Falls man cleared of manslaughter charge within hours of arrest
A Niagara Falls man arrested and charged with manslaughter in connection with the sudden death of a 55- year- old man within hours Wednesday was also cleared by police of all charges.
James Robert Bishop, 34, was released from police custody, unconditionally without charge Wednesday — the same day Niagara Regional Police named him as a suspect in the death of James Carson.
Following a post- mortem conducted Wednesday morning, according to an updated police medie release, investigators received information that Carson did not die as a result of an altercation.
Police do not have concern for ongoing public safety in connection with the incident.
“We acted on information that we had at the time,” NRP spokesman Const. Phil Gavin said.
“The officers had reasonable grounds to believe that the criminal offence occurred, and we acted accordingly. We acted in good faith that we felt that we were on point, and … when we received new information that took us in a different direction, we acted accordingly.
“We took steps to get ( Bishop) released from custody, and once the next of kin ( of Carson) was notified, we immediately put out ( an updated) media release.
“Absolutely it’s not a situation that happens very often, but we’re doing the best we can to make sure that the steps are covered off.”
On Tuesday morning, police and emergency personnel responded to an address on Waters Avenue in Niagara Falls.
A 911 call requested help for a 55- year- old man at the residence in medical distress.
Police said first responders arriving on scene located Carson in the residence suffering from traumatic injuries.
Carson was pronounced dead at the scene.
An initial police investigation determined Carson had been involved in an altercation with another man earlier in the night. As a result of the investigative efforts, police said “reasonable grounds” were developed for the arrest of Bishop and the manslaughter charge.
At approximately 12: 25 a. m. Wednesday, officers located and arrested Bishop.
Bishop was to be held pending a bail hearing that was scheduled for Wednesday in St. Catharines court.
But the manslaughter charge against Bishop never made its way to the courts, and he is a free man.
Gavin said the investigation, which began as a sudden death probe, is no longer being considered a homicide.
Asked if police are concerned Bishop may take legal action against the NRP for how the incident unfolded, Gavin said: “If Mr. Bishop chooses to go down that road, that’s a decision that he will make on his own, and if that’s the case then we’ll have to cross those bridges as we get to them.
“We acted in good faith, we acted on what’s called reasonable grounds, which is a set of facts or circumstances in their totality that would cause an ordinary, prudent person to believe them to be true. Our officers felt they met that threshold, and we move forward. That’s the point we’re at. It’s an unfortunate situation, but in the end, someone is deceased and we’re still going to try and find the cause of that death, but also, ensuring that a man is released from custody is also important.”
Police are now working in connection with the coroner’s office in an effort to determine Carson’s exact cause of death.