From [HERE] JACKSONVILLE, Fla -- Charges of excessive force by police are being made by the family of Curtis James Moss, who died while in the custody of Jacksonville Sheriff's Office.

Moss, 28, was pronounced dead at a local hospital early Tuesday morning after officers attempted to restrain Moss who had earlier called for help.

The father of four, according to family attorneys, called 911 three times from the Red Roof Inn on Youngerman Circle, saying he needed help and that he had mental problems. Moss' girlfriend, Kia McKinnon, said earlier in the evening Moss had proposed to her while they were celebrating Valentine's Day.

"I just don't understand he called the police for help and then they hog tied my baby, choke him while hog tied, put their knees in his back," said McKinnon while crying.

Attorney Benjamin Crump said his staff will do a separate investigation into the incident before deciding whether to proceed with legal action.

"Why the need to punch him, why the need to choke him, why the need to put your knee in his back if he's down on his stomach hog tied?" asked Crump.

Moss, according to family attorneys, was bi-polar and was on medication and called police for help, thinking his motel room was being broken into.

The Medical Examiner's office has not yet determined a cause of death as of Wednesday morning.