Kane County State’s Attorney Jamie Mosser announced today that her office will not pursue charges against North Aurora police involved in the in-custody death of Jorge Valerio Martinez, according to a news release.

The investigation determined law enforcement did not cause Martinez’s death, the release stated.

“This was a tragic loss for Mr. Martinez’s family, and they remain in my thoughts,” Mosser said in the release. “The officers followed the law and departmental policy, acted quickly to summon medical aid, and immediately rendered assistance.”

North Aurora police stopped Martinez, 49, of Aurora, on May 2 for a license plate violation, then determined that he was intoxicated, the release stated.

The officer arrested him for driving under the influence, handcuffed him and took him to their department a few minutes away. When the officer opened the door, Martinez said he needed to go to the hospital as he had a heart stent, the release stated.

The officer radioed for paramedics and then was assisted by a second officer. When they asked Martinez to sit up, he collapsed inside the vehicle, according to the release.

They took him from the vehicle, removed his handcuffs and began life-saving measures while waiting for paramedics. Martinez was taken to Mercy Hospital in Aurora where he was pronounced dead less than an hour later, the release stated.

A Kane County Coroner’s autopsy determined that Martinez died from coronary atherosclerosis – coronary artery disease – with cocaine intoxication as a significant contributing factor, the release stated.

They diagnosed Martinez with coronary atherosclerosis, multiple stents, myocardial fibrosis, pulmonary edema, cerebral edema and cocaine intoxication.

His blood alcohol content was measured at 0.023, according to the release.

Martinez’s family told investigators that he had a history of heart problems but had stopped seeking medical treatment a few years ago due to lack of health insurance, according to the release.

After reviewing the evidence, Mosser concluded that the officers acted lawfully and appropriately under Illinois law and North Aurora police official policy.

Mosser said police:

• Had probable cause for the arrest

• Used only minimal force

• Immediately summoned medical help when Martinez requested it

• Provided life-sustaining aid until paramedics arrived

Mosser commended both officers for doing what she said was everything that they could to save Martinez’s life and thanked them for their service.

“Thank you to the Major Crimes Task Force for their thorough investigation into this matter. This investigation is now closed with no finding of wrongdoing by either officer,” Mosser stated in the release.

North Aurora Police Chief Joe DeLeo said in the release that, “Our police department strives to treat everyone we encounter with respect and make sure they get the attention and help they need.”

“We’re saddened by the recent incident, but remain committed to responding to the needs of those in our care,” DeLeo stated in the release. “We also appreciate the State’s Attorney’s Office for their time and assistance on this case.”