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59-Year-Old Male

ASIRT concludes investigation into in-custody death involving officers of Ponoka RCMP

Aug 31, 2023 | 12:46 PM

The Alberta Serious Incident Response Team (ASIRT) has completed its investigation into the grave medical condition of a 59-year-old male while in the custody of the Ponoka RCMP.

The report from ASIRT’s executive director, Michael Ewenson, indicates the individual had gone into medical distress after his arrest on the night of September 10, 2020, and ultimately died on the evening of September 11, 2020.

ASIRT’s report notes that an autopsy was conducted on the affected person and the pathologist’s finding for the immediate cause of death was blunt force trauma to the head. The report also stated, in part: considering the history, circumstances, autopsy examination and ancillary test results, the cause of death is due to blunt force trauma to the head, with liver cirrhosis considered a contributing factor to death.

The manner of death was determined to be accidental and appeared consistent with complications from a fall on September 10, 2020, prior to police arresting the decedent.

ASIRT says it was directed to investigate the death of the affected person as it occurred in circumstances involving him being in the custody of the RCMP, at the time he went into medical distress. In this case, says ASIRT, it was clear there was only minimal physical contact by police officers on the affected person. No substantive “force” was used by a police officer prior to the male going into medical distress, the report concludes.

The report’s conclusion further notes that when the affected person was noticed to be in medical distress, emergency medical aid was sought. While the male was transported to hospital alive, his condition deteriorated, and he sadly passed away later that day.

As previously noted, the OCME (Office of the Chief Medical Examiner) reported the cause of death to be blunt force trauma to the head, with liver cirrhosis considered a contributing factor to death.

The report indicates all of the officers involved believed they were dealing with an intoxicated individual. There was interaction with the affected person, with nothing causing any of the participants to believe that the male was suffering from anything but intoxication.

“We now know that this was not the case,” reads Ewanson’s report. “With the benefit of hindsight, we know that AP (affected person) should have been medically assessed before being lodged in cells. Whether this would have averted the tragic outcome will never be known.”

Determination of what, if anything, could be done differently (e.g. policy/training) in the future to avoid similar circumstances is something that is said to be within the purview of a Fatality Inquiry.

“Given the foregoing, while AP’s death was untimely and tragic, there are no reasonable grounds to believe that any officer(s) committed an offence(s),” the report concludes.

AISRT’s Overview of the Circumstances Surrounding the Death of the Affected Person

“On September 9, 2020, AP attended a friend’s residence (civilian witness #1 – CW1) in Ponoka. While there, AP became intoxicated and fell within the residence striking his head. The fall resulted in AP suffering a cut over his left eye. The residents called EMS to assist AP. EMS attended and subsequently transported AP to hospital. At the hospital, AP had a CT scan completed, which showed no abnormalities. AP received some stiches and a bandage for the cut above the eye. He was then released from the hospital.

“The following day, September 10, 2020, AP once again attended CW1’s residence. He consumed alcohol with those present to the point that he became quite intoxicated. At one point AP went to use the washroom, but ended up urinating in his pants and on the floor of the bathroom. AP came back and sat in a chair. The boyfriend of the home owner (civilian witness #2 – CW2), who was also present, became upset about this and no longer wanted AP in the house; so he lifted AP up and assisted him up the stairs and out of the door to the house, leaving AP outside.

“Unbeknownst to anyone at the time, AP subsequently fell off the step he had been left on. AP fell backwards, forcefully striking the back of his head on the ground. Sometime later, CW1 came outside to check on AP. She called a cab to come get him. The cab operator later knocked on her door but CW2 would not let her answer it, as he was not supposed to be in contact with CW1. The cab operator then left.

“CW1 went to the bathroom so CW2 would not be aware that she was calling the police. She reported that there was an intoxicated male in the area of her residence. She did not give her actual address, but just a description of the area AP could be found.

“RCMP officers were dispatched to check on the welfare of an intoxicated male. Officers subsequently were able to locate AP lying on his back in the parking area to CW1’s residence. AP was found to be very intoxicated but conscious. An officer knocked on the door to the residence, but CW2 would not let CW1 answer the door. With nowhere else to take AP, he was arrested for being intoxicated in a public place. He was assisted to his feet and escorted to a police vehicle. AP was transported to the Ponoka RCMP detachment.

“Once at the detachment, AP was lodged into a holding cell, to be released when sober. A guard was tasked with monitoring AP. Inside the cell, AP fell from a seated position and struck his head. AP subsequently was sitting on the toilet and fell off hitting his head. The guard summoned an officer to check on AP. The officer conducted a physical check on AP. AP spoke with the officer and indicated that he was okay, other than his eye was sore.

“The guard continued to monitor AP, and noted that he was visually breathing. On a subsequent check, he kicked the cell door, but AP did not respond. The guard notified an officer that was coming on shift, she went into the cell and found that AP was nonresponsive to external stimuli, so an ambulance was called.

“AP was transported to the hospital where it was determined that he had a large brain bleed. AP was originally placed on life support, but later that evening it was removed and he passed away.”