The family of a Black man who passed away after being restrained by police officers, who claimed they did not hear him say “I can’t breathe,” has criticized the police disciplinary system following the exoneration of two officers of gross misconduct charges.
Kevin Clarke, 35, died in police custody in 2018, enduring more than 30 minutes of restraint before his death.
Two officers from the Metropolitan Police, PC Danielle Barnes and PC Elizabeth McAleenan, were found not guilty of gross misconduct, stating they did not hear Clarke plead that he could not breathe.
An earlier inquest had determined that at least one officer had heard his plea.
The disciplinary panel, chaired by an independent legal expert, concluded that there was insufficient evidence to substantiate the misconduct claims against either officer.
Tellecia Strachen, Clarke’s sister, who had been diagnosed with paranoid schizophrenia, expressed her frustration: “There is a fundamental issue with this system – it’s failing and unfit for its purpose. It’s disrespectful to my brother’s humanity. I’m incredibly angry and disappointed; this feels like a complete waste of time.”
Catherine Elliott, the legally qualified chair of the panel, stated: “The panel could not confirm that Mr. Clarke said the words ‘I can’t breathe’. It was not proven that either PC Barnes or PC McAleenan heard him express that he couldn’t breathe, and therefore, no misconduct finding can be made.”
Clarke was restrained by police under the belief that he was experiencing a severe mental health crisis. He had been subjected to handcuffs and leg restraints.
Elliott mentioned: “After being restrained, his behavior became more challenging. It is possible that he uttered the words ‘I can’t breathe’ at some point, but his speech was muffled to the extent that we can’t be confident about this.”
She added that there was “no indication” that any of the officers present heard those words, stating it would be “highly unusual” for them to ignore such a plea.
In October 2020, an inquest jury concluded that the application of restraints on Clarke had “escalated the situation into a medical emergency.”
While absolving the officers of wrongdoing, Elliott specified that the decision to employ the restraints stemmed from Clarke’s attempts to stand, escalating concerns for his safety.
Cyrilia Davies Knight, a solicitor representing Clarke’s family, expressed: “The family is profoundly disheartened by the panel’s ruling. This decision starkly contrasts with the unanimous findings of 11 jurors during the inquest, who agreed that Kevin repeatedly stated ‘I can’t breathe’ while restrained, and asserted that at least one officer must have heard him at least once.
“Regrettably, the family had low expectations for justice, convinced that this system is clearly not meant to ensure accountability, especially in cases of deaths during police custody. This devastating outcome, in their view, was all but inevitable.”
Metropolitan Superintendent Louise Sargent commented: “The panel acknowledged that the two officers did not hear Mr. Clarke as he became increasingly agitated, rendering his speech very muffled and ultimately inaudible. They meticulously reviewed a substantial amount of body-worn footage from the officers, which did not confirm that Mr. Clarke said those words.
“The panel emphasized that if he did utter those words, it would be ‘extremely unusual’ for officers assessing a serious mental health crisis to ignore them, particularly when their aim was to calm Mr. Clarke and facilitate his transfer to paramedics for expert assistance.
“The circumstances were fast-moving and difficult for all those who attempted to assist Mr. Clarke that day, and his passing was indeed a tragedy.”
