Jurors, who delivered the verdict Tuesday, listed Manon’s official cause of death as “restraint asphyxia, following a struggle and exertion.”
The ruling implies that police restrained Manon in a manner that impaired his breathing, despite the testimony of the two arresting officers who said they never restrained the teen in a way that could have caused his death.
The “jury found the conduct of the officers caused his death and didn’t believe the testimony of the officers,” the family’s lawyer, Julian Roy, said after the ruling.
However jurors ruled the death an “accident,” rejecting Roy’s contention that police intentionally caused Manon’s death, and that, as such, it was a homicide.
Police lawyer Gary Clewley said he was “happy” with the ruling, which indicated to him that jurors believed the officers “didn’t do anything to hurt (Manon) on purpose.”
The 18-year-old died after a brief foot chase with police, who tackled him to the ground on the east side of Founders Rd., south of Steeles Ave. W. in May 2010.
Const. Michael Adams and Sgt. Stuart Blower testified repeatedly they never put their weight on Manon’s back as he was lying face-down on the ground. Officers are trained to understand that the position can be fatal. Manon died at the scene.
The ruling struck an emotional chord with the Manon family, who marked the two-year anniversary of the 18-year-old’s death just days ago. “It really was hard for us,” said Manon’s sister, Amanda, with tears in her eyes.
The 23-year-old youth worker has been a constant presence at the inquest, along with Manon’s mother, Luisa, a hotel employee, and her father, Alejandro, a pizza maker.
“I want to thank the jury, and we now know the truth of what happened to my brother,” said Amanda outside the Grosvenor St. courthouse, surrounded by her parents and her older sister, Dayana. “And I hope this doesn’t happen to any other families.”
The jury of three women and one man were out for six days before delivering their verdict.
“Few inquest juries in Ontario have deliberated as long as this one,” noted Coroner Dan Cass.
Jurors, who can’t discuss deliberations, had to weigh the officers’ testimony against accounts from several eyewitnesses who said the officers had their body weight on Manon’s back during the arrest. The officers were cleared in an earlier SIU investigation.
Others testified they saw a tired, overweight teen trying to run from the officers. A bus driver witnessing the chase testified she hoped to defuse the situation by opening the doors of her vehicle so the scared-looking male could get on.
But Adams remained steadfast throughout his testimony that Manon was aggressive and ready to fight and said that he didn’t “feel that Mr. Manon died as a result of my restraint.” Adams said the teen struggled continuously as he tried to cuff his hands.
Adams also disputed the provincial pathologist’s testimony that the cause of death was positional asphyxia after the chase and exertion.
Blower testified that the dangers of the position are “hammered” into officers during training and that they were always on the ground beside Manon. Blower also said he never put the teen in a chokehold.
Jurors were not privy to a report by the Office of the Independent Police Review Director that came to light on the second day of the inquest. The report named Adams as one of five officers that used excessive force during the arrest of G20 agitator Adam Nobody. The incident happened within two months of Manon’s death.
The report said the officers should be charged with misconduct for using unnecessary force and for discreditable conduct.
Julian Falconer, whose firm represents the Manon family, argued that he should be allowed to cross-examine Adams about statements contained in the report. Cass eventually ruled it inadmissible.
Blower and Adams had never worked together before they stopped Manon around 6:30 p.m. on May 5, 2010. Both had picked up a TAVIS overtime shift as part of Police Chief Bill Blair’s anti-violence strategy in the Jane and Finch area.
Adams testified he was driving behind Manon in a different lane when he spotted the car’s temporary licence plate sticker. He decided to stop the car when he ran a check and discovered the sticker was expired.
The two knew each other from previous run-ins, but Adams said he had no idea the teen was driving that day because the car windows were tinted. When Adams tried to arrest him around 6:40 p.m. for driving, which was a bail violation, Manon ran.
The officers chased Manon down Founders Rd. until they got close enough to tackle him to the ground on the east side.
By 6:43 p.m., after what police describe as a violent struggle, Manon was dead. The teen had no vital signs when paramedics arrived, too late for the ambulance attendants to use defibrillators to shock his heart back into a normal rhythm.
The jury made a number of recommendations to the Toronto Police Service, which include reinforcing the risks of the prone, or face-down restraint position, as well as advanced first-aid training for officers every two years.
The jury also asked the service to consider equipping primary response and supervisor vehicles with automated external defibrillators and training road officers in their use.
Original Article
Source: Star
Author: Patty Winsa
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