said.

Paramedics had been sent to the gas station for a “psychiatric evaluation” of a person “acting erratic in [a] parking lot,” according to Joliet Fire Department paramedic report.

“Moments prior to arrival, crew was informed by dispatch that the [patient] was detained by [officers] and no longer breathing,” according to the report.

The crew arrived to find Malito unconscious, struggling to breathe, and “prone on the pavement, head turned right and his hands cuffed behind his back.”

“[Officers] stated he was acting erratic, not making sense and sweating [profusely]. [Officers] stated the [patient] became aggressive with them, requiring them to detain him on the ground,” according to the report.

After officers handcuffed Malito, they saw he was “purple in color and not breathing,” according to the report. Officers said they administered the anti-overdose medication Narcan to Malito.

Paramedics were dispatched to the scene at 4:31 a.m., arrived at 4:36 a.m., provided Malito emergency care and took him to Prime Healthcare Saint Joseph Medical Center at 4:51 a.m., according to the report.

At 5:14 a.m., Malito was declared dead at the hospital, according to the coroner’s office.