THUNDER BAY — Testimony from officers working in the Thunder Bay Police Services headquarters the night Don Mamakwa died while in custody reveals a breakdown in communication may have resulted in the severity of his condition going unnoticed.
The coroner’s inquest into the deaths of Mamakwa and Roland McKay resumed on Monday after being stood down for two days.
Mamakwa, 44, of Kasabonika First Nation died while in custody at the Thunder Bay Police Service headquarters on Aug. 3, 2014. McKay, 50, of Kitchenuhmaykoosib Inninuwug First Nation, died on July 19, 2017.
Testimony over the last two hearing dates has come from the jailers and watch commanders who were working the day shift on Aug. 2, 2014 when Mamakwa was first brought into the police headquarters and the night shift when he passed away.
Const. Jeff Tackney was working as the jailer when Mamakwa was first brought into the police headquarters at approximately 4:40 p.m. after being arrested for public intoxication and breaching a probation order.
Earlier testimony by arresting officer Const. Ryan Krupa revealed Mamakwa was found with a can of Lysol but that information was not shared with Tackney.
“It would be helpful, yes,” Tackney said. “If you were concerned if they were drinking something aside from regular alcohol, you may watch them a little more closely.”
Tackney added that he does not hold any biases towards Indigenous people but dealing with individuals who are intoxicated can result in frustration.
At 6:30 p.m., Tackney was relieved as jailer by Const. Sherry Heyder. According to Tackney, if someone in custody was in such a bad medical state as to warn the next jailer, they probably would have been transported to the hospital.
Heyder testified that she was not informed that Mamakwa was found with Lysol, adding that information would have been very helpful to understanding his condition.
“If I had learned he had been drinking Lysol, I would have sent him to the hospital because he did not belong in cells,” she said. “It is so dangerous.”
Another instance of information being lost in communication was Mamakwa’s medication needs. When he was first being processed in the booking room, Mamakwa was asked if he was on any medication and he said he was on lots, but his arrest sheet was marked with ‘no’ medications by the arresting officers.
If the arrest sheet was marked ‘yes’ to medications, Heyder said she would have asked Mamakwa to clarify what medications he needed.
The night of Aug. 2, 2014 was described by Heyder as a quiet night. There are monitors where the jailer can see the cells from the office and a timer indicating when physical checks should be performed every 30 minutes.
However, Heyder said she thought it was kinder to let those in custody sleep, as entering the lockup makes a lot of noise and usually wakes people up.
“I chose not to do the half-hour walk throughs because the doors are incredibly loud and it wakes the individuals up,” she said. “I felt if they were able to find some comfort on a concrete bed with no pillow or blanket, that as long as they were asleep, the time would pass quicker for them.”
Heyder said on the monitors she could see Mamakwa moving around until eventually coming to rest on the floor with his back against the bed, at which time she believed he fell asleep.
When asked if she believed Mamakwa may have been exhibiting signs of illness and not intoxication, Heyder said it did not occur to her because of the information she was given.
“The lack of information on the arrest report would refer to any kind of medical conditions,” she said. “It gave me a bias that there was nothing physically wrong with him other than over imbibing alcohol. The lack of information of the presence of Lysol, that would have changed my perception in a big way for that.”
Heyder also recalled speaking to Mamakwa at 10 p.m., and while his physical condition did not appear to be improving, he was speaking clearly.
The jury was also shown new videos from inside the booking room of the police services headquarters, where Heyder is heard saying she did have a chance to pick or watch a movie.
According to Heyder, that was a ‘tongue and cheek’ comment made because road officers often joke that jailers don’t have enough work to do and just sit around watching movies.
Heyder said she did not have any distractions the night of Aug. 3, 2014, when Mamakwa died, but said she has used music and other media in the past.
Asha James, counsel on behalf of the Mamakwa and McKay families, asked Heyder if she believes Mamakwa was treated with respect the night he died, to which she said she treated him with respect.
“I thought I was treating him with compassion by letting him sleep. But knowing then what I know now, I would have woken him up every 15 minutes to save his life,” she said. “I didn’t do the walkthroughs because I thought it was more compassionate and humane to let the people sleep. It didn’t benefit me. It benefitted them in my mind.”
Heyder also took a moment to address Mamakwa’s family.
“No words I can say will lessen your profound feelings of loss,” she said. “If it gives you any solace, please know that I grieve for Mr. Mamakwa every day and I relive his passing every night. I wish it could have been different.”
When given the opportunity to share what sort of recommendations could prevent future deaths, Heyder said there should be a nurse or medical professional at the police station to care for individuals in distress, more than one person working as jailer, a quieter way to do physical checks of the cells, and larger sobering centres available in the city.
“I don’t feel jail is a place for intoxicated people if that is the only reason they are there,” she said. “They are struggling with addiction and that should not be criminalized.”
Testimony in the inquest will resume on Tuesday.
