Family seeks homicide ruling from inquest into 2014 death of man in Thunder Bay police custody | CBC News

The family of a 25-year-old man who died in Thunder Bay, Ont. nine years ago is seeking a homicide ruling as a coroner’s inquest is expected to wrap up this week.

Emmanuel Oruitemeka was in police custody when he collapsed on Feb. 12, 2014. He died in hospital four days later.

The inquest, which began July 4, was first postponed at the end of 2019 “to properly address evidence in the best interest of the inquest.” It is being held via video conference.

Rick Frank, the lawyer representing Oruitemeka’s family, shared a statement from Emmanuel’s brother, David Oruitemeka, with CBC News.

“I am deeply grateful for the time I was able to spend with my brother, Emmanuel,” he said. “Not only was he my big brother, but he was also my best friend. His passing has left a void in all our lives that can never truly be filled.

“Emmanuel exemplified exceptional qualities as a devoted son, caring brother and loving uncle. His influence and accomplishments during his brief time in this world have earned him the enduring admiration of many, who perceive him as a revered figure.” 

Jurors view video footage

Witness testimony has revealed Oruitemeka’s cause of death was determined to be anoxic ischemic brain injury due to cardiovascular collapse, caused by cocaine ingestion.

Inquest jurors must answer questions about when, where, how and by what means Oruitemeka died — either from natural causes, or by accident, suicide or homicide. Cause of death could also be deemed as “undetermined.”

“That’s not the same as the criminal standard of homicide, but [a homicide finding] is to say that it was the police’s deliberate action that led to Mr. Oruitemeka’s death,” said Frank. 

Jurors have heard testimony that Oruitemeka was immobile when he arrived at the police station. They also viewed video footage of the more than 10 minutes that passed between his arrival at the station and when an ambulance was called, and have heard police officers thought he was faking being in medical distress.

“The family hopes that this inquest allows for a proper interrogation of the reasons underlying the errors that occurred, and just to make sure it doesn’t happen again,” said Frank, who is based in Toronto at Sherif Foda Law Professional Corporation.

The jury, described by the inquest constable in an email to CBC News as “racial[ly] and culturally diverse,” consists of two men and three women.

Timeline of events, key themes

The inquest has largely focused on the events between Feb. 12, 2014, when Oruitemeka was taken into custody by the Thunder Bay Police Service (TBPS), and Feb. 16, 2014, when he died in hospital.

Dr. Bob Reddoch is presiding over the inquest, which is expected to hear from a total of 14 witnesses. Of the eight witnesses representing the police service, six have retired since Oruitemeka’s death. Julian Roy and Uko Abara are the inquest counsel. 

Frank said three key themes have emerged at the inquest so far: 

1. First-aid training for police officers.
2. Communication breakdowns.
3. How police determine whether a person is in medical distress.

Jurors have heard about the moments before Oruitemeka’s involvement with police, what happened after he was put into the back of a police cruiser and taken to the police station, how police interacted with him at the station, and his transport to hospital, Frank said.

William Boote, a retired TBPS staff sergeant, testified he was unaware Oruitemeka had ingested cocaine. 

“I could [have asked] a few more questions if I had known anything about the cocaine,” Boote said.

After watching the video footage, Boote also said he was not happy about the length of time it took before officers called the ambulance.

Lars Holdt, a retired TBPS constable, testified Oruitemeka was in an excited state while being transported to the police station and then suddenly went limp. He said he didn’t believe Oruitemeka had actually passed out “because I don’t recall in my career, anybody going from that level of excitement in the back of the car … to laying like that, without faking it.”

Initially, it seemed like Oruitemeka tried to support his own weight while being brought out of the cruiser, signalling he had been faking his distress, before he collapsed again, Holdt said.

Confronting difficult facts

An inquest is not meant to be an adversarial process or lay blame on any particular person, Frank explained. The purpose, in this case, is to prevent other families and police officers from going through something similar. Jurors can do this by making recommendations after delivering their verdict.

“Police need to be open to being introspective, to looking at allegations of impropriety, and to take it as an opportunity to grow and to do better. The police are the public and the public are the police, and that mantra needs to carry forward to ensure that deaths like that don’t happen again,” Frank said.

There can be challenges, though, with receptiveness to questions and concepts, especially surrounding someone’s death, he said.

The police are the public and the public are the police, and that mantra needs to carry forward to ensure that deaths like that don’t happen again.– Rick Frank, lawyer for Emmanuel Oruitemeka’s family

“At times throughout this inquest, there [has] been difficulty in confronting the difficult facts; these are difficult questions that counsel are asking. These are difficult facts for witnesses to testify about — in part emotionally, but also in part given the passage of time.

“There needs to be a holistic approach, and a willingness to recognize shortcomings and to be motivated to move forward, address them and not take them as an attack on character or the profession, but simply an opportunity to grow.”

Frank expects the jury to deliver its verdict and recommendations by the end of this week or early next week.