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A police custody sergeant guilty of misconduct following the death of a 40-year-old man in custody will receive a written warning as punishment.

Allegations of gross misconduct were not proven against PS Ian Flower but the panel did find the officer had committed misconduct in relation to Professional Standards of Duties and Responsibilities, and Orders and Instructions.

The ruling was made after a public hearing held at Police HQ which was led by an independent legally qualified chair.

This comes after allegations of misconduct were also proven against three police officers, PC Stephen Brawley, PC Ian Bartlett and PC Nick White.

No sanctions were imposed on the three policemen in part because the officers understood where they went wrong and had learned from the incident, said the panel, which was led by Emma Nott.

Allegations against the custody sergeant were made after David Fournier D'Albe was arrested on December 28, 2014, following a fire at his home in College Street, Burnham-on-Sea.

After Mr Fournier D'Albe was rescued he was questioned as a witness but became aggressive and was later stopped trying to re-enter his house, contrary to fire service instructions, the panel were told.

When Mr Fournier D'Albe was brought into custody at Bridgewater custody suite, officers used pepper spray during a struggle to restrain him and he suffered minor head injuries.

He later died in his cell of natural causes. The minor head injury and use of pepper spray were not contributory factors in his death. The cause of his sudden death was not related to the misconduct proceedings, the panel said.

It was alleged that Sergent Flower failed to ensure that Mr Fournier D’Albe was properly checked on every hour and therefore failed in his duty of care to the detainee. As well as making inaccurate and misleading entries on the custody record which were deemed dishonest by the IPCC.

PS Flower denied gross misconduct but accepted his carelessness amounted to misconduct and a breach of the Professional Standards.

He denied failing to properly supervise cell visits and breaching his duty of care to Mr Fournier D’Albe. He also denied dishonestly inputting a false record, although the IPCC did not previously accept this and recommended proceedings in gross misconduct.

CCTV footage of the incident was used to determine what happened, along with the testimony of training officer PS Jason Taylor and line manager Inspector Nick Jones.

In reaching their decision, the panel took into account PS Flower's 39 years of public service and good character.

Assistant Chief Constable Nikki Watson said: “I’d firstly like to renew our heartfelt sympathies to the family of David Fournier D’Albe for their tragic loss.

(Image: PA)

“These misconduct proceedings resulted from an investigation carried out by the Independent Police Complaints Commission and focused on how duties and responsibilities were carried out following Mr Fournier D’Albe’s arrest and subsequent detention in custody. We fully respect the findings of the panel, led by an independent legally qualified chair.

“We have comprehensive policies and procedures in place governing how we deal with people detained in our custody centres, all of which adhere to the College of Policing’s authorised professional practice.

"Following this incident, we’ve continued to provide training, guidance and facilities that prioritise the safety of people in custody. The training provided has included information to assist officers and staff in conducting effective risk assessments for people in custody and how to identify and respond to detainee vulnerabilities.

“Independent custody visitors regularly visit our force custody centres as part of our aim of being as open and transparent as possible. They are able to observe, comment and report on conditions of people who have been detained and are authorised to check on their welfare and custodial arrangements.”