Family’s fury as police cleared over death of church caretaker who was restrained in cell
THE family of a man left for dead in police custody vowed to fight for justice yesterday after three officers were cleared of killing him.
Thomas Orchard’s parents said the death of the 32-year- old had been needless and more should now be done to protect the vulnerable.
The ‘placid’ church caretaker, who had paranoid schizophrenia, died in hospital seven days after being arrested and brought to a police station in Exeter.
He was held down, handcuffed and had a large webbing belt designed to restrain arms and legs placed across his face.
He suffered severe brain damage caused by a prolonged heart attack as he suffocated during the violent struggle. Shocking CCTV images of his final moments – made public only after a legal challenge by the Daily Mail and other media groups – sparked an outcry.
A custody sergeant and two detention officers walked free from Bristol Crown Court yesterday. But Devon and Cornwall Police could yet face a corporate manslaughter prosecution brought by the Health and Safety Executive over the tragedy.
Speaking outside court, Mr Orchard’s parents, Ken and Alison, said they believed he would still be alive had he been taken to hospital instead of a police cell. ‘Today we join a growing group of people who have lost loved ones in police custody and have found no sense of justice,’ they said.
‘Thomas cannot be brought back but we want his needless death to bring about change. The change we want most is in the attitude of the police, particularly towards those with mental health vulnerabilities. Our fight for truth and transparency continues.’
The court heard Mr Orchard was suffering a mental breakdown when he was arrested in Exeter city centre in October 2012.
He had not taken his medication for seven days. Seven police officers were involved in his arrest, restraining him with handcuffs and straps around his legs before he was taken to a station.
Custody sergeant Jan Kingshott, 45, and colleagues Simon Tansley, 39, and Michael Marsden, 56, were on duty. They did not recognise that Mr Orchard was mentally ill and did not check how long he had been restrained for. The belt was wrapped around his face before he was placed chest down on a mattress and searched.
After being released from his binds, CCTV showed him lying motionless on the mattress for 12 minutes before officers returned.
He was not breathing and had suffered a heart attack, dying in hospital on October 10. After a sixweek trial, jurors cleared Mr Kingshott, former traffic warden Mr Tansley and ex-soldier Mr Marsden, who has convictions for assault and criminal damage, of manslaughter by gross negligence.
A jury last year failed to reach verdicts. The trio remain sus- pended on full pay while watchdogs consider whether to launch misconduct proceedings.
Devon and Cornwall Chief Constable Shaun Sawyer defended the officers’ conduct and paid tribute to their professionalism, saying the prolonged inquiry had had a major impact on them.