Suspect's Death Ruled Accidental : Investigation: The Fullerton man who put a headlock on the victim--who allegedly stole some beer--will not be charged, prosecutors say.

Suspect’s Death Ruled Accidental : Investigation: The Fullerton man who put a headlock on the victim--who allegedly stole some beer--will not be charged, prosecutors say.

By DAVID REYES

Dec. 31, 1994 12 AM PT

TIMES STAFF WRITER

SANTA ANA — The Orange County district attorney’s office will not file charges against a Fullerton man who put a headlock on an alleged thief trying to escape with a 12-pack of beer and who died during a struggle, prosecutors said Friday.

Mitch Gohman, 42, a former Marine, chased down Cipriano Martinez Vasquez, 27, as Vasquez was running from a Fullerton store in October. Gohman put Vasquez in a headlock and yelled for bystanders to call police. Vasquez died during the struggle.

Deputy Dist. Atty. Robert Molko said an autopsy showed that Vasquez--who apparently lived on the streets--died of heart failure caused by “heart irregularity.”

There may have been other contributing factors in Vasquez’s death, including an enlarged heart and a blood-alcohol level of .30%, nearly four times the legal limit for driving, Molko said.

“Heart failure was caused by a heart irregularity, which was caused by stimulation of tissues around the carotid arteries” in the neck, Molko said in a prepared statement. “Some people are more sensitive to this type of stimulation than others. It is not possible to know in advance who will be so affected.”

Vasquez’s death appears to be the result of excusable and justifiable homicide under the law, Molko said.

The coroner’s office classified the death as accidental.

“We feel this is a very fair and just decision,” said John Alexander, Gohman’s attorney. “I would say that what Mitch Gohman did was uncommon for this day and age. But I would like to express our condolences to Mr. Vasquez’s family. . . . It was just an unfortunate incident. Mitch saw a crime in progress and did his very best to thwart it and apprehend the person involved. It’s unfortunate that a man died over such a seemingly minor theft.”

Neither Gohman nor the relatives of Vasquez could be reached for comment.

According to a police investigation, Vasquez had entered a convenience store Oct. 11 and allegedly tried to steal a 12-pack of beer. Gohman, an unemployed aviation mechanic at the time, was a regular customer at the store.

Gohman jumped in his car and chased Vasquez after being urged to do so by the store owner. When he caught up with Vasquez, the suspect swung the beer at Gohman, who sidestepped to avoid getting hit.

Gohman put Vasquez in a headlock and wrestled him to the pavement. He then yelled for bystanders to call police. Vasquez never said anything during the altercation, Gohman later told police.

Gohman later realized that Vasquez’s lips were bluish-gray, that his mouth was foaming and that he had lost consciousness, he told police. He then tried to resuscitate Vasquez but to no avail, police said.

In an earlier interview, Gohman said that had Vasquez not put up a struggle, he would have let him out of the headlock and they both could have waited for police.