HALIFAX –
A Nova Scotia judge on Thursday acquitted two former special police officers of criminal negligence in the death in a prison cell of a drunken man whose mouth was covered with a hood.
Judge James Chipman ruled in the review of the Supreme Court of Nova Scotia against Daniel Fraser and Cheryl Gardner, who were initially convicted in connection with the death of Corey Rodgers on June 15, 2016 in a police cell in Halifax.
The heavily intoxicated man was taken to the police building the same night after being arrested in front of the IWK hospital, where his daughter was born the day before.
Three municipal police officers were involved in the arrest, and a hood was put on Rodgers’ mouth after he got excited in front of the police station. Once inside, two of the officers dragged the prisoner into a “dry cell”, where he was left covered on his face.
Fraser and Gardner – who no longer work for Halifax Police – were the reservation officers who let Rodgers into the cell, and they were responsible for keeping his watch.
They were convicted of criminal negligence in November 2019, but the Court of Appeals overturned that decision last year and ordered a new trial, saying the judge had erred in his instructions to the jury.
During the retrial, the Crown claimed that the two had shown reckless and reckless disregard for Rodgers ‘well-being by disregarding the detainees’ health policies and removing the hood from the man’s head.
However, Chipman accepted the arguments of the defense, which said that there were doubts about the original medical reports, according to which Rodgers suffocated to death. The judge added that policies to monitor detainees were “desirable”.
The judge noted that Dr. Marnie Wood, who completed the autopsy on June 16, 2016, initially concluded that Rodgers’ blood alcohol content of 0.367 grams per 100 milliliters was “lower than the reported fatal range,” but the judge said that in a trial she testified that it was “possible” for a person to die when the blood alcohol level was “about .4”.
He used this testimony, along with the evidence of two other medical experts, to conclude, “given all the evidence, it cannot be said that the bun is a contributing factor to the criminal standard.”
The judge said that in retrospect, both defendants made bad calls by not sending Rodgers to hospital, but he said that did not meet the legal test for criminal negligence.
“Undoubtedly, both defendants showed imperfect behavior and at times showed bad judgment. “With a retrospective assessment, we now know that Mr Rodgers should have received an ambulance,” the judge wrote.
“However, the fact that the accused did not enter the cell, did not take off his hood and did not receive the necessary medical care from Mr. Rodgers, in the circumstances does not amount to guilt on the criminal charge.”
Chipman noted that while it was true that Fraser had falsely claimed to have carried out three mandatory cell checks, those checks were carried out after Rodgers’ death, adding that this made “all three false entries inappropriate in terms of criminal negligence.” “.
He said that despite clear policies governing the supervision of detainees, “realities” show that policies have not always been followed.
“In fact, reservation staff have been told to do the best they can in an environment that doesn’t include enough shifts at once,” he wrote.
Rodgers’ mother, Janet Rodgers, told reporters on Thursday that she was disgusted by the decision, adding that she was tired after six years of litigation.
“I don’t see how they can be justified,” she said. “All the evidence points to the fact that they (the reservation officers) did not do what they should have done.”
Crown lawyer Christian Vanderhoft told reporters he would reconsider the decision to see if there were grounds for appeal.
Gardner’s lawyer, Joel Pink, said both she and Fraser have new jobs and “hope to continue their lives.”
The Nova Scotia Police Supervisory Board recently ordered the removal of police officers Donna Lee Paris and Justin Murphy – two of those arrested in the case – for 29 days without pay.
The May 16 decision said both officers had to read the warning label on the spitting lid. It also says they did not inform reservation officials that Rodgers was still wearing a hood when police left him in his cell. The Supervisory Board identified these actions as serious errors.
The three-member board recommended that Halifax police better train their staff on how to recognize signs of extreme intoxication and how to communicate with people under the influence of alcohol. He also recommended that police be trained in de-escalation tactics involving people under the influence of drugs or alcohol.
This report by The Canadian Press was first published on June 2, 2022.
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