Durham police officer acquitted in 2019 death of man in custody

A Durham police officer has been acquitted in the death of a man in police custody in 2019.

On March 19, Ontario Superior Court Justice Justice Hugh O'Connell ruled that David Swaine of the Durham Regional Police Service was not guilty of failing to provide the necessities of life to Damon Webb.

Webb, 32 at the time, died while in custody in Oshawa in November 2019.

He was arrested at around noon on Nov. 5, 2019, in the area of Simcoe Street and Highway 401, after Durham police responded to reports of an altercation between two individuals.

Webb was taken to hospital to be assessed and then transported to a police station, where he was detained.

According to Ontario's Special Investigation Unit, an arm's length agency that investigates reports involving police where there has been death, Webb was found in medical distress in his cell at about 11 p.m. that evening.

Efforts to revive him were unsuccessful, and he was pronounced dead at the scene.

In 2021, following an investigation by the SIU, Swaine was charged with one count of failing to provide the necessities of life.

On Tuesday, Justice O'Connell told the court he could not, beyond a reasonable doubt, find Swaine had committed the offence he was charged with and handed the officer an acquittal, with a full decision to be released at a later date.

When reached for comment, Durham Regional Police Service told CTV News Toronto it was aware of Justice's O'Connell decision.

"We understand this has been a long and challenging process that has had an emotional toll on so many," spokesperson Joanne Bortoluss said. "As this case is still subject to a potential appeal and under investigation by the OIPRD, we will not be commenting any further at this time."

Swaine is scheduled to appear in court on April 10, when Justice O'Connell's full reasoning is expected to be read into the record.