An internal investigation cleared deputies of the death.
BAKERSFIELD, Calif. - Its been one year since a Bakersfield man died after fighting with Kern County deputies.
David Silva was 33 years old when died May 8, 2013.
Deputies had been called to the corner of Flower and Palm that night on a report of a drunk man.
Deputies found Silva passed out on the sidewalk.
As seven Kern County deputies and CHP officers tried to arrest Silva they say he resisted and he was hit repeatedly with batons.
Deputies cuffed Silva and put him in a restraint that immobilizes a suspects feet. Thats when Silva stopped breathing. Silva died at the hospital.
A year later Silva's family says they are still seeking justice.
Investigations by both the sheriff's office and the district attorney cleared deputies.
The family hopes a federal investigation will bring different results.
They have also filed a wrongful death suit.
The family is holding a rally in front of the courthouse from 4 to 6 pm today.
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