Nerheim clears Waukegan officers of responsibility in overdose death

Following an investigation, Lake County State's Attorney Michael Nerheim concluded that Waukegan police officers were not responsible for the death of a 31-year-old man who died while fleeing capture in June.

Waukegan resident Avion C. Cotton died after ingesting lethal levels of fentanyl, cocaine and heroin on June 27, according to toxicology reports cited in Nerheim's letter, which was published Friday.

Nerheim said Cotton swallowed two bags of cocaine laced with fentanyl, which weighed a total of 38 grams, before he could be apprehended by Waukegan police officers.

Nerheim said footage from officers' body cameras, which was published Friday on the city's website, shows that while Cotton was running, his shorts slipped down and he tripped.

"There is no indication that the officers deployed a Taser or any other defensive device, choked, abused or tripped Mr. Cotton," Nerheim said. "In fact, one of the officers can be seen and heard pleading with him to spit out whatever he had ingested."

The officers called paramedics, but they were unable to resuscitate Cotton.

"I do not find that any of your officers acted contrary to the law and consider this matter closed," Nerheim said.