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

Cpl. Jennifer Bailey said Friday that the state medical examiner determined that 26-year-old Robert Saylor of New Market died of asphyxia Jan. 12.

Saylor had Down syndrome.

Bailey says he died after resisting arrest by three deputies at a Frederick movie theater. An employee had called police because Saylor wouldn't leave his seat after a movie.

Bailey says Saylor cursed at the deputies. She says he became medically distressed while they were escorting him in handcuffs from the theater.

Bailey says the evidence will be given to the state's attorney's office for review after the investigation is complete.

Meanwhile, all three deputies remain on regular duty.