Police cleared in death

Suspect died in hospital days after shoplifting arrest

B.C.’s police watchdog has cleared three Penticton RCMP officers involved last year in the arrest of a shoplifter who died six days later.

The victim, whose name has not been released, perished after suffering from breathing problems and shortness of breath on Nov. 14, 2019, while being held under the Mental Health Act at Penticton Regional Hospital, according to a report published Thursday by the Independent Investigations Office of B.C.

On the morning of Nov. 8, 2019, the victim was alleged to have stolen two frozen pizzas from a local grocery store, prompting three officers to respond. The subsequent arrest was captured on video by a dash camera in one of the officers’ cars.

The first responding officer chased the victim “for a short distance along and then across the street, and caught up to (the victim) on the opposite sidewalk. (The officer) grabbed (the victim’s) right arm, and swung (the victim) around to his right,” IIO chief civilian director Ronald MacDonald wrote. “The video shows that (the victim) fell across the curb on his right side, and (the officer) held him down by kneeling on his back or buttocks area.”

It’s believed the victim suffered three broken ribs in the fall, according to MacDonald, but the injury wasn’t detected until days later.

Two more Mounties arrived a few moments later and, after a struggle, the victim was handcuffed and placed in a police car. MacDonald interviewed four civilian witnesses, none of whom described as excessive the force used by police.

The victim “was transported back to the RCMP detachment, where it was noticed he appeared to be suffering from a mental disorder.

“Detachment video shows (the victim) appearing to be able to walk normally, and he does not exhibit any visible distress,” the report continued.

Paramedics were called to the detachment, where they treated the victim for a facial injury and then took him to hospital.

On Nov. 11, the victim became short of breath, and a subsequent chest X-ray found he had three broken ribs and blood was pooling between his chest wall and lungs. He was treated with a chest tube. On Nov. 14, the victim, whose breathing tube had been removed by then, “again experienced sudden shortness of breath and died.”

An autopsy determined the victim died as a result of his lungs being blocked by blood clots, which came from his legs as a result of deep vein thromboses.

“On the evidence, (the victim) was treated properly by all officers while in their custody, and medical attention was provided as soon as possible,” MacDonald concluded.

“It should be noted that although (the victim) may have suffered a serious injury in the course of his arrest, this fact was not apparent to anyone at the time, including the medical personnel who dealt with (the victim) at the RCMP detachment and at the hospital.”

The IIO case database shows it is actively investigating nine more cases involving Okanagan RCMP detachments: four in Kelowna, two each in Penticton and Vernon, and one in West Kelowna.