Montreal police cleared of wrongdoing after young man dies in custody

Quebec's Crown prosecutor's office has announced no charges will be laid in the case of a young black man found dead while in Montreal police custody two years ago.

An autopsy determined 23-year-old David Tshiteya Kalubi died due to a heart problem — specifically, a  life-threatening cardiac arrhythmia due to a cardiomegaly, or abnormally enlarged heart.

Quebec's Bureau of Independent Investigations (BEI) handled the investigation and turned over its findings to the DPCP. Two prosecutors were assigned to analyze the proof in order to determine whether charges were warranted.

Kalubi's family had questioned the events of the night he died, asking whether race played a role in his arrest, and whether he received adequate care while in custody.

In a news release, the Crown, known by its French acronym, the DPCP, said Kalubi's 2017 death had nothing to do with a use of force, nor were the police officers involved criminally negligent in their dealings with him.

Kalubi had sickle cell anemia and didn't have his medication on him when he was detained, but that didn't contribute to his death, according to a coroner's report released in January.

An ultrasound months before Kalubi died found he had the beginnings of heart disease, the report says.

A toxicology test found he had cocaine in his blood when he died. The effect the drug has on the heart was a contributing factor in his death, said coroner Géhane Kamel.

His family members were notified of the Crown's decision Tuesday. They declined to comment through a lawyer.

Arrested during traffic stop

Kalubi was arrested during a traffic stop Nov. 7, 2017, after officers found two outstanding warrants in his name.

He spent the night at a Montreal police operational centre. Officers there asked him whether he had any medical issues, and he mentioned his sickle cell anemia and that he took a medication called Hydrea and folic acid to treat it.

He did not have them on him at the time.

Kalubi was transported to the courthouse the next morning. He arrived around 7:30 a.m. and was taken to a holding cell, where he lay down on a bench. About an hour after he got there, he fell off the bench, face-first, onto the ground.

About five minutes passed before one of his cellmates informed the guards. They did CPR on Kalubi until firefighters arrived, and took over until Urgences-Santé showed up.

A defibrillator was used on him numerous times, according to the Crown. He was taken to hospital, where he was pronounced dead just before 10 a.m.

Threshold not met for criminal negligence, Crown says

Witnesses told investigators that Kalubi never seemed sick, nor did he mention being in pain or feeling sick, according to the Crown's release.

The fact that police at the operational centre didn't ask him more questions about his sickle cell anemia didn't show "wanton or reckless disregard for the lives or safety of other persons," which is part of the definition of criminal negligence, the Crown says.

In order to be considered criminal negligence, an action must constitute a marked departure from what a reasonable person would have done in the same situation, and contribute to the injury or death in question.

The prosecutors determined that even if the police officers had acted wrongly the night Kalubi was taken into custody, their actions didn't contribute to his death, because Kalubi didn't die due to the fact he didn't have his meds on him.