BAKERSFIELD, Calif. -
23ABC continues to follow the case of a man that died following a struggle with deputies.
The Kern County Sheriff's Office says 33-year-old David Silva died after being hit with deputy batons last Wednesday.
A deputy is called to deal with David Silva allegedly drunk and passed out at the corner of Palm and Flower May 8th.
A struggle followed and deputies used their batons more than a dozen times to subdue Silva.
That’s when deputies say Silva started to have trouble breathing and was rushed to Kern Medical Center where he was pronounced dead less than an hour later.
At least two witnesses shot video of the incident on their cell phones but those were confiscated by detectives.
The sheriff's office says there is no timeline for returning the confiscated cell phones to their owners and the sheriff's spokesman says he doesn’t know if investigators have examined them yet.
Both cell phone owners have hired a lawyer.
The 7 deputies involved are still on duty.
23ABC asked the sheriff's office why and they said that is the protocol they would follow in any similar situation.
There were also two CHP officers at the scene but their names have not been released.
Monday, CHP officials said they don’t know when the officers’ names will be released.
They say the CHP car that responded to the incident was equipped with a dashboard camera but they can’t tell us what if anything the camera captured until the investigation is complete.
23ABC submitted an official records request for the video Monday.