Two booking officers acquitted in Nova Scotia jail cell death after retrial - Halifax | Globalnews.ca

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A judge has acquitted two former special constables of criminal negligence in the jail cell death of an intoxicated man whose mouth was covered with a spit hood.

Fraser and Gardner — who no longer work for the Halifax police — were originally convicted of criminal negligence in November 2019, but the Court of Appeal overturned that decision last year and ordered a new trial.

The original medical examiner’s report linked Rogers’ death to suffocation caused by vomit trapped inside his spit hood, but Chipman accepted testimony at trial that the level of alcohol in the man’s system have been “sufficient” to cause his death.Corey Rogers lies on the floor under police custody at the Halifax police station, wearing a spit hood at about 11 p.m. on June 15, 2016 in this still image taken from surveillance video provided by Nova Scotia Courts.

Crown lawyer Christian Vanderhooft says he will review the decision to see whether there are grounds for appeal. Gardner broke down in relief upon hearing the verdict, and her lawyer, Joel Pink, said both she and Fraser have new employment and “hope to get on with their lives.”Police lacked ‘common sense’ handling N.S. man who suffocated in Halifax cell: lawyer – Sep 8, 2021

 

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