The Special Investigations Unit (SIU) has ruled that, while a London police officer could have taken a 34-year-old prisoner to hospital sooner, his decision to hold off did not cause the man's death.
Fabian Hart was arrested for violating a court order on February 1. He was placed into a holding cell at police headquarters at 4:05 p.m. By 4:40 a.m. the following day, Hart's condition began to deteriorate, purportedly due to alcohol withdrawal. He was captured on camera visibly shaking. Hart told officers about four hours later that he wasn't feeling well and paramedics were called. Hart was taken to hospital where he died.
Hart's cause of death was determined to be a methamphetamine overdose.
The SIU assigned five investigators and one forensic investigator to the case. They determined that Hart had denied taking any drugs prior to being booked into the holding cell at 601 Dundas Street.
"[Hart] told the sergeant he had a shot of vodka at 9:30 a.m. He said he had three shots in total before his arrest. The sergeant asked if [Hart] had used any drugs in the past 24 hours, and [Hart] told him he had not," the SIU report states.
When Hart began experiencing withdrawal symptoms, nausea, sweating, and shaking, he told officers it was the result of his alcohol addiction and asked for a sugary drink. He was provided with juice and cereal bars and told to tell officers if he needed anything, including to be taken to hospital. Officers were seen on camera regularly checking on Hart while he was in custody.
The officer at the centre of the SIU's investigation came on duty at 6 a.m. and was briefed on Hart's condition. He declined to be interviewed or to provide his notes, as is his legal right, the SIU said. In addition to checking on Hart himself, he called a staff sergeant to discuss the 34-year-old's condition and was advised to continue to monitor him and take him to hospital if his condition deteriorated.
By 8 a.m., Hart was very unsteady on his feet and barely able to drink from a cup because he was shaking so badly. The officer in charge called two other officers to take Hart to hospital but before they could he became in need of immediate medical attention. Officers called paramedics and began administering live-saving measures, including chest compressions, the administration of naloxone, and the use of an AED. Paramedics took over when they arrived at 8:50 a.m.
According to the SIU, methamphetamines were likely consumed by Hart "within minutes of his medical episode" and raise the possibility that he had snuck them into the cell inside of his body.
"Though it might have been advisable to take [Hart] to hospital sooner than was the case, I am unable to reasonably conclude that the [subject officer] transgressed the limits of care prescribed by the criminal law in acting as he did," said SIU Director Joseph Martino. "The [subject officer's] liability might have tipped in the other direction had he been aware that [Hart] had methamphetamine secreted on, and likely, in, his person."
The SIU said the file is now closed.
