Vic: Man fights with police and later dies in custody

AAP General News (Australia)
12-22-2009
Vic: Man fights with police and later dies in custody

By Greg Roberts

MELBOURNE, Dec 22 AAP - The preliminary results of an autopsy have failed to determine
what caused the death of a man in police custody after he was sprayed with capsicum foam.

An investigation has begun into the death of the 29-year-old caucasian man who was
arrested outside his Melbourne house before being bundled into the back of a police van.

The man was sprayed with capsicum foam after fighting with police.

A police dog squad member went to Doonbrae Court in Noble Park about 8.30pm (AEDT)
on Monday after a report of a stabbing, police Superintendent Shane Patton said.

It's believed the 29-year-old man stabbed a 39-year-old man, also from Noble Park,
in the arm causing a minor injury.

"The dog squad member got out of his vehicle and actually called on the suspect to
stop and drop a knife in his hand," Supt Patton told AAP.

"He didn't drop the knife, that's why he deployed OC (capsicum) foam, the male was
advancing towards him with the knife and the foam made him drop the knife.

"A fight ensued, the suspect resisted arrest, they were scuffling, a civilian then
assisted in that scuffle."

More police arrived and the man was "ranting and raving" irrationally while being arrested,
Supt Patton said.

Police called for an ambulance, the man was assessed and cleared as okay, he said.

"When he was taken out of the van he was unconscious and wasn't breathing. Obviously,
police immediately provided CPR, called an ambulance and resuscitation attempts were made,"

he said.

"Unfortunately, the 29-year-old man was pronounced dead.

"The police members acted entirely appropriately, on what advice I've been given. They
will be given welfare counselling."

In a statement late on Tuesday, police said the preliminary results of the man's post-mortem
examination were inconclusive, adding that full results could take several weeks.

On Tuesday, distraught family members gathered outside the dead man's home, which belonged
to his parents, but would not comment to reporters.

Supt Patton would not say if illegal drugs were behind the stabbing but neighbours
said they believed it could have been.

One neighbour, Sharon Crooks, said the 39-year-old man who was stabbed would often
visit his father to borrow money.

Supt Patton confirmed the 29-year-old man who died had been in trouble with police
before and had a psychiatric illness.

Detectives from the homicide squad are investigating for the coroner with the investigation
overseen by the ethical standards department.

There was monitoring equipment in the van but nothing was recorded.

The use of capsicum spray - now widely employed by police - was criticised as potentially
lethal by a leading law group.

The spray escalates incidents into conflicts and leads to a higher risk of death, says
Hugh de Kretser of the Federation of Community Legal Centres.

Supt Patton said there was no evidence of that in Monday's incident.

AAP jrd/cdh

KEYWORD: CUSTODY 2ND WRAP

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