In-custody fentanyl death leads to charges
Man accused of manslaughter after allegedly giving co-prisoner drug in cell
City police have for the second time charged a man with manslaughter after a prisoner was given a fatal dose of fentanyl while two men were in custody in a downtown police holding cell last year.
Shortly before the manslaughter charge was announced, Alberta’s police watchdog, the Alberta Serious Incident Response Team (ASIRT), on Thursday cleared officers involved in the case of any wrongdoing, citing no evidence of injury or use of force.
On May 19, Darcy Whitehead, 47, was arrested shortly after midnight for theft under $5,000 and violating two bail conditions. Police said he showed signs of intoxication at the time of arrest and was taken downtown to the detainee management unit at city police headquarters, where a second man was placed in the same holding cell just after 2 a.m.
Police said the second inmate retrieved a small quantity of concealed drugs and consumed the drugs with Whitehead, who soon went into medical distress. He was then taken to hospital by emergency medical services, where he died several hours later.
An autopsy confirmed Whitehead died as a result of alcohol and fentanyl toxicity.
The ASIRT investigation was launched after Whitehead’s incustody death, focusing on how police dealt with Whitehead and whether officers may have caused or contributed to his death.
The investigation concluded police had reasonably monitored the condition of both inmates, including physical checks and video monitoring. Searches of the second inmate — short of a strip search — prior to his detainment were deemed reasonable by ASIRT given the details surrounding the man’s arrest.
Closed-circuit television video (CCTV) recordings from the detainee unit were seized and reviewed. Based on the evidence, ASIRT notified police of its findings and the city police homicide unit launched an investigation into Whitehead’s death.
The manslaughter charge announced Thursday bumps Edmonton’s 2016 homicide tally up to 42 from 41. There have been seven homicides recorded so far in 2017. Edmonton’s record homicide year was in 2011, when 48 slayings were recorded.
Daryl Saunter, 40, is charged with manslaughter, criminal negligence causing death and trafficking a controlled substance.
Homicide charges following a fentanyl-related death were laid for the first time in Edmonton last October.
Szymon Kalich, 33, was found dead in January 2016 of a fentanyl overdose in the hallway of an apartment building near 33 Street and 18 Avenue. Police later charged Jordan Yarmey, 25, with manslaughter.
Police at the time explained that charges related to overdoses from fentanyl — an opioid described by Alberta Health Services as 100 times more toxic than heroin — can be time-consuming and difficult.
For investigators to consider laying a manslaughter charge, they need to fulfil three criteria. First, police have to prove the trafficker knew they were selling a controlled substance. Next, they have to show a reasonable person would say the drug could cause bodily harm or death. And, finally, they have to prove the drug caused the death.