The death of a mentally disabled man in police custody has been ruled a homicide, the Frederick County Sheriff's Office said Friday.



The Maryland state medical examiner determined that 26-year-old Robert Saylor of New Market, who had Down syndrome, died of asphyxia last month.



A police spokesperson said Saylor died after resisting arrest by three deputies at a the Regal Cinemas Westview Stadium 16 in Frederick. An employee had called police because Saylor wouldn't leave his seat after a movie shortly after 11 p.m. on Jan. 12.



Bailey says Saylor cursed at the deputies, and then began having a medical emergency as deputies began to escort from the theater in handcuffs.



Deputies immediately removed the handcuffs and called for emergency medical services, authorities say.



Evidence will be given to the state's attorney's office for review after the investigation is complete. The Frederick County Bureau of Investigation is still conducting follow-up interviews with witnesses. Meanwhile, all three deputies remain on regular duty.