Airport death not caused by tasers, B.C. says

IAN BAILEY AND CAROLINE ALPHONSO

VANCOUVER/TORONTO From Saturday's Globe and Mail

The use of a taser did not cause the cardiac arrest that killed Robert Dziekanski during a confrontation with four Mounties at Vancouver International Airport last year, B.C.'s Crown office said Friday as it ruled out charges against the officers.

“There is a substantial body of independent evidence which supports that the officers in question were lawfully engaged in their duties when they encountered Mr. Dziekanski,” Crown spokesman Stan Lowe told a news conference that offered new details about the case.

“The force they used to subdue and restrain him was reasonable and necessary in the circumstances,” said Mr. Lowe, noting there was no “substantial likelihood of conviction” for assault, assault with a weapon or manslaughter. “In fact, the available evidence falls markedly short of this standard.”

Autopsy results outlined for the first time Friday suggest various factors could have led to the heart attack that killed the 40-year-old Polish immigrant, including heart disease associated with chronic alcohol abuse, an agitated state of delirium and an inability to breathe while being restrained.

One forensic pathologist on the case noted that what happened to Mr. Dziekanski was “sudden death following restraint,” a syndrome that predates the use of tasers. It took officers 30 seconds to restrain and subdue Mr. Dziekanski after he was tasered, and one officer pushed his knee into Mr. Dziekanski's shoulder and neck area during the effort.

The Crown, relying on an investigation by the regional Integrated Homicide Investigation Team that took officers to Poland for four days, noted that Mr. Dziekanski was “in a highly fearful and panicked state, bordering on hysterical” on the morning of Oct. 13, 2007, about his first-ever flight to Canada to join his mother in Kamloops, suggesting that may have contributed to anxiety that prompted the fatal confrontation with officers early on Oct. 14.

The Polish embassy in Ottawa expressed disappointment that no one was held accountable for Mr. Dziekanski's death.

“Reading the [Crown's] statement, it appears that the main reason for Mr. Dziekanski's death was his fear of flying, tiredness and lack of ability to communicate in English. Particularly disconcerting, though factually baseless, are repeated insinuations of alcohol abuse,” a statement said.

“Because of the great interest … in the case we believe that a public inquiry led by an independent court would have been even more transparent and convincing.”

The Crown also disclosed Friday that Mr. Dziekanski was jolted three times in a so-called “probe mode” where wires projected from the weapon apply electrical current, and twice in a “push stun mode” where the device causes localized pain. At one point, the device was not properly operating. The stun gun was used for a total of 31 seconds.

The embassy questioned why the stun gun was used five times, “including twice towards a person who is already lying on the ground convulsing.”

For the first time Friday, the officers were identified by surname as Constables Millington, Bentley, Rundel and Robinson. The Crown office did not respond to requests for their first names. Two of the officers have been reassigned to Eastern Canada. One has other duties. None now use tasers.

One officer has been suspended with pay. Constable Benjamin Robinson has been accused of impaired driving in connection with a traffic accident, while off duty, that killed a 21-year-old man in October. He has not been charged.

Choking back tears, Mr. Dziekanski's mother said Friday that the Crown was blaming her son. Zofia Cisowski said she is considering civil action.

“It sounds to me like they are looking for any excuses to find a good reason to blame Robert and justify their action,” she said.

She said that her son had a drinking problem 20 years ago. “It has nothing to do with what they did [at Vancouver International airport]. … He wasn't an alcoholic,” she said.

Her lawyer, Walter Kosteckyj, said the Crown failed to reveal Friday that Mr. Dziekanski had an unopened bottle of vodka in his carry-on luggage that he was bringing for his mother's friend.

The Crown said that a contributing factors to Mr. Dziekanski's death was alcohol withdrawal. “Had he wanted to have a drink, he had that on his person for the entire time in his carry-on bag. And no one seems to mention that,” Mr. Kosteckyj said.

Taser International welcomed news that its device did not directly cause the cardiac arrest that led to Mr. Dziekanski's death.

“The Crown has overturned the Canadian court of public opinion which for over a year has laid blame on the RCMP officers and the use of a taser device for the unfortunate death of Mr. Dziekanski,” said Peter Holran, spokesman for the Arizona-based company.

The case is subject to an investigation by the Commission for Public Complaints Against the RCMP, a commission of inquiry on police taser use and a planned B.C. Coroner's Inquest.

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