Use of force by Essex officers prior to man's death was necessary, investigation finds

An Independent Office for Police Conduct (IOPC) investigation into the actions of Essex Police officers prior to the death of a man who had been Tasered, has found that their actions were necessary and proportionate in the circumstances.

Sali Byberi, aged 29, died following contact with Essex officers in Braintree on 21 November, 2022.

At an inquest, which concluded yesterday (18 December) at Essex Coroner’s Court, a jury returned a narrative conclusion that Mr Byberi died of acute toxicity with acute behavioural disorder (ABD), involving increased activity, including during a period of restraint and significant hyperthermia. It also found that the use of Taser did not contribute to Mr Byberi’s death and that the initial restraint of him was necessary and appropriate.

Our investigation, which began following a mandatory referral from the force, established that at around 11.30am on 21 November, two officers attended an address following a report from a member of the public of a domestic dispute happening inside a property. 

Police body worn video shows that the officers tried to speak with Mr Byberi, who acted erratically and demanded they leave the address. At one point, Mr Byberi assaulted an officer and they attempted to arrest him. He continued to physically resist officers and ignore their instructions and was Tasered by an officer.

A further physical altercation took place as one of the officers attempted to place handcuffs on him and Mr Byberi was Tasered again. The officer sustained a serious leg injuring during the altercation. Further officers arrived and he was handcuffed. He complained that the he could not breathe and remained agitated and continued to resist officers.

Having been made aware that Mr Byberi had taken cocaine, officers recognised that he was displaying symptoms of ABD.

Officers attempted to calm him down and have held him down on the bed and applied leg restraints. Mr Byberi’s condition deteriorated and paramedics arrived at the scene, where he sadly died a short time later.

A post-mortem found no causal link between the Taser discharge and Mr Byberi’s death, which was attributed to complications resulting from acute cocaine toxicity.

At the conclusion of our investigation in October 2023, we found no indication that any officers had behaved in a manner that would justify bringing disciplinary proceedings.

IOPC regional director Charmaine Arbouin said: “Our thoughts and sympathies remain with Mr Byberi’s family and everyone affected by his death.

“We carried out a thorough independent investigation into the actions of officers prior to his death.

“The officers were met with a volatile situation and Mr Byberi’s behaviour was unpredictable and he refused their instructions. We consulted with a use of Taser expert, whose view was that the officers were left with no other option than to eventually use Taser to subdue and arrest him.

“We found that the use of Taser was necessary and proportionate, along with the use of restraints.

“After recognising Mr Byberi’s condition, the officers displayed a high degree of compassion and aftercare toward Mr Byberi while they waited for paramedics.”

As part of our investigation, we carried out a detailed scene examination, statements were taken from witnesses and all officers that had contact with Mr Byberi. We reviewed police body worn footage and radio airwaves. The Tasers were examined and we consulted with an independent expert on Taser use.