Review of young dad’s death after he was restrained
MAN, 29, HEARD TO SAY ‘I CAN’T BREATHE’ WHEN PINNED DOWN
THE Crown Prosecution Service have agreed to review the death of a young dad who died after being restrained by Metrolink-contracted workers in Manchester.
Jack Barnes, 29, was heard to say ‘I can’t breathe’ several times as he was pinned down by four Customer Service Representatives (CSRs) outside Australasia restaurant on Deansgate in 2016.
A senior coroner concluded in February this year that his death was ‘unlawful.’ Prosecutors originally stated they were unable to reconsider if manslaughter charges should be brought against the four men involved due to ‘no new medical evidence.’
Following arguments made by his family’s solicitor, Neil Hudgell, who is representing Jack’s mother Patricia Gerrard, that decision has been overruled.
The CPS say they will now consider ‘all options’ including manslaughter charges, with the review expected to be completed by the end of May.
A spokesperson said: “Upon consideration of the inquest material, together with representations from the family, we have expanded our review to include all options, including manslaughter offences.
“Any decision will be made in accordance with our legal tests.”
Senior Manchester Coroner, Nigel Meadows, concluded that Jack was unlawfully killed, saying that the four men who had restrained Jack did so with ‘unnecessarily prolonged, grossly excessive, and unreasonable force.’
Mr Barnes, originally from Hull, suffered a cardiac arrest and hypoxic brain injury and died seven weeks later on 2 December 2016.
None of the men involved; Paul
Fogarty, Brian Gartside, Matthew Sellars and Stephen Rowlands, faced criminal proceedings at the time as the Crown Prosecution Service (CPS) said there wasn’t sufficient evidence. Following the inquest, prosecutors said they were reviewing all the material heard in court. They concluded that they were unable to reconsider manslaughter charges as there was ‘no new medical evidence that establishes a clear link between Mr Barnes’s death and the actions of the suspects.’
Now the CPS has changed its position, and have committed to review all options available to them - which includes charges of manslaughter.
Family solicitor, Neil Hudgell said: “Jack’s family are determined to keep fighting for justice for him and they feel this is another positive step following the findings of the coroner earlier this year.”