Police watchdog clears officer in death of 'unwanted' man

Ontario's police watchdog has cleared an Ottawa officer who responded to a call in September about "an unwanted man" who later died.

The 41-year-old man's death was found "not attributable to any conduct on the part of the subject officer," concluded Joseph Martino, director of the province's Special Investigations Unit (SIU).

On Sep. 12, 2023, Ottawa police officers responded to a call around 5:30 a.m. about an "unwanted party" at an apartment building on McEwen Avenue, near Mud Lake and Britannia Beach.

The man was naked and exhibiting symptoms of "excited delirium" when police arrived at the scene, and was placed in handcuffs while paramedics were called. Police said the man became limp as he was being escorted to an ambulance, then collapsed and lost vital signs.

The man was rushed to the Queensway Carleton Hospital where he was pronounced dead shortly after arriving.

Ottawa police contacted the SIU later that morning, around 7:30 a.m. The independent agency investigates incidents involving police whenever there's been a death, serious injury or sexual assault, or if shots have been fired.

SIU investigators collected evidence from the scene and from police including photographs and recordings, and conducted interviews with four civilian witnesses to reconstruct what happened.

Man was 'confused, agitated, and impaired': SIU

According to the SIU's findings, officers arrived at the apartment building and entered a basement stairwell where they found the man naked and panting on the stairs.

Security camera footage showed the man looking "confused, agitated, and impaired." When officers arrived, he was sweating profusely and warm to the touch, the SIU said. When officers placed him in handcuffs, he was unable to answer their questions but did not resist.

The man was naked and exhibiting symptoms of 'excited delirium' when officers located him in a basement stairwell of this west end apartment building, the SIU said. (Google Street View)

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The police officer under investigation called for paramedics when he realized the man was in medical crisis. Officers placed the man in a recovery position while waiting for the ambulance to arrive.

By this time, around 5:48 a.m., the man's condition was "deteriorating," the SIU said. His breathing was laboured, he had a grey pallor and white foam came from his mouth.

A few minutes later, paramedics arrived and the handcuffs were removed. Moments after that, he lost vital signs.

Officers performed CPR and firefighters also arrived to assist. The man was transported to hospital shortly after.

Awaiting toxicological analysis

The man's cause of death remains unknown pending toxicological analysis, but SIU investigators suspect drug toxicity.

In his report, Martino said he doesn't believe there are reasonable grounds to suggest the officer under investigation committed a criminal offence in connection to the man's death.

Martino said the officer acted with the man's care and well-being in mind, quickly calling for paramedics and helping with resuscitation efforts.

Although securing the man's hands behind his back might have made it harder for him to breathe, Martino said the officer's justification — to ensure the safety of everyone involved — was "not without merit."

Reviewing the sum of the evidence, Martino said he was satisfied the man's death was not caused by any conduct of the police officer.