Church caretaker had cardiac arrest after being handcuffed and placed in restraints

This article is more than 2 years old

This article is more than 2 years old



Six Devon and Cornwall police and detention officers will face gross misconduct proceedings over the death of a church caretaker who had a cardiac arrest after being restrained.

Thomas Orchard, 32, was held down, handcuffed and put in restraints, with a webbing belt placed around his face for five minutes and two seconds.

He died in hospital seven days after being arrested and brought to Devon and Cornwall police’s Heavitree Road custody unit in Exeter in October 2012.

The Independent Office for Police Conduct (IOPC) announced on Thursday it had directed Devon and Cornwall police to bring disciplinary action against six of the seven officers involved with the detention and restraint of Orchard. It will now consider whether to hold the hearings in public or private.

A police sergeant, two detention officers and three police constables will face misconduct proceedings.

In March 2017, three Devon and Cornwall police staff were cleared by a jury at Bristol crown court of the manslaughter of Orchard.

Sgt Jan Kingshott and civilian detention officers Simon Tansley and Michael Marsden had denied manslaughter. They argued that the force used on the caretaker was proportional and lawful.

The IOPC, which investigated the circumstances surrounding Orchard’s death, submitted a report stating that seven officers and staff had cases to answer for gross misconduct.

A spokeswoman for the police watchdog said Devon and Cornwall police disagreed with this and as a result the IOPC had directed the force to hold misconduct proceedings for six officers and staff.

These will relate to “allegations over their use of force”, the spokeswoman added.

In a statement issued through the charity Inquest, Orchard’s family criticised the police force for its “persistent refusal to hold disciplinary hearings to establish if their staff seriously breached professional standards”.

It added: “Only by holding open, honest and transparent hearings can our family’s confidence be restored and the public interest be served. We hope that the media and public will join us to demand rigour and fairness from this process.”

The IOPC said Devon and Cornwall police would arrange the hearings in due course.

The watchdog said it had taken into account the acquittal of Kingshott, Tansley and Marsden last year, adding that

One police constable involved in the initial arrest of Orchard should be dealt with through management action, it added.

Orchard, who had a history of mental health problems and was diagnosed with paranoid schizophrenia, was arrested and detained on 3 October 2012 after reports of disorientated behaviour at 11am that day.

He was dealt with by seven police officers, handcuffed and restrained around his legs before being driven to the Heavitree Road custody unit.

Orchard appeared to attempt to bite an officer as he was taken through the door into the holding of the custody suite and was then held down by three officers. An emergency response belt (ERB) was wrapped around his face.

Devon and Cornwall police had authorised the US-made restraint device for use across the face to prevent spitting or biting.

A risk assessment by the force did not identify or refer to any risks to detainees when the belt was used around the head. The ERB is no longer used about the head after Orchard’s death.

James Vaughan, the force’s deputy chief constable, said it would take time for the force and the officers and staff involved to consider their response to the decision.

He added: “We continue to offer support to the staff involved in these proceedings, but the effect this has had on them and the Orchard family since October 2012 cannot be under estimated.

“We will now further discuss the matter with the IOPC.”