Heart tumour, not Taser, killed teen: Judge

July 14, 2016
Dean Pritchard, Winnipeg Sun

Michael Langan, 17, Winnipeg, MB - July 22, 2008 - tasered 1 time - 2010 autopsy report concluded Langan's death was caused by a heart arrhythmia BROUGHT ON BY Taser shocks.  July 22, 2016 coroner's inquest attributes Langan's death to heart tumour called a hamartoma (first time I've ever seen "hamartoma" as a cause in a taser-related fatality) and a blood-alcohol level of .178.  Please see http://truthnottasers.blogspot.ca/2010/03/taser-killed-canadian-teen-michael.html

Michael Langan did not die as the result of being shocked by a police Taser, but from a unique combination of factors no one could have predicted, a judge ruled in an inquest report released Thursday.

Langan, 17, was shocked by a Taser and suffered a fatal heart attack following a confrontation with police July 22, 2008, on a William Avenue back lane near the National Microbiology Lab.

An inquest heard police were responding to reports of a suspect breaking into cars when officers pulled up within five feed of Langan, not knowing he was armed with a knife.

Officers testified Langan ignored their demands to drop his knife and was standing just an arm's length away from an officer still seated in the cruiser when the officer fired his Taser at Langan.

Langan fell to the ground, not breathing and unresponsive. Paramedics called to the scene could not resuscitate him and he was pronounced dead at hospital.

An autopsy revealed Langan had a rare, undiagnosed heart tumour called a hamartoma and a blood-alcohol level of .178. A doctor testified the heart tumour -- combined with alcohol, stress and exertion -- has been previously associated with sudden death.

"The death of such a young man was tragic, but nothing in the actions of the police or paramedics contributed to the death," Judge Killeen wrote in the report.

"The combination of stress, exertion and the hamartoma all contributed to the cardiac arrest," Killeen said. "The Taser is not a lethal force option like a handgun. No one could be expected to know that a person with a knife might also have a rare heart tumour."

Killeen said the police officer's use of the Taser was justified in the circumstsances.

"There's no explanation for why Mr. Langan did not drop the knife or flee," Killeen said. "The use of the Taser was appropriate given the threat presented and the failure if Mr. Langan to respond to the police by dropping the knife."

Killeen offered no recommendations to prevent similar incidents from happening in the future.

Parents tell Taser inquest they hope son's death will bring change

July 19, 2013
Diana Mehta, The Canadian Press

MIDHURST, Ont. -- There's no doubt Aron Firman's death moments after he was Tasered by police was tragic -- all parties at the inquest examining the case of the mentally ill Ontario man agreed on that point.

But just how much of a role the electric stun gun played in the 27-year-old's death was the subject of much contention Friday before a jury retired to deliberate what's been described by Ontario's top pathologist as an "index case."

"There's clearly controversy around this case...specifically around the cause and manner of Mr. Firman's death," presiding coroner William Lucas said in his charge to the jury.

"The circumstances of the death of Mr. Firman have raised some questions."

Firman, a man with schizophrenia, died in June 2010 after an encounter with Ontario Provincial Police in Collingwood, Ont. Ontario's police watchdog cleared the officers of any wrongdoing, but said the Taser's deployment caused Firman's death.

Lucas suggested there were two possible ways to characterize Firman's cause of death -- "accidental," as Firman's family has suggested, or "undetermined," as Taser International has argued.

As he urged the jury to weigh all the evidence and testimony that has come before them, he warned the five-member panel not to resort to an "undetermined" cause of death as a matter of convenience.

"Finding a manner of death of "undetermined" should not be used simply as a means to avoid having to reach a conclusion which may be unpopular," he said.

The inquest, which has been sitting intermittently since April, has heard vastly different testimony from experts. Some have suggested that the use of a Taser on Firman was a key factor in his death. Others argued the stun gun had little to do with the fatality.

Firman's parents, who have maintained that their son would be alive if it hadn't been for the Taser, said they wanted his death to be a catalyst for change.

"I hope with all my heart that Aron's death will not be for nothing," father Marcus Firman said as he choked back tears. "My hope would be to come away from the inquest with a vision on how to go forward with dealing with mental illness."

Aron Firman was described by his father as a gentle, artistic and inquisitive man who was keenly aware of his "terrible illness." Both parents said their son's loss had left an aching void in their lives.

The lawyer for the Firman family suggested the jury deem Firman's death an accidental one in which the Taser was an important factor.

His argument was based largely on previous testimony from Dr. Michael Pollanen, Ontario's chief pathologist, who conducted Firman's autopsy and found the Taser was the "most immediate factor" in his death.

"If you find that the Taser was related in that death...the world will not end," lawyer Sunil Mathai told the jury.

"If you make that finding, you're not standing alone on that. You're standing with the chief pathologist of Ontario -- a man recognized worldwide as a leader in pathology."

Mathai also assured the jury that Firman's family was not seeking an eradication of Tasers.

"The family takes the position that Tasers have proper place in policing," he said. "This is not a Spanish Inquisition into Tasers. We are not seeking to remove them."

Meanwhile, the lawyer representing Taser International has suggested Firman could have died from cardiac arrhythmia brought on by "excited delirium" -- a condition sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

David Neave urged the jury to label the cause of Firman's death as "undetermined."

"The preponderance of the evidence that is now before the jury is that the Taser played no role in his death," Neave told The Canadian Press outside the inquest.

"I don't think it's an index case...This case is not about Taser discharge. This case is quite frankly about the state of excited delirium that Mr. Firman was in and the medical conditions or medical changes that that syndrome causes."

The jury is now considering how it can characterize Firman's death and may put forward recommendations on what can be done to prevent similar deaths in the future. It is expected to return with a verdict next week.

The use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry into Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

Dziekanski's death led to a number of recommendations, which were implemented by all police officers working in British Columbia, including the RCMP. They included getting better training on Tasers, using the weapons only if there's a danger a suspect will cause bodily harm, and training officers in crisis management.

Firman's family made similar suggestions in 21 recommendations submitted to the jury on Friday.

They included asking the jury to recommend that Ontario Provincial Police provide annual, mandatory crisis intervention and resolution training, which would have input from mental health professionals and those with mental-health issues, and that the province appoint a co-ordinator for implementation of that training.

The family also wants the jury to recommend the OPP revise its use-of-force policy for conducted energy weapons so an officer is prohibited from using one unless satisfied that de-escalation or crisis intervention techniques haven't worked and no option involving less force will work to eliminate the risk of someone getting hurt.

Taser 'key factor' in Ontario man's death, says Ontario's top pathologist

Diana Mehta, The Canadian Press

Published Thursday, June 6, 2013 6:35AM EDT 

Last Updated Thursday, June 6, 2013 6:43PM EDT

MIDHURST, Ont. -- The death of a mentally ill man after he was Tasered by police three years ago was described as an "index case" by Ontario's top pathologist Thursday, as he identified the electric stun gun as a key factor in the fatality.

Dr. Michael Pollanen spent hours testifying at the inquest into the death of Aron Firman, a 27-year-old schizophrenic who died in June 2010 after an encounter with Ontario Provincial Police.

Pollanen called the incident "an accident" -- echoing a finding by Ontario's police watchdog that cleared the officers dealing with Firman of any wrongdoing.

"I have never seen a case where I was confident that you could link a Taser as factor in death, until this case," he told the five-member jury at the inquest.

"This is a first of its kind in Ontario."

Pollanen acknowledged there would be some who disagreed with his finding, particularly as the use of Tasers and their effects is still a growing field of study.

"There is unlikely to be entire uniform agreement on this case," he said. "But I would say it's too parsimonious to say the Taser was uninvolved in death."

Pollanen was careful to note, however, that while the Tasering of Firman was the "most immediate factor" in his death, it was not the only factor.

He described Firman's cause of death as "cardiac arrhythmia precipitated by electronic control device deployment in an agitated schizophrenic man."

But he also said Firman had a "moderately" enlarged heart -- though he did not have a specific heart disease -- and carried a gene which may possibly have made his heart more vulnerable to injury.

"The fatal outcome in this case likely presents the conjunction of many factors coming together at the same time," he said.

Pollanen made it clear he believed the use of Tasers by authorities had its benefits, and the electric stun gun's role in a fatality was rare, but nonetheless, he said, in some cases the use of a Taser does lead to death.

One possibility the chief forensic pathologist largely dismissed was a suggestion Firman could have died from a syndrome known as "excited delirium," which is sometimes cited as a cause of death in people using cocaine or those with severe mental illness.

A lawyer representing Taser International, which has standing at the inquest, took Pollanen to task on that point, arguing that Firman could very well have died due to excited delirium.

"I'm saying many factors of excited delirium are here," argued David Neave, who also said Pollanen had shown no objective published data which demonstrated that a Taser discharge can cause death.

For his part, Pollanen repeatedly told the inquest it was hard to determine the dividing line between severe agitation and excited delirium.

On that point, the lawyer for the Firman family argued that Firman had been severely agitated in the past but died after he was Tasered.

"It is the family's position in this inquest that if the Taser was not deployed and used on him, he would not have died," Sunil Mathai said outside the inquest.

Mathai added that the family agreed with Pollanen's noting of other factors which could have contributed to Firman's death, saying those elements contributed to "the susceptibility of his heart being captured by the Taser."

Firman's parents were present at Thursday's proceedings, as they have been throughout the inquest.

"It's been a very hard process for us to go through," Firman's father, Marcus Firman, told The Canadian Press.

"This is three years after the event and it brings everything back fresh."

The family is hoping that the inquest will lead to better guidelines around the use of Tasers by authorities and improved response techniques when police have to deal with agitated mentally ill people like their son.

The inquest began in April and was expected to hear from about 20 witnesses.

Aron Firman was a resident at a group home in Collingwood, Ont., at the time of his death.

A December 2010 report from Ontario's Special Investigations Unit said that on June 24 of that year two OPP officers responded to an assault complaint about Firman and found him sitting in a chair outdoors.

Both officers attempted to speak to "an agitated" Firman, according to the report. When they moved to apprehend him Firman got out of his chair and "moved aggressively" towards an officer, it said.

The second officer tried to intervene but was unable to do so as Firman hit her in the face with his elbow, said the report. Firman then moved toward the first officer who responded by discharging his Taser gun at him.

Firman was able to take a few additional steps before falling to the ground and losing consciousness, the report said. He was taken to an area hospital where he was pronounced dead.

In commenting on the case, the SIU director singled out the use of the Taser on Firman.

"In this incident, the Taser's deployment in my view caused Mr. Firman's death," Ian Scott said in his report.

While noting the responding officers had the authority to arrest Firman for assault and had not done anything wrong, Scott pointed out that the Taser is characterized "as a less lethal or intermediate weapon."

"In these circumstances, and in light of Mr. Firman's demonstrated degree of aggression, I am of the opinion that the Taser's deployment was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

The use of Tasers by police has come under increased scrutiny over the years, particularly in the high-profile death of Polish immigrant Robert Dziekanski, who died after he was Tasered several times during an altercation with RCMP officers at Vancouver's airport in 2007.

A public inquiry in Dziekanski's death has said multiple deployments of the Taser along with a physical altercation contributed to the circumstances that lead to Dziekanski's heart attack. The BC Coroners Service agreed with the conclusions of the inquiry.

B.C. won't hold inquest into death of Robert Dziekanski

October 6, 2011
CTV News

VICTORIA — There will be no inquest into the death of Robert Dziekanski, who died after being stunned multiple times by a Taser during a confrontation with Mounties at Vancouver International Airport in October of 2007.

Chief B.C. Coroner Lisa Lapointe says her office had planned to hold an inquest after the police investigation was complete, but now she says it's not in the public interest because a full public inquiry has been held into the case.

However, a coroner's report on the death will still be released to the public.

Retired B.C. Appeal Court Justice Thomas Braidwood conducted a two-part inquiry into the case, reviewing the death of Dziekanski and the use of stun guns in general.

In his final report, Braidwood rejected the testimony of the four Mounties involved, who said they felt threatened by Dziekanski, ruling they could not have believed he posed a danger to anybody.

The Mounties have since been charged with perjury.

Coroners Inquest - Sean Reilly

A Coroner's Inquest into the death of Sean Reilly is taking place this week and into next week in Brampton, Ontario:

Monday (May 16), Tuesday (May 17), Wednesday (May 18), Friday (May 20), Tuesday (May 24)

Monte Carlo Inn Airport Suites
7035 Edwards Blvd Brampton
One block east of Hurontario off Derry Rd
Princess Grace Rm on 6th Floor
9:30am to 5pm

Sean Reilly, age 42, died on September 17, 2008. According to reports, he was tasered twice.

Families Gain Voice At Coroner Inquests

Police Say They Won't Testify If Cross-Examined

December 9, 2010
Fox 5 News

LAS VEGAS -- Police officers who fatally shoot someone while on duty in Clark County will now have to face cross-examination by an ombudsman during coroner's inquests.

Clark County Commissioners voted in favor of changing the coroner's inquest process, which had for decades only allowed for questioning by the district attorney and didn't allow for cross-examination by the families of those killed.

The changes were spearheaded by the family of Erik Scott, who was shot and killed by three officers outside a Costco in Summerlin. At the time of Scott's inquest, which ultimately found the officers justified in killing Scott, the family described the process as a "circus."

The police union said officers won't testify if they are going to be questioned by the ombudsman and said they will plead the Fifth to avoid incriminating themselves.

The vote to change the coroner's inquest process was not unanimous. Commissioners Steve Sisolak and Larry Brown voted against the changes. Commissioner Tom Collins was absent.

Ontario Provincial Police closer to getting defibrillator

The lawyer for the family of James Foldi made the same recommendation at the inquest into Mr. Foldi's death, but the recommendation was NOT SUPPORTED by the Niagara Regional Police lawyer, who argued in court that officers are not medical personnel.

So, which is it??

October 27, 2010
By DANIEL PEARCE, QMI Agency

OPP are getting closer to putting defibrillators in detachments across the province in light of the recommendation of an inquest jury, says the head of the Norfolk County detachment.

"We're in discussions now," said Insp. Zvonko Horvat. "We're moving in that direction. It'll happen sooner rather than later."

Two weeks ago, the jury at the inquest into the death of Jeffrey Marreel, a Delhi man who collapsed at the Norfolk detachment after being tasered and later died, urged all police stations to get the devices.

Any decision, said Horvat, will apply across Ontario, not just in Simcoe.

"It is a decision being made corporately with regional staff and the risk management unit in Orillia," he said. "In all likelihood, that recommendation will be implemented . . . It only makes sense we have them."

Recommendations from inquest juries are not mandatory but are usually acted upon.

The inquest, held in Hamilton, heard that Marreel, 36, a known drug user with a long history of arrests, died from cocaine poisoning. In June 2008, police answered a call at the lakeside hamlet of Fisher's Glen where they found Marreel acting erratically. Police used a Taser to try to subdue him. He was taken to the Norfolk detachment in Simcoe and then rushed to hospital after he collapsed. Evidence at the inquest suggested Marreel may have been suffering from what's known as excited delirium, a potentially fatal condition.

As a result, the jury also urged all police forces to consider excited delirium as a "medical emergency" that requires immediate medical intervention and that police be trained to recognize its signs.

The jury made nine recommendations.

Horvat said "training is always good . . . We felt the jury was fair. Th e recommendations are legitimate concerns."

Inquest to examine Delhi man’s death - Jeff Marreel died after being Tasered by police

September 16, 2010
By DANIEL PEARCE - QMI Agency

An inquest will begin next month into the death of a Delhi man who died after being Tasered by Norfolk OPP in June 2008.

But that's offering little comfort to the man's father, who says he continues to be frustrated by a lack of answers in the case.

"Why will it do any good? It's two years afterwards," Noel Marreel said of the inquest, which begins Oct. 12 in Hamilton.


The death of his son Jeffrey "should never have happened, but it did," he added. "I'm getting stonewalled. You give up after a while."

A jury of five will be convened at the John Sopinka Courthouse in Hamilton to hear evidence from about 21 witnesses.

Police Tasered and then arrested Marreel after being called to the lakeside hamlet of Fisher's Glen following a report of a man acting erratically.

There, police found the 36-year-old — who had a lengthy criminal record, including arrests on drug charges — brandishing a piece of metal.

Marreel was subdued and taken to the OPP detachment in Simcoe where he showed signs of "medical distress." He was taken by ambulance to Norfolk General Hospital where he died.

No criminal charges can come from the inquest, which is expected to last six days, but the jury can make recommendations on public policy, said Dr. David Eden, regional supervising coroner for operations for the ministry of community safety and correctional services.

"The recommendations are not binding, but the majority of them are implemented," noted Eden.

At least 20 people have died in Canada after being jolted by police Tasers since the stun-gun was introduced in 1999.

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A report prepared last year by the Ontario Special Investigations Unit, which investigates deaths in police custody, cleared police of any wrongdoing in the Marreel case.

The SIU report labeled the cause of death as "acute cocaine poisoning."

The inquest will be heard by Dr. Jack Stanborough while Hamilton Crown Attorney Karen Shea will act as counsel for the coroner's office.

Eden said inquests are normally held "as close as possible" to where the incident occurred, "but we also take into account the availability of Crown counsel."

Norfolk OPP Insp. Zvonko Horvat said he will attend the inquest "to oversee the process and to show support for my officers."

An inquest, Horvat noted, "is not to find fault in any individual. It's to find solutions, if there are any solutions to be found."

Inquest into the death of Jeffrey Marreel announced

HAMILTON, ON, Sept. 16 /CNW/ - Dr. David Eden, Regional Supervising Coroner for Operations, today announced that an inquest will be held into the death of Jeffrey Marreel.

Mr. Marreel, 36, died on June 23, 2008, at the Norfolk General Hospital following his arrest by the Ontario Provincial Police. An inquest is mandatory under the Coroners Act.

The inquest will examine the events surrounding Mr. Marreel's death. The jury may make recommendations aimed at preventing similar deaths.

The inquest is expected to last six days and to hear from approximately 21 witnesses.

The inquest will begin at 9 a.m. on Tuesday, October 12, 2010, at the John Sopinka Courthouse, 45 Main Street East, Hamilton. Dr. Stanborough will preside as inquest coroner and Ms. Karen Shea will be counsel to the coroner.

Inquest Called Into Death of 17-year-old Michael Langan

September 8, 2010
CJOB News Team reporting

An inquest has been called into the death of a 17-year old boy in the summer of 2008, who died after Winnipeg police used an electronic control device. A release from the Chief Medical Examiner says Michael Brian Langan had been attempting to break into vehicles when the police were called. Officers found him at Arlington and William.... apparently armed with a knife. The immediate cause of death was linked to the use of the taser. However it was also determined a rare heart condition, and a police foot chase contributed to the death.

British Columbia's coroner system questioned by forensic pathologist

May 6, 2010
By Carlito Pablo, The Georgia Straight

Forensic pathologist John Butt wants B.C. to introduce a medical examiner system; currently, the chief coroner isn’t required to have a medical background.
A renowned forensic pathologist says B.C. should change its system for investigating sudden deaths.

John Butt is recommending a shift from the current coroner setup to a medical examiner system, which is used in a number of other provinces, namely Alberta, Manitoba, Nova Scotia, and Newfoundland and Labrador.

“In the investigation of sudden death, there are five questions that have to be answered,” Butt explained to the Georgia Straight in a phone interview. “The question that carries the greatest responsibility and is commonest and costs the most money is the question ‘Why?’, which is the medical cause of death.”

Butt is a former chief medical examiner for Alberta and Nova Scotia. He now works in Vancouver as a private consultant in forensic medicine, and specializes in providing expert testimony.

B.C.’s Coroners Act doesn’t require the chief coroner to have a medical background. For almost 30 years, between 1981 and 2010, the post was held by ex–police officers. Robert Galbraith was followed by Vincent Cain; Larry Campbell, who later became Vancouver mayor and is now a Liberal senator; and Terry Smith.

On April 1, Diane Rothon took over the B.C. Coroners Service, becoming the second physician to head the death investigation agency since the province’s first chief coroner, William McArthur, who held the position from 1979 to 1981.

Although Butt is pleased that the new chief coroner is a doctor, he suggested that the province consider introducing a medical examiner system.

“The medical examiner system is led, governed by an expert in forensic pathology,” he said. “That means that they have to be a forensic pathologist, not just a doctor. Just like the operating room is the tool of the surgeon, the tool of the forensic pathologist is the autopsy.”

Butt pointed out that the B.C. Coroners Service doesn’t have forensic medical expertise. As such, it contracts out autopsies to hospitals.

The Ministry of Public Safety and Solicitor General didn’t make Rothon or any other official available for comment. However, in a statement e-mailed to the Straight, a ministry spokesperson asserted that there is no compelling reason to switch to a medical examiner system.

Like Canada, the U.S. employs a mix of coroner and medical examiner models in different jurisdictions. However, a report released last year by the National Academy of Sciences, a Washington, D.C.–based private advisory body, recommended Congress earmark funds to set up “medical examiner systems, with the goal of replacing and eventually eliminating existing coroner systems”.

The report cited the need for unbiased death investigations in sensitive cases like police shootings and those occurring in jails, as one of the reasons for having a medical examiner. “The medical examiner is first and foremost a physician, whose education, training, and experience is in the application of the body of medicine to situations that have a legal dimension that must be answered by a practitioner of medicine,” the document states.

For many years in B.C., deaths in police custody were automatically subject to coroners’ inquests. However, in March of this year, the provincial government passed legislation giving the chief coroner the discretion to waive inquests in these cases, a move that civil-liberties advocates like lawyer Cameron Ward argue will weaken police accountability.

How this new legislation will be implemented is one of the issues the B.C. Civil Liberties Association intends to raise with Rothon in a meeting scheduled for June 1, BCCLA executive director David Eby told the Straight.

BC Civil liberties association pans plan to eliminate some coroner's inquestsCivil liberties association pans plan to eliminate some coroner's inques

April 2, 2010
Vancouver Sun

A plan to eliminate mandatory coroner's inquests for some in-custody and police-involved deaths was criticized by the British Columbia Civil Liberties Association Wednesday.

A press release by the association said mandatory inquests ensure some accountability by the police and are especially important given that "public confidence is at a low because of Mr. Dzekanski's death and other high-profile cases."

Robert Dziekanski died in October, 2007 after being hit by a Taser repeatedly by RCMP at the Vancouver airport.

The BCCLA sent a letter to B.C. Solicitor-General Kash Heed, asking that he withdraw the proposed amendment to the Coroners Act that would eliminate the requirement for some in-custody and police-involved inquests. "Government should make inquests full, fair and open proceedings, not shut them down before they get underway," said BCCLA president Robert Holmes in a press release.

The BCCLA would prefer government make changes to the Coroners Act, such as requiring B.C.'s chief coroner to be a medical professional.

RCMP defends officer with violent history

November 29, 2009
Rodney Venis, Prince George Citizen

A Prince George officer profiled in the National Post as a "rogue cowboy Mountie" with a "propensity for violence" did not Taser a hog-tied suspect and was not present during the in-custody incident prior to the suspect's death.

RCMP spokesperson Sgt. Tim Shield said Corporal John Graham was with another member at Prince George Regional Hospital as Clayton Willey was being Tasered and dragged through the Prince George detachment in July 2003.

Graham's role in the arrest, which started with Willey confronting RCMP at the Parkwood Place mall in a violent, drug-induced haze and culiminated with the 33-year-old man dying of a cocaine overdose, was limited to binding Willey's feet and hands behind his back. Hogtying suspects, according to the Post, had been banned two months prior to the incident, but Cpl. Graham was reportedly unaware of the change in policy.

"Willey was kicking violently and it was the only way to restrain his legs to prevent him from continuing to kick," said Shields. "In the Willey incident there was no finding against Graham, in fact, he was not present at the time Mr. Willey was Tasered and there was no finding of wrongdoing regarding the arrest."

The policy was changed because hogtying could lead to positional asphyxia, which was potentially fatal.

According to the Post, Graham is currently a supervisor in the North District traffic services integrated road safety unit, based in Prince George.

Shields said the incidents that chequer Graham's career - which include a fatal shooting in Newfoundland, an assault conviction in 2002, the Willey arrest and an altercation with a suspect only known as JAL - must each be judged on its own.

According to the National Post, then Constable Graham's career took a troubled turn in Aug. 2000 in Little Catalina, Newfoundland when he shot and killed Norman Reid. Reid, 43, was a schizophrenic with a history of disturbing behaviour; residents reported that day Reid had threatened some local children "in a violent way", according to an inquiry report.

When RCMP responded, Reid came at Cpl. Graham with an axe, screaming "I'm going to kill you." Graham shot Reid five times.

"The shooting in Newfoundland was the subject of numerous investigations and inquests and was deemed to be a justified use of force," said Shield.

The inquiry, by Judge Donald Luther, did rule Graham behaved appropriately; nevertheless, court documents revealed he suffered from post-traumatic stress disorder after the incident.

It was not the only incident from his time in Newfoundland. Robert Buckingham, a lawyer for a man in that province suing Cpl. Graham over an unrelated, allegedly wrongful arrest, called the officer a "rogue Cowboy Mountie."

Graham was transferred soon after the Reid shooting to B.C.

In 2002, a year before the death of Willey, he pled guilty to assault causing bodily harm after - according to a B.C. provincial court judgment - an altercation with "a Mr. MacDonald." Cpl. Graham admitted he "overreacted" when he kicked Mr. MacDonald in the torso and head, leaving the latter with broken bones in the face and missing teeth.

The officer was fined, received 18 months probation, was ordered to perform community work and was not disciplined by the RCMP.

"If there is an allegation of excessive force, then an internal code of conduct investigation is launched and, after the court proceeding, there was an internal disciplinary hearing where a board of three very senior officers conduct a trial and call witnesses and make a decision on the appropriate sanctions that can range up to, and including, dismissal from the RCMP," said Shields. "So in this case, this process was followed, there was an internal code of conduct investigation and, after hearing all the facts, the board decided on a sanction that did not include dismissal."

The National Post also reported that Cpl. Graham and another Prince George officer, Const. Glenn Caston, were both involved in Willey's death in 2003 and an incident involving a suspect known as JAL.

Const. Caston told the Willey inquest that he and another officer pulled the suspect by the rope that tied his feet together to get him out of the back of an SUV parked in the Prince George detachment. Willey "may" have bumped his head and shoulder on the frame of the vehicle and the floor of the concrete vehicle bay.

Later, in the detachment's cells booking area, according to the inquest report, Const. Caston and another officer, Const. Kevin O'Donnell, reported they Tasered the hog-tied Willey. The officers, according to the report, believed Willey was still combative, though it is noted nowhere how Willey could have broken free from the hogtie.

Sgt. Shields could not say whether the two officers still serve in Prince George.
In the JAL case, Cpl. Graham testified he deployed his Taser twice against the suspect during a struggle. However he did not file a Taser use report, as the RCMP requires, until more than a year later and JAL's doctor pointed out 21 marks on his body that seemed consistent with burns from a conducted energy weapon. JAL also claimed Const. Caston beat him in the P.G. detachment.

Charges that JAL assaulted RCMP officers were stayed after a videotape of JAL's in-custody treatment went missing, prompting Judge Michael Brecknell to write in his judgment, "This was not a 'simple mistake.'" Brecknell also noted concerns had been aired about Graham's "propensity for violence."

"We have requested an independent directed review to examine the RCMP handling, communication and organizational response in the Willey case and the JAL case," said Shields. "This review will be conducted by a municipal polical department from outside of B.C. The name will be released as soon as we have a formalized agreement in place."

Death linked to 'excited delirium': coroner

November 20, 2009
CBC News

The death of a man who was stunned with a Taser several times during his arrest two year ago in Chilliwack was not the fault of police actions, a coroner's inquest has determined.

In his report, coroner Vincent Stancato concludes that Robert Knipstrom, 36, died from acute ecstasy intoxication and excited delirium.

A coroner's inquest into Knipstrom's death began Monday and the conclusions were released Thursday night.

The jury has recommended police and paramedics change how they handle cases where individuals show symptoms of excited delirium, which can include paranoia, agitation, aggression and extraordinary strength. It was also recommended that police request an advanced life support team when dealing with such patients.

RCMP spokesman Sgt. Peter Thiessen welcomed the jury's findings.

"It validates in the officers' minds — it certainly validates in my mind — what was it that they were dealing with in the first instance," Thiessen said.

Rental shop takedown
The incident that led to Knipstrom's arrest took place at a Chilliwack rental shop on Nov. 19, 2007, where he had gone to return a wood chipper. After clipping another car in the parking lot, Knipstrom entered the store and began acting strangely, the inquest heard.

Knipstrom aggressively confronted the police officers who were called in by staff at the shop, located east of Vancouver. The inquest was told that police used pepper spray, a metal baton and finally a Taser to subdue and restrain him.

The only contradictory evidence came from a former store employee who said Knipstrom was backing away from the first police officer at the time of his arrest, while other witnesses said it was the officer who was retreating.

The same witness said he thought the officer struck Knipstrom in the head deliberately with his baton, but the officer testified any blows that hit Knipstrom's head would have glanced off his body first.

Witnesses testified that after Knipstrom was taken down he continued to thrash around on the ground and resist officers. He was eventually loaded into an ambulance face down — a violation of policy — because he refused to turn over.

Knipstrom's heart stopped beating a short time later, and while doctors managed to resuscitate him, he never recovered and died five days later in Surrey Memorial Hospital.

Death blamed on drugs and delirium
It was later determined that Knipstrom had acute levels of the illegal drug ecstasy in his system.

Excited delirium has been blamed for a number of deaths in police custody and critics have dismissed the that conclusion as a way to excuse overly aggressive police actions.

But Dr. Christine Hall, an emergency medicine specialist, said Knipstrom was a textbook example of the condition: high, strong as an ox, and impervious to pain.

Hall said the condition is real and medical understanding of it is evolving.

"The controversy and the evolution has actually occurred in other illnesses — sudden infant death syndrome for example," said Hall.

"For years and years there was a huge debate about does this exist. Is it really a syndrome? What are the symptoms? Why is it only happening that children are dying? And now we know that medical textbooks and lists of diagnoses have evolved to include that," said Hall.

Tasered B.C. man taken to hospital facedown, handcuffed

November 18, 2009
Suzanne Fournier, Vancouver Province

A Chilliwack man who died after being Tasered by RCMP was taken to hospital in handcuffs facedown, contrary to B.C. Ambulance Service policy, an inquest heard Wednesday.

Although Robert Knipstrom had been pepper-sprayed, Tasered and "beaten on the head by a metal police baton" his "chief complaint was shortness of breath," paramedic Rick Simon told a coroner's inquest Wednesday morning.

Simon admitted the 36-year-old was not turned onto his back until he began to turn blue in the face in a hospital emergency ward.

The inquest heard that when Simon arrived at the EZE Rent-it Centre in Chilliwack on Nov. 19, 2007, he had difficulty communicating with Knipstrom, who was thrashing around violently and shouting.

Simon admitted to lawyer Rodrick MacKenzie that it is B.C. Ambulance Service policy never to transport a restrained patient facedown and to warn police that the position can cause difficulty breathing or even be fatal.

But Simon said he decided to get Knipstrom into an ambulance and to hospital as quickly as possible because the man was so agitated.

Knipstrom developed a fear of Tasers after an RCMP officer used the weapon on him six months earlier.

Simon said he was concerned that turning Knipstrom onto his back could cause more injuries if he was dropped.

The paramedic and two RCMP officers stayed with Knipstrom at Chilliwack General Hospital, where he waited for 27 minutes to be seen by medical staff.

At 4:28 p.m. Simon and the officers noticed Knipstrom's face turning blue. Nurses and doctors rushed in to try to revive Knipstrom, who regained a heartbeat at 4:55 p.m., but never regained consciousness.

He was later transported to Surrey Memorial Hospital when his kidneys began to fail and died there five days later.

Earlier Wednesday, toxicologist Dr. Walter Martz said Knipstrom's blood had traces of the drug ecstasy.

He told the inquiry the drug can cause "psychosis, paranoia and rapidly changing behaviour."

Martz said Knipstrom had no alcohol, prescription drugs or opiates in his system but had tiny traces of cannabis and possibly cocaine, which could have been consistent with casual contact with someone who used the drugs.

Drugs, not Tasers, main cause of Chilliwack man's death, inquest told

November 18, 2009
BCLocalNews

A lethal dose of the "feel good" drug Ecstasy - not repeated jolts of electricity from Tasers in the hands of Chilliwack RCMP officers - was the main cause of Robert Knipstrom's death, a forensic pathologist told a coroner's jury Wednesday.

But the decision to handcuff the 36-year-old Chilliwack man with his hands behind his back, and then transporting him to hospital lying on his belly in a prone position was "possibly" a contributing factor to his death, Dr. Dan Straathof said.

However, Chilliwack RCMP officers, fire department officials and BC ambulance paramedics testifying at the coroner's inquest have all insisted there was no other way to safely get Knipstrom to hospital after a violent confrontation with police on Nov. 19, 2007.

Knipstrom was returning a wood-chipper to the EZE-Rent-It Centre that day at about 3 p.m. when he started acting strangely, and refused to stay out of an area reserved for employees.

When police were called and two officers arrived from the RCMP detachment across the street, a fight erupted in which Knipstrom was tasered, pepper-sprayed and struck with a metal baton before he was finally subdued by several additional police officers who arrived on the scene.

But even after he was handcuffed, Knipstrom continued to struggle and kick, howling unintelligibly at anyone who approached him, including paramedics trying to treat his wounds.

Paramedic Rick Simon told the inquest Wednesday that he was aware of the ambulance service policy that no patients are to be transported in a prone position while their hands are secured behind their back.

But he said there was no other way to get Knipstrom to hospital, without causing him further injury.

"Every time we tried to move him, he was quite agitated," Simon said. "I was afraid we'd cause him further injury."

So Knipstrom made the 12-minute trip to Chilliwack General Hospital lying on his belly with his hands cuffed behind his back, in violation of the policy.

Shortly after his arrival at CGH at 4:01 p.m., still in a prone position, Knipstrom went into cardiac arrest and stopped breathing for about 28 minutes.

Straathof said "acute intoxication" with Ecstasy was the main cause of Knipstrom's death four days later on Nov. 24 at Surrey Memorial Hospital, where he had been transferred for treatment.

Straathof said the physical restraint that Knipstrom was held under at CGH was "a component" of the events which led up to his cardiac arrest, and to the resulting brain and organ damage due to the lack of oxygen.

But he could not say how much of a role the physical restraint played in Knipstrom's death, nor whether the prone position in particular added to the harm.

"There has been some suggestion that physical restraint, especially face-down restraint, can result in reduced lung function," he said.

However, he said it's also possible that Knipstrom could have gone into cardiac arrest from the effect of the Ecstasy alone, without any kind of physical restraints present.

The Tasers did not contribute to the cardiac arrest, Straathof suggested, because it occurred much later after the confrontation with the RCMP. He also found no evidence during an autopsy that the Taser probes actually made contact with Knipstrom's body.

Dr. Walter Martz, a toxicologist at the Provincial Toxicology Centre, said

6.1 mg of Ecstasy per litre of blood was found in a sample taken from Knipstrom when he was admitted to CGH on Nov. 19.

Martz said 150 mg of Ecstasy will produce about 0.5 mg/litre in the blood of a user. The 6 mg found in Knipstrom's blood sample is "within the range" of a lethal dose, he said.

But Martz warned that some people are more sensitive to the drug than others, and instead of the expected euphoria can experience a psychotic episode.

He said a recent animal study also suggests that pepper spray enhances the stimulant effect of Ecstasy, increasing the need for oxygen as the heart rate increases, while at the same time making breathing more difficult.

"The outcome might be fatal," he said.

The inquest is scheduled to end Friday after experts in police use of force and a condition known as "Excited Delirium" are heard.

Taser inquest delayed

November 18, 2009
BC Local News

An inquest into the death of a man Tasered by police has been delayed.

A preliminary hearing began on Monday to determine whether charges of robbery against Trina Toffan, 36, warrant going to trial. Four days have been set aside in Provincial Court in Surrey to hear evidence. Toffan has chosen a Supreme Court judge and jury, if the case goes to trial.

Toffan was charged in connection with an armed robbery of the Royal Bank in Brookswood on Sept. 30, 2008 that led to a bizarre and tragic chain of events.

Less than 10 minutes after the armed robbery, police descended on a Brookswood home. Toffan’s boyfriend, Frank Frachette, 49, who police say robbed the the bank, was seen minutes later jumping from his second-storey window naked and bleeding from stab wounds to his chest. He was then Tasered by police after he made an attempt to get back into the house. He died on the way to hospital. He had no criminal history when the robbery was committed.

Toffan has been free on bail. Evidence given in the preliminary hearing cannot be published until after a trial has concluded.

At the time of Frachette’s death, police indicated there would be a full investigation by Vancouver Police and the Integrated Homicide Investigation Team because he was Tasered.

Whenever there is an “in custody death,” a coroner’s inquiry is mandatory, said Jeff Dolan, director for the coroner’s service.

The cause of death wasn’t revealed after Frachette died because an inquest was going to take place by a coroner and jury.

But the inquiry could be a year or more away, depending when, or if, Toffan’s trial goes ahead.

“Due to the fact there is a criminal investigation going on, we can’t compromise that investigation and we would be interviewing the same witnesses,” said Dolan.

He said a coroner’s jury is made up of the same pool of people used in criminal trials.

Coroner's inquest into Chilliwack taser death gets under way

November 18, 2009
Robert Freeman - Chilliwack Progress

Robert Knipstrom's father fought back tears yesterday as he described his son to a coroner's jury that's looking into his death two years ago after he was tasered, pepper-sprayed and hit with a metal baton by Chilliwack RCMP officers.

"He was a lovable kid," Knipstrom said. "Everybody loved him."

He said his 36-year-old son called him from the EZE-Rent-It Centre in Chilliwack at about 3 p.m. on Nov. 19, 2007, saying the truck he was using to return a wood-chipper wouldn't start.

"He sounded normal. He wasn't excited or anything," Knipstrom told the coroner's jury.

But something set off Robert Knipstrom in the next few minutes, first turning him into a customer cowering inside the rental shop afraid to go outside, and then into a raging madman fighting off the two police officers who came to help him.

Twice Knipstrom begged the officers, who were unaware he'd been tasered before, not to turn their tasers on him again.

An expert in "excited delirium" - a disputed medical condition allegedly brought on by cocaine abuse that renders the victim resistant to pain while bestowing extra-ordinary strength - is expected to testify at the inquest later this week.

An autopsy report cites a lack of oxygen and "illicit drugs" as the official causes of death, inquest counsel Rod MacKenzie said Monday at the start of the hearings.

A toxicologist and legal counsel for the doctor who treated Knipstrom at Chilliwack General Hospital are also expected to testify at the inquest.

Knipstrom's father allegedly told police at the scene that his son smoked marijuana "regularly" and used cocaine, but he did not know if his son had used any that day. Knipstrom made no mention of his son's drug use during his testimony Tuesday.

Knipstrom was eventually tasered at least five times by police officers, but it appears only one had any effect. It's unclear whether that's because the probes did not make proper contact, or because Knipstrom was feeling no pain because of the "excited delirium" syndrome.

RCMP Cpl. Bruce Abbott finally took Knipstrom down by grabbing him with his hands and "gently" rolling him to the ground while other officers grabbed his arms and legs.

But Abbott agreed he was able to take that action only because he happened to be in the right place at the right time.

"(He) was coming at me quickly, and I didn't want to be fumbling with my pepper spray," Abbott said.

If Knipstrom had been armed, the 39-year veteran agreed, he would have been forced to consider other options to keep him from leaving the shop and harming himself or others.

"Yes, the options would have changed," Abbott said.

Knipstrom remained lying on his stomach with his hands cuffed behind his back even after he was taken to hospital because he continued to struggle and scream unintelligible "jibberish."

Coroner Vincent Stancato asked several witnesses whether they had ever been advised about the risk of leaving a patient in a prone or face-down position.

Chilliwack Fire Captain Jim Clarke said a patient can breathe while lying on their stomach, if they are conscious, "but if they lose consciousness the airway can become restricted."

But Knipstrom was very conscious and did not appear to have any difficulty breathing, despite his prone position.

Clarke said if he felt the police handcuffs were affecting Knipstrom's breathing, he would have cut them off himself, if need be, because the patient's medical condition takes priority.

At the hospital, RCMP Const. Cynthia Kershaw said Knipstrom was strapped "face-down" into a bed in a "quiet room" because he was "showing signs he was still ready to fight."

But at about 4:28 p.m. he suddenly stopped breathing, she said.

"He wasn't screaming anymore. He wasn't responding. Obviously something was not OK," she said.

Doctors and nurses were able to get Knipstrom's heart beating again at 4:55 p.m. He was then transferred to Surrey Memorial Hospital where he was put on life support until he died shortly after midnight on Nov. 24.

RCMP Const. Pam Skelton said she thought about turning Knipstrom onto his back that first night at Chilliwack General Hospital, but a paramedic advised her to wait for a nurse to administer a sedative first.

She said Knipstrom's apparent pain, not any difficulty breathing, prompted her to think about turning him onto his back.

"No, I didn't see he was having difficulty breathing," she said. "It's more that he was in pain."

Skelton broke into tears when she recalled the only intelligible words she heard Knipstrom utter during his noisy struggles that night.

"I love my family, I love my family, he said it twice," she said.

The inquest continues.

Robert Knipstrom's father tells coroner's inquest about son's death

November 17, 2009
Suzanne Fournier, The Province

The father of Robert Knipstrom broke down in tears as he unexpectedly took the stand at a coroner's inquest Tuesday.

RCMP were called to control Knipstrom at the EZE Rent-it Centre in Chilliwack on Nov. 19, 2007 after the man became distraught and refused to leave and employee-only area.

Knipstrom was pepper sprayed, struck with batons and tasered at least six times by Chilliwack RCMP. He died in Surrey Memorial Hospital five days later.

At least eight RCMP officers were handling Knipstrom when his father, also named Robert Knipstrom, responded to his son's telephone call for help and arrived at the Chilliwack business.

Three young officers, who have testified at the coroner's inquest, said they tried pepper spray and Tasers to control Knipstrom, with little effect.

An RCMP officer, who cannot be named because of a publication ban, said he emptied his pepper-spray can into Knipstrom's face and also struck him repeatedly with a baton, although he said the blows to the head that badly bloodied Knipstrom were "accidentally" inflicted.

When Knipstrom's father arrived at the EZE rent-it centre, his son was lying facedown in handcuffs, covered in blood, howling and did not respond to his father's attempts to speak to him.

Knipstrom Sr. said his son, 36 when he died, was very "sports-minded" and played baseball, soccer and even basketball, although he was "a small kid, short."

He said his son became a skilled tree-topper who had his own business for 10 years.

"He was very generous, bringing his mother flowers and was very close to all his family," Knipstrom's father said.

After his son was taken away by ambulance, Knipstrom Sr. said he prepared to drive his son's abandoned pickup away but was called immediately to hospital.

There, he and wife Jo were astonished to learn "he'd gone into cardiac arrest" and resuscitation was attempted for 28 minutes before his heart restarted.

"He was on life support," said Knipstrom's stricken father.

"He was brain-damaged. His heart wouldn't run on its own. He stayed on life support and kidney dialysis and then he died," he said, breaking down again.

Two members of Chilliwack Fire and Rescue also gave evidence Tuesday morning.

Fire Capt. Jim Clarke testified he would have taken off Knipstrom's handcuffs himself if he thought help was urgently needed, but Clarke said the man appeared to be breathing well and had "a clear airway."

Firefighter Andy Brown said that he offered Knipstrom oxygen twice but that the man became more agitated and refused help. Brown said he helped clean some of the blood off Knipstrom's head, which appeared to have minor lacerations.

RCMP lawyer Helen Roberts argued against the release of the video, which was given to reporters Monday, saying it should be released only after police, ambulance and fire officials have completed their testimony at the inquest.

The inquest is slated to continue until friday.

RCMP urged to release arrest tape of man who died

November 17, 2009
Mark Hume, Globe and Mail

Clayton Alvin Willey died of a heart attack several hours after police knocked him to the ground, hog-tied him, kicked him in the chest, pepper sprayed him and used a taser on him repeatedly.

Although the incident took place in 2003 and the arresting officers were cleared of any wrongdoing, an aboriginal leader and civil rights critics called yesterday for the release of an RCMP video they say shows police used excessive force.

“I had an opportunity to see an edited version of the video and I can tell you it was sickening, it was very, very difficult to watch and it stirred a deep anger within myself,” Grand Chief Stewart Phillip, president of the Union of British Columbia Indian Chiefs, said at a news conference.

Mr. Phillip said the video shows Mr. Willey, a Métis, with his hands cuffed behind his back and tied to his feet, being dragged into the police station while RCMP officers repeatedly taser him.

“I was very disturbed, very emotional … in many ways it was worse than watching the Dziekanski tape,” he said, referring to a video shot at Vancouver International Airport in 2007, when RCMP officers used a taser on Robert Dziekanski, a Polish immigrant who died while being arrested after making a disturbance in the arrivals area.

The Dziekanski video generated worldwide media coverage and led to a public inquiry that recommended police adopt tougher rules on the use of tasers.

“The point of this press conference is to draw public attention to this horrific incident,” said Mr. Phillip, who hopes to trigger an “outcry across this country similar to the Dziekanski case.”

David Eby, executive director of the B.C. Civil Liberties Association, and John Butt, a forensic pathologist, echoed Mr. Phillip's views, and said there will be public anger if people get to see the video.

The video was entered in evidence in an October, 2004, coroner's inquest, which did not find fault with the police officers. The video was brought to the attention of Mr. Phillip recently by Leonard Cler-Cunningham, a writer researching aboriginal deaths in custody.

Mr. Cler-Cunningham said Mr. Willey's family has signed an authorization asking the RCMP to release the video, but the police have declined to do so.

“The reason the RCMP in Ottawa refused to release it is because it would be a violation of Clay Willey's right to personal privacy. I've encountered this in every single aboriginal death in custody under investigation. It's insulting. It's disgusting. Do not use an individual's right to personal privacy to shield yourself from investigation,” he said, directing his comments to police.

Mr. Cler-Cunningham said Mr. Willey was treated brutally.

“I believe it meets the standard of torture,” he said. “Do you need to taser a man who is handcuffed and hog-tied, seemingly immobile and prone?”

RCMP Sergeant Tim Shields said the video is not being released because of privacy concerns, but he said police are “more than happy to share all file details with the family and first nations leaders.” The RCMP could not be reached later for comment on Mr. Cler-Cunningham's remarks.

The findings of the coroner's inquest state that several people made 911 calls to the RCMP in Prince George in July, 2003, after frightening encounters with Mr. Willey, who was reportedly armed with a knife.

The coroner's report states that when police confronted Mr. Willey, he refused to lie on the ground and, with blood and foam coming from his mouth, advanced on a female officer.

One officer drew his handgun, but put it away when he saw Mr. Willey was not armed. Police tackled Mr. Willey and one officer kicked him “in an attempt to gain ‘pain compliance.'”

Police testified they also used pepper spray and that even after he was hog-tied, Mr. Willey “continued to thrash around and attempt to free himself.”

Police said they used tasers at the cellblock in an attempt to subdue Mr. Willey.

A pathologist's report found evidence of two apparent taser burns, numerous abrasions, contusions, six broken ribs and brain swelling from a head injury.

The pathologist, D.J. McNaughton, testified that Mr. Willey died of a heart attack brought on by a cocaine overdose and said that “in his opinion the use of the taser did not contribute to Mr. Willey's death.”

Mr. Willey was arrested at about 5:15 p.m. Police called an ambulance at 5:36, after he was “touch stunned” by a taser at the jail cell. He had a heart attack in the ambulance, and was pronounced dead the next morning at 9:05.