A DEVON and Cornwall Police custody sergeant and two detention officers have been found not guilty of killing a former Crediton man with mental health problems.

Thomas Orchard (32), died in hospital seven days after being arrested and taken to Heavitree Road Police Station, in Exeter, in October 2012. 

Mr Orchard, who had paranoid schizophrenia, was held down, handcuffed and a large webbing belt, Emergency Restraint Belt (ERB), designed to restrain arms and legs, was placed across his face after he made threats to bite, the six-week trial at Bristol Crown Court heard.

Devon and Cornwall Police custody sergeant Jan Kingshott (45), and civilian detention officers Simon Tansley (39), and Michael Marsden (56), had denied manslaughter by gross negligence.

During the trial the trio said they believed their actions were “proportionate and lawful.”

After deliberating for almost seven days, the trio were cleared of unlawfully killing Mr Orchard by gross negligence, by breaching their duty of care to him as a detainee.

The retrial heard how Mr Orchard, who worked as a cleaner at his local church in the St Thomas area, was arrested for a public order offence at around 11am on Sidwell Street in Exeter on October 3.

He was physically restrained in the street and in the custody unit for 22 minutes, with the Emergency Restraint Belt around his face for five minutes and two seconds.

He was resuscitated in a cell but died in hospital on October 10.

The prosecutors alleged that the combination of force, physical restraints and a failure to observe Mr Orchard closely led to him being starved of oxygen.

The three officers said that Mr Orchard was being aggressive and threatening to bite them.

Questions were asked during the trial about the use of the American-made restraint belts being used by Devon and Cornwall Police.

Video footage shown in court showed Mr Orchard was carried to the cell by four officers and placed chest-down on a blue mattress in the cell and searched while handcuffed and in restraints, with the ERB around his face.

The court heard that he shouted a number of times and was also shown struggling violently.

He was then freed from the restraints and left alone in the locked cell.

The CCTV footage showed him lying motionless on the mattress for 12 minutes before officers re-entered the cell.

It was said that by that time, Mr Orchard was not breathing and had suffered a cardiac arrest.

A pathologist said during the trail that Mr Orchard died from severe hypoxic-ischemic brain damage, caused by a prolonged cardio-respiratory arrest "following a violent struggle and period of physical restraint".

The hearing was told police records did not contain a marker showing Mr Orchard had mental health problems.

It was also said that officers failed to glean any information as to his condition and used the belt as a hood.

The Chief Constable of Devon and Cornwall Police, Shaun Sawyer, said immediately after the case came to an end today, Tuesday, March 14: “A Devon and Cornwall Police custody sergeant and two police staff custody detention officers, were found not guilty of gross negligence manslaughter, today, following a six-week trial at Bristol Crown Court.

“I fully recognise the impact of these long-running and difficult proceedings upon the family of Mr Thomas Orchard, his loved ones and friends, with whom my thoughts and condolences remain. 

“The trial has followed an Independent Police Complaints Investigation into the circumstances surrounding the death of Mr Thomas Orchard in October 2012 following his detention at Heavitree Police Station, nearly four-and-a-half years ago.

“The investigation and criminal proceedings has had a significant impact on all three Devon and Cornwall Police colleagues; Sergeant Jan Kingshott and Detention Officers Simon Tansley and Mick Marsden. That impact has also fallen on their families. All three colleagues and other members of the force involved in this matter, have maintained their professionalism throughout.

“There remains further considerations by the Independent Police Complaints Commission.

“Additionally, there will be further investigation by them and the Health and Safety Executive into corporate matters, with which the force has co-operated. As the corporate head, in my role as Chief Constable, I await decisions from them and the Crown Prosecution Service. I am not able to say any more in respect of those matters.

“Custody staff and colleagues within Devon and Cornwall continue to be professional and to serve our communities often under extreme and very difficult circumstances.

“Amongst our 25,000 or more detentions each year, so very many of those detainees are vulnerable through emotional crisis, mental ill health, physical ill health and substance misuse.

“Those detentions, conditions and practices within custody are scrutinised and reported upon independently by Her Majesty’s Inspectorate of Constabulary, the Police and Crime Commissioner, the Independent Custody Visitor scheme and where relevant, other independent regulatory bodies such as the Health and Safety Executive.

“In closing, I repeat, my thoughts and those of the force at this time and always, are with the family, loved ones and friends of Mr Thomas Orchard.”