Andrew Joseph Francisco, 36, Died in Police Custody Following Arrest In Delano near Cecil Avenue and Kensington Street
DELANO, CALIFORNIA (May 19, 2026) – A 36-year-old man identified as Andrew Francisco has tragically died after being taken into custody in Delano near Cecil Avenue and Kensington Street.
Kern County officials are saying that the incident began on May 9. Andrew Francisco became unresponsive while he was in police custody.
Paramedics were called to the scene of the incident to help the victim. Andrew Francisco was transported to Adventist Health Delano to receive additional care.
Despite life-saving measures, Andrew Francisco was pronounced dead around 3:42 p.m. that same day. A full investigation into the cause of the death remains ongoing at this time.
Liability for Kern County In-Custody Deaths
When the police assume control over a person’s autonomy, certain constitutional standards will apply. Liability for any in-custody death will often turn on whether or not police officers used reasonable levels of force. Another important matter to consider is whether or not officers ignored signs of medical distress. Police officers have a legal obligation to provide people with timely medical assistance whenever a suspect is showing signs of serious stress. There are many ways that a police department may have contributed to the death of someone in their care.
- Tasers: Police officers may have overused less-lethal options like tasers and pepper spray. Tasers can be particularly deadly if a person is going through serious medical distress.
- Positional Asphyxia: Police officers may have caused positional asphyxia by placing a suspect on their stomach or in a prone position while using their own body weight to pin a person down.
- Strikes: Police officers may have caused extensive physical or neurological trauma by repeatedly striking a suspect.
- Delayed Medical Care: Police officers may have ignored a suspect’s request to receive medical assistance.
- Warning Signs: Police officers may have ignored clear warning signs that a suspect was overdosing or in the middle of some other type of serious medical emergency.
Every person that is suspected of a crime has certain constitutional rights that must not be violated. Failing to give any inmate or person in police custody appropriate medical care is considered a violation of their right to due process and equal protection under the law. When police officers failed to take reasonable measures to help someone in serious medical distress, this could form the basis of a constitutional claim. In particular, police officers must not act with deliberate indifference to a serious medical condition of the person they are tending to.
Steps to Take After Kern County Inmate Deaths
Far too many people are seriously injured or killed every year during encounters with the police. A large portion of these deaths involve people who are struggling with severe mental illness. According to the Treatment Advocacy Center, “Where official government data regarding police shootings and mental illness have been analyzed – in one U.S. city and several other Western countries – the findings indicate that mental health disorders are a factor in as many as 1 in 2 fatal law enforcement encounters.” It is important that certain actions are taken after any person dies in police custody.
- Medical Records: All of the medical records related to the person’s death should be collected.
- Independent Autopsy: An independent autopsy may need to be performed depending on the circumstances of a person’s death.
- Body Camera Footage: All of the body camera footage from responding officers should be collected and carefully reviewed.
- Independent Investigation: The family of any person who died in police custody should seek an independent review by a team experienced in constitutional law and civil rights claims.
In-custody deaths are often highly preventable. They tend to involve police officers who were either unwilling or unable to properly de-escalate encounters. In other situations, police officers may not have the appropriate training to recognize the signs that a person is in clear distress and needs immediate medical care. Victims of police misconduct are protected by a number of laws. In particular, the family of any person who died due to the excessive force or misconduct of law enforcement is able to seek some measure of accountability through a civil action.
Investigating Kern County In-Custody Deaths
We at Carrazco Law extend our deepest condolences to the family of Andrew Francisco. Any person who may have more information about what happened should reach out to the police. There needs to be a thorough investigation into what went wrong. Many questions remain unanswered at this time. Is there any history of misconduct with the officers involved in the incident? How quickly was the victim provided medical care after they went into distress?
Do you need more information about a Kern County in-custody death? Our team of civil rights advocates is here for you. We care deeply that victims of police misconduct are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into a particular incident, we are here to serve your needs. You can reach out to us anytime at (800) 541-3244.
