A series of lapses in the use of pepper spray 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 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 not 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. Agents would also have opposed certain acts, which the head of unit involved would have ignored.
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Nicous D’Andre Spring
Sources have shared contemporaneous reports of the events which describe the intervention of at least 10 correctional officers to 21-year-old Nicous D’Andre Spring after an altercation with other inmates around 11:30 a.m. Saturday. The Press agreed to preserve the anonymity of the sources since they are not authorized to speak about the events publicly.
According to these reports, the officers immobilized the inmate, put on a spit mask and handcuffed him before escorting him to a solitary confinement cell. Spring would then have resisted, and the agents would have tackled him to the ground then, following the order of a unit leader 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. Contacted by The Pressthe Union of Peace Officers in Correctional Services of Quebec declined to comment.
Rules surrounding the use of pepper spray
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 pepper spray 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. According to our information, the agent who objected to bringing Nicous D’Andre Spring into the shower is the one who was suspended following the events.
The other officers reportedly escorted Spring to the shower, where they locked the agitated inmate.
At that time, the head of unit allegedly asked that an officer pepper the inmate again. When the officer refused, he allegedly used the pepper himself on the inmate by going over the shower door. He would have emptied the container of inflammatory agent on Spring and asked for another container.
Reports then indicate 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 Spring not moving and no longer showing vital signs. It was only then that the establishment’s health services and then the ambulance attendants were called.
Ongoing investigations
Nicous D’Andre Spring, who should have been released as early as December 23, faced charges of assault, assault on a peace officer, possession of a weapon for a dangerous purpose and omission. to comply with an order.
The Ministry of Public Security (MSP) said Wednesday that Nicous D’Andre Spring was pronounced dead on Sunday following a “physical intervention” by correctional officers on December 24. The president of the correctional officers’ union said 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 Nicous D’Andre Spring was held Friday evening at Benny Park in the Notre-Dame-de-Grâce district.