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PCs cleared of ignoring man's 'I can't breathe'

PA Media Mural of Kevin Clarke at various ages against a blue backgroundPA Media
A mural of Kevin Clarke was painted opposite Lewisham police station. The artwork has since been removed

Two Metropolitan Police officers, who denied hearing a restrained and dying man say he could not breathe, have been cleared of gross misconduct.

PCs Danielle Barnes and Elizabeth McAleenan were accused of having failed to ensure the welfare of a member of the public after Kevin Clarke, who had paranoid schizophrenia, died at Lewisham Hospital in 2018.

It was also alleged the two officers lied under oath at an inquest into Mr Clarke's death in October 2020.

Mr Clarke's family said they were "deeply disappointed" after a misconduct panel ruled there was not enough evidence to prove either officer had heard him say the words "I can't breathe" and failed to take action.

Clarke family A grainy photo of Kevin Clarke standing in front of an interior door. There is a fire escape sign on the wall behind him.Clarke family
Mr Clarke was restrained by officers in Catford after he was found lying on the ground in a playing field

Panel chairperson Catherine Elliott said they were unable to conclude the words "I can't breathe" were uttered by Mr Clarke and it therefore followed there could not be a misconduct finding.

Wendy Clarke and Tellecia Strachen, the mother and sister of Mr Clarke, sat in the public gallery as the hearing was brought to a close.

Ms Strachen said: "There is something wrong with the system – the system is broken and it's not fit for purpose.

"It's disrespectful to my brother as a human being – I'm extremely angry, disappointed, and I think it's a waste of time."

PA Media Tellecia Strachen and Wendy Clarke, wearing black coats, black hats and T-shirts with RIP KC and a picture of Mr Clarke printed on. They are standing outside the building in which the hearing was held and both look unhappy but resigned.PA Media
Tellecia Strachen and Wendy Clarke, Mr Clarke's sister and mother, were at the hearing

Mr Clarke died in March 2018 following an incident in the Polsted Road area of Catford, south-east London, in which the 35-year-old was found lying on the ground in a playing field, acting strangely.

Having assessed the situation as a "serious mental health episode", officers decided to put Mr Clarke into handcuffs and leg restraints.

Mr Clarke lost consciousness as he was being carried to an ambulance and later suffered a cardiac arrest.

In October 2020, an inquest jury ruled the police decision to restrain Mr Clarke "escalated the situation to a medical emergency", adding that it was "highly likely" that at least one officer heard Mr Clarke say "I can't breathe" on more than one occasion.

'Devastating but inevitable'

Panel chairwoman Ms Elliott told the misconduct hearing the inquest's findings were "correct" and "not in dispute".

"On a couple of occasions, it is possible that the words 'I can't breathe' were said.

"His speech was so muffled that one couldn't be confident of this."

She added that there was "nothing to indicate" that any of the officers present at the scene heard these words, and that it would be "extremely unusual if any of these officers had heard these words and simply ignored them".

Following the hearing, the family's lawyer Cyrilia Davies Knight said: "Sadly, the family had no expectations of justice as they believe this system is clearly not designed to deliver accountability, particularly where there is a death in police custody.

"This outcome, while devastating for the family, was sadly, in their opinion, inevitable."

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