THE Devon and Cornwall Police Force has been charged concerning the death of a former Crediton man in custody.

Thomas Orchard (32), who had schizophrenia, died in hospital a week after he suffered a cardiac arrest at the Heavitree Road Police Station in Exeter in 2012.

The office of the Chief Constable of Devon and Cornwall Police was today, Tuesday, April 24, charged with exposing a non-employee to a risk to health or safety.

Prosecutors decided not to pursue corporate manslaughter charges against the force.

Chief Constable Shaun Sawyer said following the decision announcement: "We note the decision to pursue a health and safety charge against the Force but that a corporate manslaughter charge is not to be pursued by the Crown Prosecution Service.

“A charge of corporate manslaughter, if pursued, would have meant that the Crown Prosecution Service had found sufficient evidence that the senior management of the Force had caused Thomas Orchard’s death by the way in which it managed or organised the Force, causing it to grossly breach the duty of care that Thomas was owed as a detainee.

“Based upon our understanding of the evidence this extremely serious allegation was always strongly resisted by the Force. In support of this position we provided significant material which was considered by the CPS in reaching their decision today.

“Any decision to pursue criminal charges against the Force is nevertheless of grave concern and we take the CPS’ decision to charge a Health and Safety offence very seriously. We will now take time to consider that decision in detail.

“We continue to support our staff following this decision, but the effect this has had on the Orchard family and our staff since October 2012 cannot, and should not, be under estimated.

“We are unable to comment any further at this time in respect of the health and safety charge due to the forthcoming criminal proceedings.”

ARRESTED

Mr Orchard was arrested in Sidwell Street, Exeter, at 11am on October 3, 2012 on suspicion of a public order offence after suffering a relapse of his mental illness.

At the time, Mr Orchard had been working as a cleaner at his local church in the St Thomas area.

After a trial in February and March last year, three Devon and Cornwall Police staff were cleared of the 32-year-old’s manslaughter.

The trial heard that Mr Orchard 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.

PHYSICALLY RESTRAINED

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, 2012.

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 trial 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 that 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.

DISAPPOINTED

Today Mrs Orchard said that the new charge was “a very serious one” but added that the family was “disappointed” that the Corporate Manslaughter charges had not been brought against the officers.

She said: “In our view those officers should be held accountable.”