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.

Editorial: City leaders mishandled Zehm case

The friend who sent me a link to this editorial asked: "Where have all the heroes gone? Are there really none left?"

One really is left to wonder.

August 14, 2011
The Spokesman-Review

Risk management is all about dollars, but there are times when leaders must peer above the bottom line to protect and defend a community’s values. The Otto Zehm tragedy is a perfect example.

Back in June 2006, the Zehm family sought an apology and retractions from the City of Spokane after the Police Department held a news conference about the fatal confrontation with the mentally disabled janitor. The family and its attorneys had seen the damning convenience store video that the rest of the public would see in July. Assistant City Attorney Rocky Treppiedi replied in a letter that the city stood by its version of events. The city essentially blamed Zehm for the outcome, defended the actions of the officers and chided those who had been “hyper-critical.” The letter includes this line:

“There are many other facts that go into the analysis of the use of force by Officer Thompson, including how and when he used the baton and Taser. In short, Chief Nicks will not, as you request, publicly retract what you characterize as ‘misrepresent- ations’ because they are not misrepresentations.”

Five years later, we learn that Jim Nicks did retract his views when placed under oath in front of a federal grand jury. So, it’s clear that the peddlers of misrepresentations worked for the city. Many still do. To borrow a term from the medical examiner’s report, perhaps they acted in a state of excited delirium when they viewed the video and discovered their initial story was filled with falsehoods.

Whatever the case, nobody in a position of leadership bucked the city’s hyper-defensive stance and stepped forward to represent the truth. Nobody said, “Enough!”

Neither the mayor at the time, Dennis Hession, nor the one who followed, Mary Verner, stood up to the department. Verner even defended Officer Karl Thompson’s actions. Once he got around to watching the damning convenience store video, Spokane County Prosecutor Steve Tucker punted the case to the feds.

Police Chief Anne Kirkpatrick was hired after the incident, but she retained Nicks as second in command, where he remains. “You lie, you die” is her mantra. We shall see. Treppiedi remains in the employ of the city, despite his aggressive actions in this case (and others) to confront anyone who would dare challenge the Police Department.

Five years after Zehm’s death nobody has suffered any consequences. Thompson still might. He faces trial in federal court.

To recap, Zehm did not lunge at Thompson, as the public was told. He reacted defensively to an assault in which baton strikes and Tasering were not warranted, according to the acting police chief at the time. He died after being subdued and tied up.

Rather than apologize and face the consequences, the Police Department and the city embarked on an extended masquerade and then wondered why the public demanded an ombudsman with strong oversight powers. Even today, we don’t have that, because police officers won’t drop their resistance to independent investigations.

In the end, taxpayers will pay for this tragedy. In exchange, they ought to at least get assurances from city leaders that trampling truth and justice is no longer an acceptable risk management strategy.

City reconsiders Zehm strategy

August 10, 2011
Thomas Clouse, The Spokesman-Review

The Spokane Police Department’s second-in-command believes an officer didn’t follow department policy in the fatal 2006 confrontation with Otto Zehm, contradicting his previous statements.

That revelation prompted Spokane Mayor Mary Verner to say Tuesday that the city is re-evaluating its legal strategy.

The disclosure, contained in documents recently filed in federal court, includes admissions from Assistant Police Chief Jim Nicks – then acting chief – that Officer Karl F. Thompson Jr. violated department use-of-force policies and that detectives failed to thoroughly investigate the convenience store beating on March 18, 2006. Zehm died two days later.

“Based on the video, during Officer Thompson’s initial engagement of Otto Zehm, Mr. Zehm appears to be ‘active resistant’ and is not assaultive toward the officer. Therefore Officer Thompson was not authorized to utilize an impact weapon on and strike Zehm,” Nicks said, according to the court records.

The testimony is a reversal of what Nicks said the night Zehm was beaten, Tasered and hogtied. It also contradicts the city’s position that its officers handled the case properly, and that Zehm bore responsibility for the escalation of force by continuing to flail as officers beat him.

Nicks’ 2008 grand jury testimony became a key part of the June 19, 2009, indictment charging Thompson with using unreasonable force and lying to investigators. Indications that Nicks would testify for prosecutors became public in March 2010, but Tuesday was the first time any city official acknowledged a discrepancy in their public portrayals of the event.

In a prepared statement, Verner said, “Assistant Chief Nicks’ affidavit is consistent with what (Assistant) U.S. Attorney (Timothy) Durkin indicated the Assistant Chief would testify to in a legal filing in April 2010. As we did then, we are evaluating this information in light of the case the City is involved in – the separate civil case.”

Attorney Breean Beggs, who along with Jeffry Finer, is representing the mother and estate of the 36-year-old mentally ill janitor, said Nicks’ declaration in the criminal case essentially means that the civil case against Thompson and the city is over.

“Nicks speaks for the city. The only remaining thing left for the civil case is the nature and the extent of the damages,” Beggs said.

The tragedy began after two young women erroneously reported that Zehm stole money from their accounts at a nearby ATM. Thompson responded to the call, approached Zehm inside a Zip Trip convenience store and immediately began beating him with a baton. The confrontation lasted several minutes and several other officers responded. They eventually hogtied Zehm and placed a plastic mask over his face before he stopped breathing.

Court records indicate that officers reviewed videotapes from the convenience store on the night of the incident, passed information onto Nicks, who then described a “very horrific fight. The officers were definitely within the (department) policy. … The officers used the lowest level of force possible.”

After Beggs and Finer filed a $2.9 million civil claim against Spokane, city attorneys responded with a 56-page denial on June 18, 2009. That denial blamed Zehm for his own death.

“Any injury or damage suffered by Mr. Zehm was caused solely by reason of his conduct and willful resistance,” the city’s response states.

Beggs said it’s now clear that city officials already knew, or should have known, about Nicks’ testimony to the grand jury before they wrote that reply.

“I’m waiting for them to explain to us why they thought it was better not to reveal what they knew about the case from the beginning,” Beggs said. “All this information is going to come out. So why not get it out so the public has all the facts and so the case can get resolved?”

Verner indicated she hadn’t read Nicks’ declaration on Monday night when questioned by The Spokesman-Review. “I’m certainly going to review it carefully to see how it affects the city’s position in the civil and criminal case,” she said.

Then on Tuesday morning, Verner issued the statement saying the city must allow the legal process to run its course.

“Ultimately, we, too, are seeking an outcome that is just and fair, based on all the evidence and circumstances. The City of Spokane and I are committed to open and transparent government, and this is part of the process. Our employees must tell the truth as they see it.”

If that’s the goal, Verner and city attorneys stumbled along the way, said local attorney James Sweetser, who served as Spokane County Prosecutor from 1995-’99.

“I think the city officials and the litigators at the city have to realize they represent the citizens,” Sweetser said. “Even if the judgment may be paid by taxpayers’ money, full disclosure and honesty has to take precedence over tricky litigation tactics.”

According to court records filed Friday, Nicks is prepared to testify in Thompson’s upcoming federal trial that major crimes detectives failed to analyze the video of the confrontation and compare it to Thompson’s statement; they never followed up on a report from an ambulance crew that Thompson struck Zehm in the head with a baton; and his own review of the video shows that Thompson violated several policies and procedures by applying unjustified force against the retreating Zehm.

Nicks also said, among a list of concerns, that Thompson did not stop and engage Zehm with verbal commands as the officer – who continues to earn $76,000 a year as the investigation stretches past five years – later described to detectives.

Thompson’s immediate use of a baton on the retreating Zehm “was a level of force higher than that authorized by the Spokane Police Department’s policies and procedures governing the use of force on public citizens.”

And the use of a Taser, when it appeared that Zehm had stopped resisting, was “not authorized” and violated department policies. Nicks also said he expressed all the listed concerns to Chief Anne Kirkpatrick, who along with Nicks declined comment Tuesday through spokeswoman Officer Jennifer DeRuwe.

Carl Oreskovich, who was hired by the city in 2008 to prepare both civil and criminal defenses for Thompson, said he and law partner Steven Lamberson, have filed a motion seeking to exclude Nicks’ testimony. That motion was originally filed June 4, 2010, the day they queried Nicks about the full nature of his grand jury testimony.

“My recollection was he told us during the course of the interview that he didn’t consider himself an expert on use of force,” Oreskovich said. “If he doesn’t qualify as an expert, then his opinion is irrelevant.”

Nicks stated in court records that he has spent the majority of his career reviewing officer reports to determine whether their use of force was justified. Ultimately, U.S. District Court Judge Fred Van Sickle will decide whether Nicks testifies.

Sweetser, the former prosecutor, said the public shouldn’t have to wait until a police official testifies under oath before the full story comes out.

“That’s what the public expects. They don’t expect the city to obfuscate and mislead and try to trick public opinion,” he said. “That ultimately undermines confidence in government.”

Shawn Vestal: Truth about Zehm sure took a while

"All it took was an inside investigation, an outside investigation, a lawsuit, public pressure to hire a police ombudsman, an FBI investigation, five years, 20 weeks and one day to drag the truth out into the light."

August 10, 2011
Shawn Vestal, The Spokesman-Review

It took just five years, 20 weeks and a day.

But finally we’re hearing the truth about Otto Zehm from Jim Nicks.

In a statement filed Friday in the federal case against Officer Karl Thompson, Nicks – who was the acting chief when Thompson and other officers confronted, beat, Tasered and hog-tied Zehm at a Zip Trip on March 18, 2006 – says Thompson’s account of the confrontation is factually wrong, his actions were improper and the subsequent police investigation of the incident was insufficient.

Nicks, stunningly, notes that there are a lot of “glaring inconsistencies” between the statements of Karl Thompson and the evidence.

He didn’t have much to say about the glaring inconsistencies between the statements of Jim Nicks and the statements of Jim Nicks.

The night Zehm went on his ill-fated shopping trip for candy and pop, Nicks rushed to the scene. So did City Attorney Rocky Treppiedi. Such was their dedication to the truth that they came out to a crime scene on a Saturday night, to get right to the bottom of things.

Which they very, very quickly did.

I happened to be on the weekend cops shift that Saturday night. I was at the convenience store, outside the crime-scene tape, trying to get a little information before a fast-approaching deadline. Nicks eventually came out and declared that the officers involved had followed all the department’s policies. And – hey, no contradiction here – he assured citizens that there would be a full investigation.

Even then – before Zehm had died, before much of anything was known about what happened – it was obviously a truth-challenged statement. Jim Nicks may not have known then what he knows now. But he did not know what he said, either.

As has become obvious.

“The officers were definitely within the (department) policy,” he said that night. “The officers used the lowest level of force possible.”

A few months later, Nicks said, “Karl had a lawful right to use the amount of force necessary to gain control of the suspect with the belief that Officer Thompson was about to be pushed, hit or charged. With that in mind, Thompson was within policy and training to use a nightstick and Taser in the manner which he did.”

Between then and now, Nicks has made a slow, gradual journey toward the light, apparently – while sticking up for Thompson and retailing obvious whoppers, such as Zehm’s fictional “lunge” toward Thompson, a tale that was first told that Saturday night outside the Zip Trip.

But then, sometime before Thompson’s June 19, 2009, federal indictment, Nicks apparently managed to take a peek at the store’s videotape. He testified to the contradictions in Thompson’s testimony before a grand jury. In June 2010, he approached Thompson’s defense team and told them about his concerns. On Friday, his statement was filed in federal court.

Better late than never, I guess. The thing is, all this truth-telling remained under wraps while the city continued to play hardball and cover its butt and blame Zehm and issue no-comments. But back when all Nicks had to spread was B.S., nobody seemed to mind.

If you’ve followed the case, reading Nicks’ current statement is breathtaking. Nicks says Zehm did not assault Thompson, lunge at him or try to punch him – Zehm was “retreating” and “non-assaultive.” Nicks now says Thompson should not have Tasered Zehm, or gone after him as quickly as he did with a baton – literally within a couple seconds. Thompson should not have used “vertical” blows to Zehm’s head.

Thompson, Nicks says, said a lot of things that are simply not supported by the evidence, and he points them out one by one. In particular, he notes time and again that Thompson’s testimony contradicts the store’s security video.

Which has only been available to police since … the night of the fight.

Five years, 20 weeks and one day. That’s how long it took for the acting police chief’s truthful account to emerge.

Nicks’ statement includes several eye-openers. When the cops interviewed Thompson about what happened, they gave him a nice, long, off-the-record interview, followed by a lunch break, followed by an on-the-record interview. Which they later allowed him the opportunity to correct.

Then there was this gem: “The SPD Major Crimes Unit also failed to perform a side-by-side analysis and comparison of Officer Thompson’s recorded statement against the objectively recorded Zip Trip store security video.”

And this: “Thompson’s immediate baton strikes to the retreating, non-assaultive Zehm did not serve a legitimate law enforcement purpose … and no reasonable officer would have perceived Zehm’s response to Officer Thompson’s presence as assaultive.”

Well … duh. All it took was an inside investigation, an outside investigation, a lawsuit, public pressure to hire a police ombudsman, an FBI investigation, five years, 20 weeks and one day to drag the truth out into the light.

Nicks is second in command of the Spokane Police Department. First is Anne Kirkpatrick. She likes to talk about the importance of telling the truth. Her supposedly cardinal rule: “If you lie, you die.”

What happened to Otto Zehm in the Zip Trip was appalling. The failures of honesty, accountability and good faith that followed are despicable.

Nicks’ long, strange trip to the truth only makes that more obvious.

Autopsy confirms inmate killed by Taser

June 14, 2011
ABC News

LILLINGTON, NC (WTVD) -- The North Carolina Office of the Chief Medical Examiner issued autopsy results Tuesday that list a Harnett County inmate's cause of death as complications from being Tasered multiple times.

"Given the autopsy and investigative findings, it is our opinion that the cause of death is complications of conducted energy device application," reads the report.

In March, Harnett County Sheriff Larry Rollins told ABC11 that 24-year-old Brandon Jolvon Bethea of Fayetteville was Tasered at the Harnett County Detention Center in Lillington after getting into an altercation with deputies.

Rollins said Bethea been in court earlier in the day and grew agitated when he was returned to jail. The medical examiner's report said Bethea suffered from schizophrenia and asthma.

Officers used a Taser - which emits a powerful electric charge - to control Bethea.

The autopsy report says officers noticed Bethea was non-responsive about 20 minutes after he was Tasered and they began CPR until EMS paramedics arrived.

Bethea was taken to Betsy Johnson Regional Hospital in Dunn where he was pronounced dead.

The report says Bethea was not handcuffed or restrained in any other way when he was Tasered.

Bethea had been in the Harnett County Detention Center under a $150,000 bond since January 23 after his arrest on two counts of attempted first-degree sex offense, attempted armed robbery with a dangerous weapon, possession of a firearm by a felon, and selling a counterfeit controlled substance.

New N.S. guidelines for stun gun use

June 9, 2011
CBC News

Nova Scotia has issued new guidelines for the use of stun guns and they go into effect immediately.

The guidelines call on police officers, court security and jails guards to consider whether a person is mentally ill before they use a shock to try to subdue them.

When confronting someone who is known to suffer from a mental illness, the officer or guard should only use a conductive energy weapon — more commonly known as a stun gun or Taser — as a last resort.

If there's a danger that shock could seriously hurt that individual, paramedics should be called to the scene before deploying a stun gun.

"We're educating not only the officers that are involved, but the health care services when an incidence occurs what the response should be," said Justice Minister Ross Landry.

Landry said Nova Scotia is the first province in the country to spell out when a Taser should be used on someone who may be mentally ill.

Officials with the Schizophrenia Society of Nova Scotia are pleased.

"These guidelines direct the officer to make the best possible decision as to whether or not this individual... actually is affected by a mental illness and in crisis," said Stephen Ayer, the executive director of the society.

Ayer said the key to the new rules is proper training and awareness.

Councillors back crisis intervention team concept

June 9, 2011
By MORGAN IAN ADAMS, Enterprise-Bulletin

COLLINGWOOD -- Councillors have gotten behind the push to create team to deal with individuals in crisis.

The idea was presented to the town's police services board in January by Marcus Firman, whose son, Aron, was killed in a confrontation with police last June.

Aron Firman died after he was hit with a conductive energy weapon, commonly referred to as a Taser, after OPP officers were sent to a St. Marie Street group home to deal with a domestic disturbance.

Firman, who was diagnosed as a paranoid schizophrenic, attempted to flee when he was told he was going to be taken into custody. In doing so, Firman struck an officer ; when it appeared he was advancing on another officer, that officer discharged the Taser on the 27-year-old man.

Firman died at the scene of cardiac arrythmia brought on by the use of the weapon on an individual in an agitated state, according to the coroner.

The province's Special Investigations Unit has cleared the subject officer of any wrongdoing, though SIU director Ian Scott has pointed the blame for Firman's death on the use of the Taser.

Aron Firman's father, Marcus, says his son's death would not have happened had the OPP a mobile crisis intervention team in place.

The crisis team proposed by Marcus Firman is similar to what has been put in place in other jurisdictions such as Toronto and Hamilton; the Toronto Police Service created such a team in the wake of a coroner's inquest into the death of Edmund Yu, a mentally-ill man shot and killed by Toronto police officers in 1997. The team would most likely consist of a mental health nurse and a plainclothes police officer, who would also preferably be unarmed.

The team could be called out to de-escalate situations where police have been called to an incident involving a person in crisis.

On Monday night, Collingwood councillors threw their unanimous support to petition the province to establish a provincial team, or consider a funding model that would allow health organizations and police services to establish local or regional crisis intervention teams.

Marcus Firman applauded council's decision.

"I think it's great that the council is being proactive in supporting the police services board in this initiative," he said. "It's the right thing to do.

"In 18 days time (June 24), it will be the one-year anniversary of Aron's death, and for sure that death would not have happened if there had been a crisis intervention unit in place at the time.

Firman is expecting the coroner to announce an inquest into his son's death -- though when that announcement could occur is anyone's guess; coroner's inquests are typically called when an individual dies in police custody.

"No doubt, in my mind, that the inquest would recommend the institution of an intervention unit," said Firman. "I think council is doing what they can with the province and the OPP to try and move (the concept of an intervention team) forward.

N.S. government trying to hide cause of Hyde's death, sister says

May 13, 2011
By MICHAEL MacDONALD The Canadian Press

The sister of a mentally ill Nova Scotia man whose death in a jail cell prompted a public inquiry is accusing the Nova Scotia government of trying to hide the cause of Howard Hyde's death.

Joanna Blair has written a scathing letter to Premier Darrell Dexter, saying she is ``shocked and saddened'' by the government's official response to the inquiry, released Thursday.

Blair's letter says the government has ``failed'' her brother and all Nova Scotians because its response is at odds with the inquiry's conclusion that Hyde's death was caused by a struggle with guards whose restraint techniques may have interfered with his breathing.

Instead, Blair says, the government's response revives a medical examiner's conclusion that Hyde died of a condition known as excited delirium due to paranoid schizophrenia — a controversial finding rejected by the head of the inquiry, provincial court judge Anne Derrick.

``This 52-page brochure ... succeeds only in propounding the use of the term 'excited delirium,''' Blair writes in the letter, released Friday.

``We requested the inquiry because we did not believe my brother died of the now renamed 'autonomic hyperarousal state.'''

The government's response says the province has yet to clarify its guidelines for Taser use, saying a ``clear understanding of how the use of conducted energy weapons may affect individuals in an autonomic hyperarousal state is needed.''

A spokeswoman for Dexter confirmed his office received the letter, but the premier had yet to read it.

In her inquiry report released in December, Derrick said she agreed with one expert who testified that citing excited delirium as a cause of death resulted in Hyde being ``identified as the culprit.''

``The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint,'' Derrick wrote. ``He did not die because he was mentally ill.''

She also said there is considerable controversy within the medical community as to whether excited delirium is a legitimate medical condition.

The issue received considerable scrutiny during Derrick's 11-month inquiry, as it did during the public inquiry into the death of Polish immigrant Robert Dziekanski, who died in October 2007 after he was Tasered by a Mountie at Vancouver International Airport.

A subsequent independent report commissioned by the RCMP also criticized the use of the term, saying the condition is sometimes used as an excuse to justify firing stun guns.

In February 2009, the RCMP restricted the use of stun guns to cases involving threats to officers or public safety, confirming that officers had previously been instructed to use the weapons to subdue suspects thought to be in a state of excited delirium.

That term no longer appears in RCMP operational manuals because the force has taken the position that its officers can't be expected to ``diagnose conditions.''

In her letter, Blair also suggests it was wrong to describe her brother as mentally ill.

``That the government of Nova Scotia could attempt to mask the actual cause of death, restraint, and couch my brother's fate within the fabrication of the ignorant and unthinking terminology of 'mental illness' — a term he never agreed with — is staggeringly disheartening.''

During Derrick's inquiry, which wrapped up last June, the judge was told Hyde had been diagnosed with schizophrenia when he was in his 20s.

Hyde death prompts N.S. changes

May 12, 2011
CBC News

The Nova Scotia government says it is still trying to mend gaps in the justice system more than three years after the jail cell death of a mentally ill man.

Howard Hyde died on Nov. 22, 2007, after a struggle with guards at the Central Nova Scotia Correctional Facility in Dartmouth, N.S., in which the 45-year-old schizophrenic man was shocked with a Taser up to five times in the 30 hours before he died.

"People with mental illness are from time to time going to come into the justice system. We really need to have a much better, seamless, relationship between these two departments," Health Minister Maureen MacDonald said of her department and the Justice Department.

Hyde fell through the cracks between the justice system and the health system, with doctors releasing him to police, expecting he would be sent for a mental-health assessment. He was never sent for an assessment and died in police custody.

Three weeks ago, Nova Scotia opened an intensive care ward at the East Coat Forensic Psychiatric Hospital in Burnside. Hyde would likely have been sent there, had it existed at the time.

Call for stun gun restraint

In December, provincial court Judge Anne Derrick released a report into Hyde's death that concluded the repeated jolts from the Taser did not cause him to die. She also said excited delirium — a condition characterized by increased strength, paranoia and suddenly violent behaviour marked by profuse sweating and an elevated heart rate — was not the cause of death.

"The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint," Derrick wrote at the time.

"He did not die because he was mentally ill."

As one of Derrick's 80 recommendations, she said stun guns should not be used against emotionally agitated people, except as a last resort.

In its formal response to Derrick's report, the government said Thursday that the use of stun guns has dropped since Hyde's death but provincial guidelines on the use of conducted energy weapons are still being finalized.

Better than lethal options

Justice Minister Ross Landry and MacDonald had little to say about the other recommendations in Derrick's report and simply said the training program for those dealing with mentally ill people had been revised.

"You can see upon some occasions where not having that instrument you might have to resort to another piece of equipment that could give lethal force," Landry said.

The ministers said all of the judge's recommendations were considered, including increasing funding for mental health services.

MacDonald said a mental health strategy, to be released in the fall, will provide more details on the 90 actions the government is taking. Of those actions, 20 have to do with training in dealing with people with mental health issues as well as conducted energy weapons.

The government did not say how much it would cost to implement these actions or when it would be in place.

"Unfortunately Howard died and that's very troubling," said Stephen Ayer of the Schizophrenia Society of Nova Scotia. 'However things have changed immensely because of his death."

Remembering Aron Firman

Please see April 27 is Aron Firman’s birthday

Father calls for OPP crisis team

January 19, 2011
By QMI AGENCY

COLLINGWOOD -- The father of a man who died after being Tasered by a Collingwood OPP officer wants to see the detachment create a team to deal with people in crisis.

Aron Firman, 27, died last June after an officer sent to investigate a disturbance call used a Taser on him.

Firman was diagnosed as a paranoid schizophrenic.

His father, Marcus, says his son's death would not have happened had the OPP had a mobile crisis intervention team in place.

On Monday, he and solicitor Julian Falconer pitched the idea of a team to the Collingwood Police Services Board. The board accepted the recommendation in principle and will see whether the idea could work.

"It's baby steps, and putting in place (what's needed) to make it happen," Firman said after his deputation to the board. "It's better to be proactive than reactive, because if they're reactive, then what's the risk and liability of not doing something?

"This is not about guilt, this is about putting something in place to protect the most vulnerable people."

The concept presented to the board would be to have a two-person team, one a plainclothes officer, and the other a mental health nurse. The team could be called out to de-escalate situations where police have been called to an incident involving a person in crisis.

Firman pointed to the crisis intervention team created by the Toronto Police Service as a result of the Edmund Yu inquest -- Yu was a mentally-ill man shot to death by police on a TTC bus in 1997 -- that dealt with more than 300 cases in 2010, "all of which were resolved without the use of violence."

Firman also asked the police services board to approach the G&M Hospital to participate.

Falconer, who has been hired by the family to represent them at any future inquest, and has worked on behalf of other families in similar circumstances, told the board the need to implement the team is "a human need to prevent future tragedies."

He also pointed to the deaths of two other individuals -- Doug Minty and Levi Schaeffer -- that occurred around the same time as Aron Firman's, "and each one suffered from a mental disability."

None were criminals, said Falconer, and died as a result of "a misperception of what was happening," because of their disabilities.

In the Firman case, the province's Special Investigations Unit found there weren't grounds to charge the officer who used the Taser and the use of the device was justified by the situation.

"This is not a one-off, this is not a fluke," said Falconer. "You have the opportunity to make an important change. This is not about doing battle (legally), but about an opportunity to institute a change.

"Had the mobile crisis team been available (for Aron Firman), it would have made a tremendous difference," he said. "We ask a lot of our police, but they don't sign up to be counsellors or psychiatrists -their primary focus is to enforce the law... and expecting them to (get involved) in complicated matters when they're not specialized is unrealistic."

Board chairman Paul Montgomery noted the pair "made a compelling case in principle . . . (but) implementation is another question.

"Obviously it's a good idea; I just don't know whether or not it would be possible."

The municipality might have to review its contract with the OPP.

"It deserves an examination," added Collingwood OPP detachment commander John Trude.

(Ontario) Police rarely use stun guns

December 10, 2010
SCOTT DUNN, SUN TIMES

Special Investigations Unit director Ian Scott's view that a stun gun killed a Collingwood man may cause officers to think twice about using them, one local police chief said.

But Saugeen Shores Police Chief Dan Rivett said Thursday in an interview that doesn't mean police should stop using conducted energy weapons when called for.

The stun gun death of an agitated, schizophrenic man by a Collingwood police officer is the latest incident in which concerns about police use of these devices have been raised.

This time though, it was the SIU director who said he thinks the stun gun caused Aron Firman's death.

Firman, 27, died after being Tasered by Collingwood OPP June 24 outside a group home in Collingwood.

SIU director Ian Scott concluded this week the use of the Taser "was not excessive, notwithstanding the fact that it caused Mr. Firman's demise."

No charges were justified against the officer, Scott found, because the officer's training shouldn't have led him to expect the device would kill.

Ontario's chief forensic pathologist, Michael Pollanen, attributed Firman's death to "cardiac arrhythmia precipitated by electronic control device deployment in an agitated man." He had underlying health issues which may have predisposed him to arrhythmia, Pollanen found.

The victim's father has called for Tasers to be re-classified as "potentially lethal weapons."

Sgt. Pierre Chamberland, an OPP corporate spokesman in Orillia, said the SIU finding will prompt a review of all policies related to deploying a Taser, as required under the Police Services Act. But they're still being used now. He wouldn't say how often the OPP use their Tasers, saying it's an "operational matter, we don't release that." He also said whether using handcuffs or guns, "we are trained with the fact that with any use of force there is an inherent risk of serious injury or death."

No Saugeen Shores officers have ever fired their conducted energy weapons since they were issued them in 2007. But Rivett says they still have their place. "Sure, does it make you give pause and think twice? Absolutely it does. But that in turn could put you in jeopardy or a member of the public," he said. He hopes the Collingwood death of a man won't cause his officers to hesitate when they shouldn't, he said. "That's a real concern. So there's a very delicate balance there that police officers are put into every day."

Training and guidelines set out when a Taser may be used, one step short of employing deadly force with a firearm, he said.

Owen Sound police sergeants continue to use Tasers, under escalating use-of-force guidelines too. "We haven't changed our policy and they're still in use in Owen Sound," Deputy-Chief Bill Sornberger said Wednesday in an interview. So far this year, Tasers have been drawn eight times and fired twice in the city, he said.

He declined to comment on any possible implications of the SIU conclusion that a stun gun shock killed Firman. Sornberger said he wanted to read more about the circumstances and information from the SIU before commenting further.

Grey County OPP officers who are qualified to use stun guns do so "extremely infrequently," said Bob Mahlberg, the detachment commander in Chatsworth. He didn't have the statistics available to say how often and said a freedom of information request could be filed. The devices, which cause muscles to involuntarily contract, are used to gain immediate control of someone, where other options were ineffective or precluded, he said. "From what I have heard so far, there is no change in policy. We are aware of the (SIU) decision. We are aware of the comments made by the director of the SIU," Mahlberg said.

Grey County OPP Const. Steve Starr said conducted energy weapons are not used frequently but they can be used successfully. He cited a man at a group home recently who struck another man with a fire poker in the presence of police who was taken into custody without incident after being stunned.

Mahlberg said a police officer is always responsible for the amount of force used on an individual, whether he or she employs physical force or use-of-force equipment. "It's required under the criminal code and we are only allowed to use as much force as is reasonably necessary to do our job."

Victim’s family wants Taser reclassified as lethal

“It’s a fact now — it’s lethal.”

December 10, 2010
Morgan Ian Adams, QMI Agency/Toronto Sun

COLLINGWOOD, Ont. - The father of a man killed earlier this year by a jolt from a Taser says the police weapon should be reclassified as lethal.

On Monday, the Ontario's Special Investigations Unit cleared a provincial police officer who administered the lethal shock to Aron Firman, 27, and blamed the weapon itself – only the second time in Canada that an official link been drawn.

“If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man,” said Marcus Firman, the father of the schizophrenic man.

On June 24, two officers who responded to a call of an altercation found Firman sitting on a chair in the backyard of the group home, according to the SIU report.

Police said Firman grew increasingly agitated as he was questioned and, according to the report, elbowed one of the officers in the face.

When an officer discharged his Taser, Firman reportedly fell to the ground, unconscious. He was later pronounced dead at hospital.

A post-mortem report indicated Firman died from “cardiac arrhythmia” precipitated by the use of the Taser.

Marcus says his son had a slightly-enlarged heart, and a “genetic marker” that occurs in roughly 20% of the population, in which the heart receives an excessive level of calcium, which could have been factors in his death.

“Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm,” he said. “It’s a fact now — it’s lethal.”

A coroners inquest continues into his death.

Hyde report will inform N.S. mental health strategy

December 10, 2010
The Canadian Press/CTV

HALIFAX — Nova Scotia's health minister says she will direct her department's mental health policy working group to look at recommendations from a fatality inquiry into the jail cell death of Howard Hyde.

Maureen MacDonald says provincial court Judge Anne Derrick used some very specific language regarding mental health issues in her report on Howard Hyde's death.

Hyde, a 45-year-old musician diagnosed with schizophrenia, died while in custody in a Halifax jail in November 2007 after he was restrained by guards.

MacDonald says she will review the directions she has already given department officials to make sure the parameters outlined by Derrick are covered.

She says a direct response to the concerns raised by Hyde's death will follow shortly.

MacDonald expects to deliver government's new mental health strategy next year.

Culture shift needed in society, system

December 9, 2010
MARILLA STEPHENSON, Chronicle Herald

In the end, who failed Howard Hyde?

Perhaps, to some degree, we all did.

There is really no way to dress up the realities of mental illness. It is not pretty, and it can be a very tough challenge to support people in crisis. The people who live closest to those who suffer from mental illnesses are victims of the illnesses, too.

There is also no way to disguise or excuse how our society has continued to respond to people who experience mental illnesses. The stigmas are clear and well understood, even by young children in our schools. The branding begins early.

Hyde is the Dartmouth man who died in custody in 2007. He suffered from schizophrenia. The police were told of his mental illness when he was taken into custody over allegations of domestic abuse. He later died after an intense struggle with prison guards.

Provincial court Judge Anne Derrick released the fatal inquiry report into Hyde’s death on Wednesday. She firmly rejected a previous finding by a pathologist that he had died due to a condition termed "excited delirium."

Derrick dismissed that finding as a "red herring" that did not exist in Hyde’s case.

She also found that while the repeated use of a Taser on Hyde during his time in police custody "worsened the situation," it was not the cause of his death. She did, however, remind justice officials that so-called stun guns are to be used as an alternative to lethal force rather than as a front-line option to subdue suspects who are emotionally disturbed.

His death was accidental, Derrick found, but it came as a direct result of his struggle with prison guards.

In the comprehensive list of 80 recommendations, Derrick tossed the ball firmly into the hands of the provincial government.

She begins by calling for the establishment of a long-promised, but still absent, mental health strategy. It is clearly not by accident that this basic framework is at the top of the list as a necessary building block from which other improvements would naturally evolve.

The judge also calls on the province to increase funding for mental health, but not to do it by reallocating funds from within the existing envelope of health-care funding. This reflects the fact that mental health issues have for too long languished on the list of health-care priorities.

We are left with a fractured, often inaccessible mental health system where vanishing waiting lists are proudly waved around by government as proof of treatment for patients. Improvements are being made, and Derrick’s report makes note of policy changes that have already occurred in the justice system in the wake of Hyde’s death.

But it is hard to comprehend that none of the guards involved in the struggle with Hyde minutes before he died had any training to help them deal with prisoners who suffer from mental illness.

One seemingly innocuous recommendation, No. 49 on Derrick’s list, speaks volumes. Directed at justice system staff and other front-line officials who are in contact with prisoners who suffer from mental illness, it is brief and to the point:

"Training should have, as its overarching purpose, the development of a culture of respect and empathy for persons with mental illness in the justice system."

This is a statement that reaches beyond the justice system and into our society as a whole. While mountains have been moved in reducing the acceptance of stereotypes linked to mental illnesses, many of the most basic government services — justice and health among them — are still handcuffed by systemic ignorance.

The judge called for alternatives for people with mental illness who come in conflict with the law, and says the responsibility reaches well beyond the justice system.

"As the evidence before the inquiry has vividly illustrated, grasping this nettle is not just the responsibility of the justice system; creativity and commitment to change are required of the health system and the community, too."

The principles of respect and empathy provide a good place from which to start.

Father of fatal Taser victim speaks out

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he [Marcus Firman] said. "It's a fact now — it's lethal."

December 8, 2010
Barrie Examiner
By Morgan Ian Adams

COLLINGWOOD — The father of a man killed by police earlier this year says conductive energy weapons such as Tasers should be reclassified as lethal weapons.

On Monday, the province's Special Investigations Unit cleared the Collingwood OPP officer who administered the lethal shock to Aron Firman of any criminal wrongdoing. However, SIU director Ian Scott did pinpoint the Taser as the cause of the 27-year-old Collingwood man's death.

"The reality of it is, Aron didn't have to die," said Marcus Firman, who met with SIU officials on Monday to be briefed on Scott's report. "This is a tragedy on so many levels.

"If the officer knew it would be lethal, I would hope (the officer) would have considered other options when dealing with an unarmed man."

On June 24, two officers responded to the group home where Firman lived, to a call of an altercation. When officers arrived, they found Firman sitting on a chair in the backyard of the group home; according to the SIU, the officers attempted to question Firman, who grew increasingly agitated.

According to the SIU, Firman got out of his chair and "moved aggressively" toward the subject officer, a male. The other officer on the call, a female, attempted to intervene, but was struck in the face by Firman's elbow.

Firman advanced on the subject officer, who then discharged his Taser at Firman. He fell to the ground, unconscious, and when paramedics arrived on the scene, vital signs were absent. Firman was later pronounced dead at the General & Marine Hospital.

Marcus Firman says he was informed by the SIU that, based on witness statements, group home staff offered to perform CPR when they realized his son was in medical distress, but were refused by officers at the scene.

A post-mortem report indicated Firman died from "cardiac arrhythmia" precipitated by the Taser.

"The Taser is characterized as a less lethal or intermediate weapon both in the OPP operator recertification material and the use of force model," said Scott in a news release issued Monday afternoon. "However, in this incident, the Taser's deployment in my view caused Mr. Firman's death. Obviously, in this case, there is a dissonance between the post-mortem findings and the aforementioned classification of the Taser."

Scott said the officer could have reasonably thought the Taser would not be lethal based upon his training.

The pathologist report by Dr. Michael Pollanen, Ontario's Chief Forensic Pathologist, also determined Firman has underlying health conditions which "could" have predisposed him to arrhythmia; Marcus Firman says his son had a slightly-enlarged heart, and a "genetic marker" that occurs in roughly 20% of the population.

Firman says based on the report of the pathologist and Scott's comments, Tasers should be reclassified as "potentially lethal weapons.

In Firman's opinion, the officers could have relied on pepper spray, a baton, or hand-to-hand, in order to subdue his son. Aron Firman was diagnosed as a paranoid schizophrenic, but was not regarded as a violent individual.

Firman also says the officers did not appear to be trained to "de-escalate a situation" involving an individual with a mental illness; he says officers would have been aware they were responding to a group home environment where there were residents with a variety of mental illnesses.

"Recognizing that the Taser is, in fact, potentially lethal, we are urging Taser International and the police to do the right thing and reclassify the weapon as a weapon of last resort, next to the use of a firearm," he said. "It's a fact now — it's lethal."

Firman said he has spoken to the regional coroner's office, and has been informed there will be an inquest into his son's death. Under the Ontario Coroner's Act, an inquest is mandatory if the death occurs while an individual is in custody, or is being detained by a police officer.

Major recommendations from inquiry report into death of Howard Hyde

December 8, 2010
Charlottetown Guardian

HALIFAX - Major recommendations contained in the Nova Scotia fatality inquiry report into the death of Howard Hyde:

Stun guns should not be applied to people in a state of agitation due to an emotional or psychological disturbance except as a last resort once it has been determined that crisis intervention and de-escalation techniques have not worked.

The province's Justice Department should overhaul the manual it uses for stun gun training to significantly reduce, if not eliminate, the reliance on Taser International resource materials.

Crisis intervention training should be provided to all correctional officers at the Central Nova Scotia Correctional Facility.

Video surveillance cameras should be installed in health care segregation cells to ensure that correctional officers are able to more readily identify that a prisoner is in crisis.

Training should improve for front-line police officers, correctional officers and physicians on a variety of fronts, from note-taking to the preparation of health information transfer forms.

The province's justice minister should conduct an annual review on the implementation of these recommendations.

Taser-inquiry judge rejects excited delirium as cause of Nova Scotia man’s death

December 8, 2010
Globe and Mail

A Nova Scotia judge probing the death of a paranoid schizophrenic man who was tasered during violent struggles in custody rejected an official finding of excited delirium, calling the diagnosis “riddled with issues.”

Provincial Court Justice Anne Derrick noted in a massive report into the death of Howard Hyde that excited delirium is not recognized in the psychiatric lexicon and can be a convenient way to explain otherwise mysterious fatalities.

“The use of excited delirium to explain sudden deaths with no anatomic findings implies that the person had something wrong with them that caused their inexplicable death,” she wrote. “Manner of death may then be classified as ‘natural’ rather than ‘accidental.’ I ... do not accept that this would have been appropriate in Mr. Hyde’s case or in similar cases.”

Her finding contradicts that of the province’s chief medical officer, who determined that Mr. Hyde’s death in November of 2007 was due to “excited delirium due to paranoid schizophrenia.”

Judge Derrick concluded that Mr. Hyde’s death was accidental, resulting from the struggles to restrain him.

Mr. Hyde, a 45-year-old musician who was off his medication, was arrested for allegedly assaulting his wife. His booking spiralled out of control and he was tasered repeatedly and physically restrained as he tried to flee police headquarters.

He was revived by police and kept until morning in hospital, where he was given anti-psychotic medication. A psychiatric assessment was recommended but police said he had to be brought before a judge. The day after his arrest Mr. Hyde was transferred to a local jail. The assessment had not been done and he had no medication.

Mr. Hyde collapsed and died the next day after struggles with guards at the jail.

Judge Derrick concluded that both police and jail guards used reasonable and proportionate force. She found that the taser did not cause the Dartmouth man’s death and ruled out a ban on the weapons. But she determined that its deployment in this case, although within existing police guidelines, was “ill-advised.”

“In Mr. Hyde’s case it subjected an acutely anxious man to excruciating pain,” she wrote. “I have found on the evidence that the use of the [conducted-energy weapon] on Mr. Hyde worsened the situation.”

She concluded that Mr. Hyde did not assault any of the police officers and that physical contact he made with them was related to his “terrified attempts to get away .. or ward off the CEW.”

Judge Derrick recommended that police use these weapons on agitated people only as a last resort and that the Department of Justice should “reduce if not eliminate” reliance on resource materials from Taser International.

Lawyers and family members involved with the inquiry received their copies of the report at the same time as it was made public Wednesday and are not expected to comment until later in the day.

Judge Derrick began the fatality inquiry 11 months ago; it is the longest in the province’s history.

Surveillance video viewed during the inquiry showed part of the lead-up to the fracas at police headquarters. Other parts happened off camera but were audible.

The audio recording from the surveillance video indicated that tension escalated quickly in the fingerprint room, an area just off the booking room. Police testified that Mr. Hyde looked “scared” and tried to back away as police went to cut the knotted drawstring on his shorts.

Audio from the surveillance recording includes a passage that sounds like “we're just going to cut one of those balls off.” This, police said, was a reference to the drawstring.

Judge Derrick called the choice of words “unfortunate” but added that the officer couldn’t have known the effect they would have on Mr. Hyde.

Voices were raised and then someone – the three officers present testified under oath that it was not them – is heard making an expletive-laden statement resembling “you're going to be doing the dance next.”

Judge Derrick accepted that the officers had not said this. She wrote that the words had likely come from Mr. Hyde, “reflecting his perception” that police were going to harm him.

Seconds later, Mr. Hyde apparently tried to make a run for it. He was tackled behind the booking counter of police headquarters and tasered. He broke free, leapt over the counter and was tasered again in a nearby hallway. He stopped breathing there and had to be revived.

From there, Mr. Hyde was brought to hospital and then jail. He was convinced there were “demons” in the jail and struggled with guards. He collapsed and died in jail, 30 hours after his arrest.

“Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint,” Judge Derrick concluded. “The manner of Mr. Hyde’s death was accidental.”

Hyde report to be released today

December 8, 2010
Michael MacDonald, The Canadian Press

Three years after Howard Hyde died in a Halifax-area jail cell, a provincial court judge will release an inquiry report today that is expected to recommend far-reaching changes to the way police, corrections and health authorities deal with the mentally ill.

The 11-month probe, led by Judge Anne Derrick, was the longest fatality inquiry in Nova Scotia’s history.

"I’m looking forward to her recommendations," said Dan MacRury, the inquiry’s lead council. "I’m very hopeful they will be a catalyst for positive change in the system . . . There is change coming."

During the hearings, which wrapped up last June, Derrick learned Hyde was a 45-year-old musician from Dartmouth who had long taken medications to cope with schizophrenia.

But on the night of Nov. 21, 2007, something went terribly wrong.

Hyde’s common-law wife, Karen Ellet, called a crisis hotline to complain he had assaulted her while in a psychotic state.

Police were dispatched and Hyde was arrested, but not before Ellet told them her husband had not been taking his medication and required psychiatric help.

Despite her plea, Hyde was never given the help he needed. The inquiry heard from multiple witnesses who testified that a psychiatric assessment would have helped the man, but a series of snafus, misunderstandings and overlapping jurisdictions got in the way.

In his final submission to the inquiry, MacRury said: "The system has to ensure that if someone like Mr. Hyde comes into contact with the justice system and the health system in need of psychiatric care, they receive it in a timely manner."

Police officers testified they had to bring Hyde before a judge because he was facing allegations of domestic abuse. But the booking process quickly spiralled out of control inside the Halifax police station.

A surveillance camera captured the moment when an officer told Hyde a utility knife would be used to remove a knot from the drawstring in Hyde’s shorts, saying: "I just have to cut off one of those balls there."

At that point, Hyde sprinted toward the booking counter, where he was tackled and Tasered.

The officers involved in the scuffle testified that Hyde displayed incredible strength as he fought them off, eventually vaulting over the counter and running toward a hallway, where he was again Tasered as officers struggle to control him.

Police testified that Hyde went limp and his heart had stopped after the Tasering. But paramedics revived the man and took him to hospital, where he received anti-psychotic medication and a recommendation for a psychiatric assessment.

But there was confusion over who would handle the assessment, given that police were saying Hyde had to be brought before a judge.

Hyde was released from hospital in the morning with a doctor’s note scrawled on a health information transfer form, saying he should be returned to the emergency department if the court failed to provide him with an assessment.

Again, there was confusion as to how those instructions would be carried out.

Police testified they didn’t have the jurisdiction to detain Hyde, and the sheriff’s deputies at the court said they weren’t allowed to disclose health documents to the Crown and defence lawyers.

In the end, Hyde was transferred from the court to the province’s largest jail — without medications and without an assessment.

The inquiry heard that early on Nov. 22, 2007, Hyde tried to escape from a correctional worker because he believed there were "demons" at the end of a long, windowless hallway. Two struggles ensued. Hyde died in a holding cell amid a tangle of guards.

A medical examiner concluded the cause of death was excited delirium with three contributing factors: the restraint technique used by guards and Hyde’s obesity and heart disease.

Excited delirium is a condition characterized by increased strength, paranoia and suddenly violent behaviour marked by profuse sweating and an elevated heart rate.

Kevin MacDonald, a lawyer representing Hyde’s sister, Joanna, told Derrick that the cause of death was likely a guard’s restraint method, which he said left Hyde on his stomach, struggling to breathe.

MacDonald recommended Derrick call for a ban on the use of Tasers and an overhaul of police restraint techniques.

"We want to hear from the judge as to her views on what happened to Mr. Hyde," MacDonald said. "That is part of her mandate: determining cause of death and the circumstances leading to his death."