Courtesy: Alberta Serious Response Team
Introduction
On April 9, 2020, pursuant to section 46.1 of the Police Act, the Alberta Serious Incident
Response Team (ASIRT) was directed to investigate the circumstances surrounding the
death of a 75 year old man (the affected person – AP) who had recently been in police
custody, but died suddenly at his residence days later.
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current
investigative protocols, and in accordance with the principles of Major Case
Management. ASIRT interviewed all relevant civilian and police witnesses, obtained and
reviewed all available relevant video evidence and most importantly considered the
findings of the medical examiner.
Overview of the Circumstances Surrounding the Death of the Affected Person
On April 5, 2020, the High Level RCMP detachment received a complaint from civilian
witness #1 (CW1) that her estranged husband, AP, had forced his way into the house with
a screwdriver, and was refusing to leave.
Witness officer #1 (WO1) attended the residence and arrested AP for breach of peace. AP
resisted the arrest, so WO1 called for back-up. Additional officers attended and found
WO1 kneeling beside AP who was laying on his stomach on the ground. AP was escorted
to a police vehicle and placed in the rear. AP proceeded to strike his head several times
on the hard plastic divider that separates the back part of the police car from the front.
Once back at the detachment and placed in a cell, AP took several “runs” at the cell door.
After this, he complained of chest pain, so an ambulance was called.
AP was then released from police custody without charges and transported by
ambulance to the hospital. AP was seen at the hospital and subsequently released on
April 6, 2020. AP was picked up by his son and taken home. AP was taken by this son to
another son’s residence the following day. On April 9, 2020, this son found AP deceased.
When emergency services personnel attended the residence they were told by the son
that AP had been assaulted by police days earlier.
An autopsy was conducted on AP, and the cause of death was determined to be
Atherosclerotic Coronary Artery Disease (a heart attack).
Subject Officers
No officers were designated as subject officers in this investigation.
3
Classification: Public
Interviews
ASIRT conducted interviews with CW1, the son, the EMS attendees and all the police
officers that interacted with AP. The entire content of these interviews is contained within
the file materials. Given this, and the findings of the medical examiner, there is limited
value in setting these out in detail in this decision. Rather, the portions of the interviews
that assist with context are being set out.
CW1 told ASIRT that she gave officers AP’s “blister pack” of prescription medication. AP
had a lot of medical issues including high blood pressure, high cholesterol and a
quadruple by-pass five or six years before.
WO1 stated that AP was upset at him after he was arrested and was yelling and swearing
at him as he was escorted to the police car. Once in the rear of the police car, AP started
to bang his head on the window bars and plastic shield. AP continued to loudly protest
while being driven to the detachment. Once at the detachment and placed in a cell, AP
started running at the door, and then collapsed on the floor of the cell.
Video Evidence
The police vehicle that AP was transported in from CW1’s residence to the RCMP
detachment was equipped with a camera that recorded what was occurring in the back
seat. In the video you can hear AP swearing at the officer. The video does not show AP
banging his head against the window or plastic divider as it apparently was only
activated by WO1 after AP had done this.
The video from the cell at the detachment shows AP being brought into the cell, having
the handcuffs removed from him and the officers leaving the cell and closing the door.
Shortly thereafter, AP runs at the door and body checks it with his shoulder. He backs up
and does this four more times. After the fifth body-check, AP only takes a step backwards
before body-checking the door much less vigorously a sixth time. He then slides down
the door and lays on his back on the cell floor. He appears to then place his hands on his
chest and roll around a bit. Subsequently, paramedics and officers enter the cell. AP is
ultimately placed on a stretcher and taken out of the cell on it.
Autopsy Report
An autopsy was conducted on AP. The pathologist’s finding for the immediate cause of
AP’s death was Atherosclerotic Coronary Artery Disease. The manner of death was
medical. The report also stated, in part:
4
Classification: Public
Although there were superficial external injuries, there were no acute internal traumatic
injuries identified to cause or contribute to the death. The coronary arteries had reported
blockages of between 50 to 90 %, the heart was observed to be markedly enlarged. There
was evidence of previous heart surgeries and a pacemaker had previously been installed.
Conclusion
ASIRT was directed to investigate the death of AP given that he died days after being in
police custody, and there being an allegation that he had been assaulted by police.
The report of the OCME found that AP’s death was due to a heart attack. No other causal
factors were noted.
Given the foregoing, while AP’s death was sudden, there are no reasonable grounds to
believe that any officer(s) committed an offence(s).
ASIRT’s investigation having been completed and our mandate fulfilled, I have
concluded our file.
