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Wednesday, January 13, 2016

Man Shouted 'Let Go' Before Custody Death

Thomas Orchard stopped breathing after being restrained for more than 20 minutes by officers following his arrest on suspicion of a public order offence in Exeter in 2012.
A jury at Bristol Crown Court was shown CCTV of the moment a large webbing restraint belt was placed across his face at Exeter's main police station, which officers claim was to stop him from biting.
The prosecution argues the belt covered both the 32-year-old's nose and mouth and was left in place for more than five minutes, and for much of this time he was also being held face down.
Mark Heywood QC said that Mr Orchard appeared to shout "let go" at one point and could also be seen struggling against the restraint.
He asked jurors to consider if he was a man "beginning already to suffer from lack of oxygen and is starting to struggle against it, or if it's simply capricious behaviour on his part?"
The church caretaker appeared to make little or no movement when the restraints were removed and he was left lying face down on a mattress.
Bristol Crown Court heard officers looked in on Mr Orchard several times before entering his cell after 12 minutes and discovering he was not breathing. He was taken to hospital where he died seven days later.
Custody Sergeant Jan Kingshott, 44, and civilian detention officers Simon Tansley, 38, and Michael Marsden, 55, are accused of the manslaughter of Mr Orchard.
Mr Heywood argued: "The combination of force and physical restraints used on him on the day of his arrest, coupled with a complete failure to inquire and so to realise his true condition and also to observe him closely, led to him being starved of oxygen to the point of cardio-respiratory arrest."
The three defendants have pleaded not guilty to two joint charges of manslaughter.
The first charge alleges that they performed an act or series of acts which unlawfully killed Mr Orchard; the second alleges they unlawfully killed Mr Orchard by gross negligence.
The case is expected to last five weeks.

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