Man dies after being Tasered and arrested - Staffordshire Police, December 2014

On 22 December 2014 Staffordshire Police received a 999 call from a member of the public reporting that an unknown man had entered their flat, acted in a manner that suggested he was under the influence of drugs, brandished furniture in a threatening manner and barricaded himself in their living room. The caller said they and their family had left their flat in fear for their safety. The man had attended a party at the flat earlier that night, but this information was not provided during the 999 call, and therefore could not be passed on to the police officers who responded.

Two Staffordshire Police officers, who were both Taser officers, arrived at approximately 1.13am and established that the man had barricaded himself in a room of the flat. They were joined by two more police officers: a police sergeant and a police dog handler (who was also a Taser officer). The police officers entered the flat and spoke to the man, but were unsuccessful in persuading him to leave the room. The door to the room the man was barricaded in was shut with a sofa.

At 1.28am the police dog handler forced entry into the living room with his police dog. The man struck the dog, causing it to retreat to the communal stairwell. The police officer retrieved the police dog, drew his Taser and re-entered the room. A physical struggle occurred, during which the police officer discharged his Taser. The Taser connected with the man and was energised four times. The police dog bit the man’s arm and leg. When the physical struggle stopped, the man was conscious and lying on his back.

The other police officers then entered the room and arrested the man for burglary and assault. Officers handcuffed him, initially with his hands at the front, and subsequently with his hands at the rear. He said he had taken drugs, but didn’t know which ones, and that he was there for a party. Officers attempted to calm the man down and said they would arrange medical assistance if he needed it.

The man was helped out of the flat, down the stairs and into the cage at the back of a police van at 1.46am. One officer stayed near the van to monitor the man while the other officers returned to the flat to collect evidence.

The man became unresponsive. Other officers arrived and opened the cage door. They could not detect the man’s pulse. Officers requested an ambulance and commenced cardio pulmonary resuscitation (CPR). The ambulance arrived at 2.05am. The man was placed in the back of the ambulance and CPR continued. The man was pronounced dead while in the rear of the ambulance at 2.30am.

During the course of the investigation, our investigators served notices on six Staffordshire Police officers who were involved in the incident, advising them that their conduct was subject of our investigation.

We considered numerous lines of enquiry including whether officers:

• appropriately assessed alternatives to the use of force to enter the barricaded room
• considered the risks to the officers and/or the man when using force to enter the room
• should have treated the man as a medical emergency at the point of his arrest and requested timely emergency medical assistance for him, and at the point he complained that he could not breath
• ensured the man’s welfare was the highest priority once he was placed in the police van

Our investigation found that officers were concerned that the man was a possible risk to himself as well as others, and that officers did attempt to calm the man down by using verbal communication prior to using force. We also found that use of force, including use of a Taser and deployment of a police dog, was necessary, legitimate and proportionate in the circumstances.

We completed our investigation in August 2016. We recommended gross misconduct for three officers for the failure to treat the man as a medical emergency at the point of his arrest, to request timely emergency medical assistance for him, and for the delay in seeking medical help after he was placed in a police van.

In September 2016 we referred three officers to the Crown Prosecution Service (CPS) for a charging decision in relation to criminal offences. The CPS decided in February 2017 that there was insufficient evidence to bring charges against any of the officers.

A disciplinary hearing arranged by Staffordshire Police was held before an Independent Chair in September 2017. One officer was cleared of gross misconduct, and the panel found misconduct for the remaining two officers. The two officers later successfully appealed the outcome.

Based on our recommendation, Staffordshire Police agreed to consider training officers on recognition of medical emergencies.

We also made recommendations leading to Staffordshire Police agreeing to implement policies and training including:

• the relationships between emotional and mental distress, acute behavioural disorder, excited delirium, stress, and symptoms and behaviours that may indicate a severe medical condition
• family liaison strategies specific to deaths following police contact

The inquest into the man’s death took place in winter 2018. The jury returned a narrative conclusion which gave the cause of death as the effects of cocaine and the stress of the incident. The jury said that misinformation given to police when they were called affected their decisions and the level of force used, which was “a significant factor” in the stress caused to the man.