A series of lapses in the use of cayenne pepper allegedly preceded the death of Nicous D’Andre Spring last weekend, learned The Press from various sources. The young black man was illegally detained in Bordeaux prison during the intervention after which he died.
Prison sources say Mr Spring was pepper sprayed twice as he resisted intervention, the second time by a unit leader in a decontamination shower. He was then reportedly placed in a solitary confinement cell without immediate medical supervision, where an officer later found that he was no longer breathing and had no pulse.
These actions go against the obligations of the establishment’s staff as detailed in a recent report by the Québec Ombudsman.
PHOTO FROM FACEBOOK
Nicous D’Andre Spring
One of those sources shared a contemporaneous report of the events which describes the intervention of correctional officers with Mr. Spring, 21, after an altercation with other inmates around 11.30am on Saturday. The Press agreed to preserve the anonymity of the sources since they are not authorized to speak about the events publicly.
According to this report, the officers immobilized the inmate, put on a spit mask and handcuffed him before escorting him to a solitary confinement cell. Mr. Spring would then have resisted, and the agents would have tackled him to the ground then, following the order of a head of unit on the spot, would have peppered him for the first time.
The head of unit would then have requested that the detainee be placed in the decontamination shower.
The Québec Ombudsman indicates in its 2021-2022 activity report that decontamination “must be undertaken quickly” after the use of an inflammatory agent such as cayenne pepper on an inmate. However, the staff must first “get the person out of the contaminated place and take him to an open place to allow him to breathe freely” then “make sure that the person is calm” before accompanying him to the shower, only if the person consents.
Since the detainee was still resisting, an officer would have opposed the unit head’s order, but the latter would have asked him to leave the premises. The other officers would have escorted Mr. Spring to the shower, where they would have locked the agitated inmate.
At this time, the head of unit allegedly used the pepper on the inmate himself by going over the shower door. He allegedly emptied the container of inflammatory agent on Mr. Spring and demanded another container.
The report then states that the inmate appeared to calm down. Correctional officers would then have transported him to a solitary confinement cell.
The Québec Ombudsman indicates that after the use of pepper and decontamination, the personnel must “observe any difficulty in breathing in the person” and have them examined by the establishment’s health service “as soon as possible”, which which would not have been done.
The person must also remain under observation for at least 12 hours and “if their state of health requires it, they must be taken to the hospital”.
After an indefinite period of time, an officer reportedly noticed that Mr. Spring was not moving and did not appear to be breathing. It was only then that the establishment’s health services and then the ambulance attendants were called.
Another prison source provided a similar, albeit less detailed, account of the events, including the use of the spit mask, the two uses of pepper spray, the unit chief’s intervention, the decontamination shower, and solitary confinement where Mr. Spring was found lifeless and pulseless.
Mr. Spring, who should have been released as early as Dec. 23, faced charges of assault, assaulting a peace officer, carrying a weapon for a dangerous purpose and failing to comply with an order.
The Ministry of Public Security (MSP) said Wednesday that Mr. Spring was pronounced dead on Sunday following a “physical intervention” by correctional officers on December 24. The president of the correctional officers’ union said Mr Spring “became unwell” following the use of pepper spray ordered by a manager.
Since then, a correctional officer has been suspended, the Sûreté du Québec (SQ) has opened a criminal investigation and the MSP has launched an administrative investigation. The coroner’s office must also investigate the causes and circumstances of the inmate’s death at the Montreal Detention Facility (EDM), also called Bordeaux prison.
“I want all the light to be shed on these events,” Public Security Minister François Bonnardel said on Twitter on Thursday. “My ministry will follow the recommendations that may be made following the investigations,” he assured.
A candlelight vigil in memory of Mr. Spring is to be held Friday evening at Benny Park in the Notre-Dame-de-Grâce district.