Cincinnati NAACP officials say police used excessive force in subduing a black man on November 30th and must share responsibility with the victim for his death in custody. Cincinnati chapter President Calvert Smith said today that an independent assessment by a forensic pathologist concluded that Nathaniel Jones died of asphyxiation. Smith says Jones bears some responsibility in the videotaped fight because he had consumed drugs that could produce combative behavior. But Smith says police willingness to strike Jones with batons was part of what Smith called a continuing pattern of Cincinnati police use of excessive force against black men. The Hamilton County prosecutor said an investigation persuaded him that police committed no crimes.