The release order for Nicous D’Andre Spring, this young man who died following a physical intervention by Bordeaux correctional officers on December 24, was received at the prison the day before, but never opened. because employees would have left the office or would have been on leave that day.
This is what sources have suggested to The Presson condition of anonymity, because they are not authorized to speak to the media or because they fear reprisals, while investigations have begun and a public inquiry will also be held to shed light on this case.
Nicous D’Andre Spring died following an operation in which pepper spray was used against him. The coroner’s office has not yet confirmed the cause of death.
Appearance at the end of the day
The Press redid Nicous D’Andre Spring’s last legal journey.
The 21-year-old man, who already had active cases before the courts, was arrested on December 20 for possession of a weapon, assault on a peace officer and threats.
His release hearing was set for Friday, December 23 before Judge Silvie Kovacevich, of the Court of Quebec. It started at 3:52 p.m. and lasted barely 15 minutes.
Nicous D’Andre Spring appeared by videoconference from Bordeaux. There are reports that no corrections officer accompanied him to the court appearance cubicle at Bordeaux prison during his release investigation or any part of it.
He pleaded guilty in cases from 2020 and 2021.
In the first case, a driver complained about his behavior on a bus and he had a kitchen knife on him; in the second case, he was aggressive in the subway, tried to hit a policeman and had a butcher’s knife.
Following these pleas, the parties noted that he had been in preventive detention for four days, which were calculated as time and a half, therefore the equivalent of six days.
“Considering the six days of preventive detention, I will impose a suspended sentence with probation of one year. You are going to be released with conditions,” Judge Kovacevich announced.
Nicous D’Andre Spring had other unresolved cases. For these, he was to return to court on February 3.
“It is your responsibility to know your dates and to be present in court,” warned the magistrate.
Mr Spring asked a few questions so he could recover his wallet, which the police had given to someone close to him, as well as his passport, which he believed to have been lost.
The prosecutor, Mr.e François Allard, indicated that a release order would be drafted. The hearing ended at 4:08 p.m.
Employees gone?
Had he appeared in the dock at the Montreal courthouse, Nicous D’Andre Spring could have been released from that location, after reading the conditions contained in the release order and signing it at the court office. .
But in a videoconference appearance from a prison, once the hearing is over, a clerk writes the release order and it is then emailed to the prison facility by a desk officer from the courthouse registry.
However, according to our information, December 23 being the Friday before Christmas, employees of the Montreal Detention Facility (Bordeaux) assigned to releases and video appearances would have been on leave that day, and not necessarily replaced. Sources also mention a lack of personnel or changes in the way of doing things since the use of video appearances.
December 23 was a public holiday for Quebec government employees.
The hearing having taken place at the end of the afternoon, the order was sent quite late in the day. We tried to find out the exact time, to no avail.
At the Montreal courthouse, the information circulating, but which has not been confirmed, is that the email containing the release order was not opened in Bordeaux on Friday, December 23, which would explain why Nicous d’Andre Spring was still being held on December 24 at 11:45 a.m., when the events occurred.
The release of a prisoner has significant repercussions in a prison, particularly the release of a cell, and normally provokes rigorous follow-up.
Sources told The Press that Nicous D’Andre Spring allegedly told correctional officers on the evening of December 23 that he should be released.
On December 24, two other incarcerated people were also illegally detained in Bordeaux and were released on Christmas Eve.
The Press asked the Ministry of Public Security (MSP) when the authorities realized that these two individuals were also in illegal detention and what time they were released on December 24, but the MSP would not answer our questions. issues.
“Several investigations are underway to elucidate the causes and circumstances surrounding the death of the incarcerated person, including an investigation by the Sûreté du Québec as well as a public coroner’s inquiry. The Ministry has also mandated its Internal Audit, Investigations and Inspection Directorate to conduct an administrative investigation into the events, including in particular the illegal detention of Mr. Spring and two other detainees from 23 to December 24. You will understand that for the moment, the MSP will not issue any other comment and that the same will apply to any question related to the investigations in progress, ”replied a spokesperson for the Ministry.
At the end of all these investigations, the MSP will analyze the conclusions and recommendations received, and put in place the appropriate corrective measures if necessary.
A spokesperson for the Ministry of Public Security
According to our information, about twenty employees, agents and supervisors of Bordeaux wrote reports for the needs of the various investigations into this affair. A correctional officer and a supervisor have been suspended while investigations are completed.
To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.