PC acquitted of ignoring man’s ‘I can’t breathe’ cries

Two Metropolitan Police officers who refused to listen to a restrained and dying man plead that he could not breathe have been cleared of gross misconduct.

PCs Danielle Barnes and Elizabeth McLellan were accused of failing to ensure the welfare of a member of the public after Kevin Clark, who suffered from paranoid schizophrenia, died in Lewisham Hospital in 2018.

It was also alleged that both officers lied under oath in the investigation into Mr Clarke’s death in October 2020.

Mr Clarke’s family said they were “very disappointed” when the misconduct panel ruled that there was not enough evidence to prove that any officer had heard him say the words “I can’t breathe” and that no action had been taken. I failed.

Catherine Elliott, chair of the panel, said they were unable to conclude that the words “I can’t breathe” were said by Mr Clarke and therefore meant no misconduct could be found.

Mr Clarke’s mother and sister Wendy Clarke and Telesia Strachan sat in the public gallery as the hearing concluded.

Ms Strachan said: “There is something wrong with the system – the system is broken and it is not fit for purpose.

“It’s insulting to my brother as a human being – I’m extremely angry, disappointed and I think it’s a waste of time.”

Mr Clarke died in March 2018 after an incident in the Polstead Road area of ​​Catford, south-east London, in which the 35-year-old was found lying on the ground in a playground, acting strangely.

After assessing the situation as a “serious mental health episode”, officers decided to place Mr Clarke in handcuffs and leg restraints.

While Mr Clark was being transported in an ambulance he fainted and later suffered cardiac arrest.

In October 2020, an inquest jury ruled the police decision to stop Mr Clark “turned the situation into a medical emergency”, saying it was “highly likely” that at least one officer would have restrained Mr Clark. Heard him saying “I can’t breathe” on more than one occasion.

Ms Elliott, chair of the panel, told the hearing the findings of the inquiry found misconduct was “correct” and “not in dispute”.

“On some occasions, it is possible that the words ‘I can’t breathe’ may have been said.

“His speech was so slow that no one could believe it.”

He said that “there is nothing to suggest” that any of the officers at the scene heard these words, and that it would be “highly unusual if any of these officers heard these words and ignored them”.

After the hearing, the family’s lawyer Cyrillia Davis Knight said: “Sadly, the family had no hope of justice as they believe the system is clearly not designed to deliver accountability, especially where Died in police custody.

“This outcome, while devastating to the family, was tragically, in his opinion, inevitable.”