Nova Scotia judge has concluded that a fatal scuffle with guards claimed the life of a mentally ill man who died in a Halifax jail cell.
Howard Hyde, a 45-year-old musician from Dartmouth, N.S., died in his jail cell on Nov. 22, 2007.
Thirty hours before he died, police hit Hyde with a Taser five times and he was taken to hospital for treatment.
A medical examiner would eventually conclude that he died of excited delirium due to paranoid schizophrenia.
But the inquiry into his death came up with a different finding -- that Hyde died because of his struggle with guards.
Provincial court judge Anne Derrick released the inquiry's findings in a 460-page report on Wednesday.
The 460-page report said the restraint technique used by provincial jail guards may have restricted Hyde's ability to breathe.
"The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint," Derrick wrote in her report. "He did not die because he was mentally ill."
The Hyde's family lawyer said he was satisfied with the report.
"Overall, my thoughts are positive. Judge Derrick did a very thorough job," Kevin MacDonald said.
"I accept (Hyde's death) did not really come from the conducted-energy weapon."
Derrick made 80 recommendations in the report, and said more money needs to be put towards mental health in Nova Scotia.
"We are going to pay for it one way or another. A day in jail costs a whole lot more than support services in the community," Jean Hughes of the Canadian Mental Health Association told CTV Atlantic.
Nova Scotia's NDP government said they are looking into addressing the report.
"It needs to be addressed after we have a good strategy that identifies where the gaps are," N.S. Health Minister Maureen MacDonald said.
Tragic events
Police were called to Hyde's home in the early hours of the day before he died.
His spouse called 911 to report that he had abused her and that he was off his medication.
Hyde was arrested, taken to a police station and charged with assault. There he tried to flee the premises, which is when he was hit with a Taser up to five times.
Derrick said that appeared to have happened because of an unfortunate choice of words by a police officer.
Inside police headquarters, an officer tried to cut a knot on the string of Hyde's shorts, saying "We'll have to cut one of those balls off."
"These words lit the fuse for the explosive events that followed," Derrick wrote.
After being Tasered, Hyde was unconscious and police took him to hospital.
Hyde was then released after a few hours, on the condition that he seek psychiatric help after appearing before a judge.
But instead of being released he was taken to a provincial jail where he got into a scuffle with guards and died soon after.
While Derrick concluded it was the scuffle and not excited delirium that caused Hyde's death, the judge did criticize the way police used their Tasers.
Derrick said police should not use stun guns on emotionally disturbed persons unless other methods of crisis intervention have failed.
Derrick said the Tasering of Hyde did not cause his death, but certainly "worsened the situation."
The report repeatedly said police, health and corrections staff did not receive enough training on how to deal with the mentally ill.
While Halifax police argued that they train their officers not to use Tasers unless they have first tried other de-escalation methods, Derrick said that their training manuals do not include words to this effect.
Derrick also said the Nova Scotia's Justice Department should review the manual it uses for Taser training.
Following the inquiry's end, Nova Scotia Justice Minister Ross Landry said he hoped Hyde's death would serve as a catalyst for "real and positive change in the system."
Landry said he wished "to convey my sympathy to the family and assure them that we will carefully consider the recommendations contained in this report as we move forward."
With files from The Canadian Press
