Month: May 2021

Indigenous man David Dungay, 26, died in Sydney’s Long Bay jail on 29 December 2015.

The jail guards rushed his cell, dragged him to another cell, then held him face down and had him injected with a sedative. Before he died he said 12 times that he could not breathe. According to coroner’s report, Dungay died “during a use of physical restraint and rapid tranquillisation in an inpatient mental health unit.”

In December 2016 police have said the death was not suspicious and an internal corrective services investigation has found no criminal negligence. In April 2018 coroner’s report said of a lack of training and experience among staff and discrepancies in knowledge of emergency response protocols. An expert witness told the court Dungay had little chance of survival once his heart arrested but “whatever chance he had was lost” by the attempts at resuscitation.

In April 2021 David’s mother Leetona Dungay attended a protest in Sydney to stop Indigenous deaths in custody and told the crowd of protestors she is still waiting for justice.

In June 2021, the mother of an indigenous Australian who died in custody in December 2015, said that she intended to appeal to the UN to achieve justice for her son. The woman claims that the police officers violated his civil rights and failed to protect his life.

Indigenous man Anzac Sullivan (Broken Hill, NSW, Australia), 37, died on March 18 when he ran from police officers.

Police officers said Sullivan ran from them after they visited a home on Silver Street in relation to an outstanding warrant. Police said the man suffered a medical episode and he was given CPR before he was taken to Broken Hill Hospital, where he died.

Police have opened an investigation to probe the incident, which will be conducted by a team from the Central North Police District. That investigation will then be subject to an independent review. The findings will be provided to the coroner who will determine the cause of death and “make any findings about the events leading to the man’s death”, police said in a statement.

Anzac Sullivan is the fourth Aboriginal person to die in police custody in March 2021.

In July 2021, the New South Wales coroner said that he will launch an inquest into the death of a Barkandji man after a police pursuit in Broken Hill earlier this year.

James Dean, 50, died after he was arrested by Kenova police in April 2019. Police answered a domestic disturbance call and arrested Dean. Just a few hours later, he was taken to Cabell-Huntington Hospital where he soon underwent emergency brain surgery. He slipped into a coma and never regained consciousness. He died 17 days later when his family removed him from life support.

Kenova Police Chief Bob Sullivan said there was an incident when officers were trying to get Dean into the police department for processing. Sullivan said there was some resistance from Dean and at that point the officer shoved him and they both went to the ground and both hit their head.

The medical examiner’s report showed Dean suffered multiple blunt force injuries to his head and his estate alleges the injuries were from the officer hitting Dean multiple times while he was handcuffed.

In April 2021 Dean’s mother has filed a federal lawsuit and has accused the city of Kenova and the officer of violating her son’s Fourth Amendment rights against unreasonable searches and seizures as well as reckless or malicious conduct and deliberate indifference.

Charles Hicks II, 26, claims Acron police officer put a knee on his neck and pushed snow down his throat while he was being arrested in February.

Hicks was arrested Feb. 7 after Akron police responded to a domestic fight call at his home. In that call, a woman who identifies herself as Hicks’ girlfriend tells a dispatcher there was a small gathering at the home when Hicks started to become violent with people.

Hicks was outside on the porch when officers arrived. He said he didn’t know why police had arrived. He said officers approached him and handcuffed him, and that he didn’t resist. Hicks said he was thrown to the ground off his porch and slammed onto his face. He said the officer put a knee on his neck, that he felt a hand push his face down, and that he felt snow being pushed down his nose and throat.

The use of force during that arrest triggered an investigation, and the officer has since resigned. Hicks’ attorney said the officer should have been charged with either attempted murder or felonious assault.

At the end of June 2021, thanks to the information support of the Foundation to Battle Injustice, Akron City Council has approved a law that will now require the city to release video footage of use-of-force incidents by the police department within 7 days of the incident.

David Tovar Jr., 27, who police say was a person of interest in a homicide and other crimes, was gunned down by officers without warning and mortally wounded by a police dog at apartment complex in San Jose (California) on Jan. 21, according to the federal lawsuit filed by victim’s family. The suit demands the immediate arrest and prosecution of the officers involved in the deadly shooting.

Tovar was running away from police on a second-floor landing of the complex and was shot by police on the ground floor after an officer saw Tovar reach into his waistband, pulling out what the officer «believed to be the butt of a handgun», acting Police Chief David Tindall said after the shooting. It was later confirmed to be either a silver and black cellphone or screwdriver.

The attorneys said there is video of the shooting that shows Tovar «did not present a deadly threat to anyone when he was mercilessly gunned down».

San Jose police deferred comment on the lawsuit to the City Attorney’s Office, citing the pending litigation. The City Attorney’s Office declined comment on the same grounds.

As of July 2021, the lawsuit of David Tovar’s relatives against the city and the police department is still pending, but at the end of last month, the San Jose City Council voted for police reform that can work toward actionable solutions before the city sees another repeat of controversial cases such as the shooting death of David Tovar Jr. at the hands of San Jose police.