Police and a jail guard in Central Saanich, B.C., have been cleared of any wrongdoing after a man suffered cardiac arrest and a brain injury while in a police holding cell.
In a decision released Monday, British Columbia's police watchdog, the Independent Investigations Office of B.C. (IIO), laid out the sequence of events that led to the man's injuries last summer.
According to the IIO, Central Saanich police received a complaint that the man had assaulted his spouse at approximately 8:40 a.m. on Aug. 7, 2021.
When officers arrived, they noticed the man "had some difficulty walking and keeping his balance," according to the IIO report authored by chief civilian officer Ronald J. MacDonald.
Paramedics were called to treat the man, who had "an extensive history of medical issues," the report said. The man declined to go to hospital and, after paramedics consulted with a doctor, he was allowed to go to police holding cells.
The man was released from custody several hours later at 4:20 p.m. and had no further medical concerns, according to the investigation. Conditions of his release mandated that he not have any contact with his spouse.
"Despite stating several times that he would not obey those conditions, [the man] was ordered released by the court and taken by police to a motel," according to the IIO.
The man was arrested again around 7 p.m. after his spouse returned home to find him "sitting on the couch in her living room," according to the IIO. "His eye was purple and bloody and he was bleeding from his elbow. He told her that someone had found him face down in the road and had driven him home."
Audio recordings of the second arrest reveal the man was "frustrated and annoyed" but "there is no indication that any force was used against him," the IIO report said.
The suspect was returned to the police cells and again treated by paramedics. His cell door was locked at 7:45 p.m.
"Central Saanich Police Service policy requires checks on detainees every 15 minutes," according to the report. "Evidence from cell block video and the cell log suggest that checks were conducted on [the man] during his stay, at intervals of approximately 15 to 20 minutes."
The IIO noted that some entries in the logbook could not be corroborated by video recordings because of technical issues with the surveillance system.
The investigation determined the man moved around the cell throughout the night and showed no signs of medical distress until 6:36 a.m. when he appeared to have a seizure. Two minutes later, the man appeared "to settle in a rather unnatural resting position" before two officers entered and attempt to rouse him.
"Unfortunately, the way the cell video camera is set up, it cuts out when the cell door is open, but audio of the events can be heard on recordings made by a nearby camera in the booking area," according to the IIO. "It can be heard that an officer is doing chest compressions, and an automatic defibrillator is brought to the cell and applied."
Paramedics arrived at 6:56 a.m. and took the man to hospital, where he was found to have suffered a brain injury due to loss of oxygen during a heart attack, according to the IIO.
The IIO director's report found no evidence of negligence on behalf of the police or the civilian jail guard.
The man's "medical distress was noticed very quickly after it became visually apparent, and all appropriate efforts were made to render medical assistance and summon medical professionals," MacDonald wrote.
"Therefore the matter will not be referred to Crown counsel for consideration of charges," he added.
