Constables negligent in inmate’s death

• Two special constables with the Halifax police force have been found guilty of criminal negligence causing the death of an impaired inmate who suffocated in his jail cell after being left with a spit hood over his face.

Daniel Fraser and Cheryl Gardner were charged with the offence in 2017 by the Serious Incident Response Team — the province’s police watchdog agency — in the June 16, 2016, death of Corey Rogers.

The v i c t im’s mo t h e r, Jeannette Rogers, let out an audible gasp in Nova Scotia Supreme Court when the verdict was read, as family and friends of the accused quietly sobbed in a back row.

The verdict came following a tense period of waiting while the jury deliberated for almost 16 hours spanning three days.

“I’m so relieved,” the mother, a retired psychiatric nurse, said outside court. “It’s been long and it’s been hard, but it’s been worth it.”

Rogers has become a public critic of the care provided in lockup cells, and is seeking further disciplinary action against three police officers who brought Rogers to the lockup cell and left him lying on the floor with the hood over his face.

A medical examiner determined Rogers died of suffocation while lying in the narrow cell with the spit hood covering his mouth as he appeared to be vomiting.

Justice Kevin Coady set Feb. 14 for a sentencing hearing.

Prosecutor Chris Vanderhooft had argued Fraser and Gardner failed to fulfil their duty to care for Rogers, who was highly intoxicated when he was brought to the Halifax police station late on the night of June 15, 2016.

The jury was shown video of Rogers, 41, heaving in a cell while wearing the spit hood. The mask prevents prisoners from spitting on guards, but also comes with instructions warning against leaving it on a highly intoxicated person who may vomit.

Court heard that in the hours before his death Rogers was arrested outside a Halifax children’s hospital where his wife had given birth to their child the day before.

There was evidence that he was extremely impaired after rapidly drinking half a bottle of whisky, and that police saw him down the liquor.

Arresting officers testified they placed the hood on Rogers’ face after he was spitting in the police car as he was driven to the station.

Special constables are employed by the police department and are appointed to specialized duties as peace officers, including the booking of prisoners, but they are not considered police officers.

I’m so relieved. It’s been long and ... hard, but it’s been

worth it.