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Medical Examiner: Death of man in SAPD custody a homicide

Jose Franco, 25, died July 8

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SAN ANTONIO – The Medical Examiner Friday ruled the death of a theft suspect a homicide.

Jose Franco, 25, died July 8 after a San Antonio police officer chased him from a store where he was suspected of stealing.

Police have said one officer used a stun gun and pepper spray on Franco, and also hit the suspect with a baton.

Another officer helped subdue Franco, who had an elevated heart rate requiring CPR.

Franco died about two hours after the confrontation at a hospital. Two investigations, one by the Homicide Unit and another by Internal Affairs, are currently underway.

"At this point in the investigations it appears as if all administrative procedures were complied with and it doesn't appear that there's any criminal activity on the part of the officers at all," said Sgt. Javier Salazar with the San Antonio Police Department. "The word homicide does not denote criminal activity. It's a manner of death and in this case it was determined to be the manner of death of this suspect."

Both officers involved in the incident remain on regular duty.

Results from both investigations will be turned over the District Attorney's Office and they will determine if any charges will be filed.