Police staff cleared over Thomas Orchard custody death

Three police staff have been cleared of the manslaughter of Thomas Orchard, who died after he was restrained in custody.

Custody sergeant Jan Kingshott and civilian detention officers Simon Tansley and Michael Marsden were all found not guilty after a trial at Bristol Crown Court.

Mr Orchard, 32, who suffered from paranoid schizophrenia, died in hospital a week after being arrested for lashing out at members of the public in Exeter in October 2012.

While at Heavitree Police Station he was held down, handcuffed and a large fabric webbing belt, known as an "emergency response belt" (ERB), placed across his face for five minutes to stop him spitting and biting.

Once inside a cell, it was removed from Mr Orchard’s face.

However, when officers went to check on him 12 minutes later he was in cardiac arrest.

He suffered severe brain damage and died at the Royal Devon and Exeter Hospital after a week in a coma.

The three defendants said their actions had been proportional and lawful and that they believed Mr Orchard had posed a risk.

The jury found them not guilty of manslaughter by gross negligence after a six-week trial.

Sergeant Jan Kingshott, leaving court after the verdict, told Sky News he was "very sorry for the family" and that he had offered to speak to Mr Orchard’s mother "if she wants to".

"It has been horrendous for everybody," he added.

The American-manufactured belt applied to Thomas Orchard was intended to restrain people at the thighs.

However, some UK police forces – including Devon and Cornwall Police – had cleared it to be used as a so-called ‘spit hood’, providing that no pressure was applied.

The belts are no longer used in that way by any force.

On the day he was arrested Mr Orchard was having a mental health crisis, the court heard. He had not taken his medication for a week and told a health worker he thought he was a vampire.

Seven police dealt with Mr Orchard at the scene, restraining him with handcuffs and straps on his legs and putting him in the back of a van.

Once in the police station he appeared to attempt to bite an officer and was restrained by three officers.

He is said to have told them: "I’ll bite your f****** face off".

Mr Tansley called for the restraint belt and wrapped it round Mr Orchard’s face.

The court heard he shouted "get off" or "let go" seven times as police searched him in the cell. He was then freed from the restraints and left alone.

CCTV showed him motionless for 12 minutes before officers went back into the cell and found Mr Orchard had suffered a cardiac arrest.

His brain damage was caused by prolonged cardio-respiratory arrest "following a violent struggle and period of physical restraint", a pathologist concluded.

Mr Orchard’s parents, Ken and Alison Orchard, said: "Today we join a growing group of people who have lost loved ones in police custody and have found no sense of justice.

"Thomas cannot be brought back but we want his needless death to bring about change.

"The change we want most is in the attitude of the police, particularly towards those with mental health vulnerabilities."

The Independent Police Complaints Commission is now investigating whether Devon and Cornwall Police was in any way at fault.

Gross misconduct procedures are also under consideration for the three officers involved and four others, the IPCC added.

(c) Sky News 2017: Police staff cleared over Thomas Orchard custody death