Taser inquest disappoints relatives of N.B. man

March 5, 2007
CHRIS MORRIS, Canadian Press; Rick Cash and Johanna Boffa

MONCTON -- Relatives of a New Brunswick man who died after he was repeatedly shocked by police with a taser say they are disappointed with a coroner's jury that recommended better training for police and medical officials.

A coroner's inquest into the sudden death of 34-year-old Kevin Geldart ruled on Friday that he died accidentally of a condition known as excited delirium, with contributing factors.

A pathologist testified during the eight-day inquest that "contributing factors" included repeated shocks to Mr. Geldart's torso and head from an RCMP taser weapon.

"There should be a moratorium on tasers until they know more about them and their effect on people," said Margaret Geldart, Mr. Geldart's aunt.

Mr. Geldart's sister, Karen Geldart, said she was disappointed the five-member jury did not go beyond recommending more training and education for police and emergency medical personnel.

"There is so much that is unknown about these tasers," she said. "It was clear to me that even though the police officers were trained to use the taser, they didn't seem to have a good understanding of when it is appropriate to use and when it is not."

Mr. Geldart, described by his family as a gentle giant of a man, died on May 5, 2005, after four RCMP officers attempted to take him into custody at a downtown Moncton bar.

The victim, who weighed 350 pounds, had earlier slipped out of a hospital psychiatric ward where he was being treated for bipolar disorder.

The coroner's jury made 16 recommendations calling for such things as seminars on tasers for police, recertification of taser instructors every five years and changes to the weapon itself to make sure it accurately records each firing.

It was not clear from police evidence presented at the inquest exactly how many times the taser was used against Mr. Geldart, although pathologist Ken Obenson said there were eight taser injuries on his body.

Karen Geldart said there were inconsistencies in the evidence, which has left family members wondering what actually happened. She said she was bothered by the fact that witnesses at the bar described her brother as scared and confused in his final moments, while police officers said he was aggressive and combative.

Coroner Dianne Kelly made several recommendations of her own on Friday, including the referral of all in-custody deaths to independent agencies for investigation.

Although four RCMP officers were involved in the incident, the investigation into what happened was handled by fellow RCMP officers in Fredericton.

Ms. Kelly also recommended that New Brunswick police agencies develop policies on tasers, including training.

The inquest came at a time when more people are asking questions about the usefulness of the taser as a so-called non-lethal weapon to control violent behaviour.

So far, 212 people have died in incidents in Canada and the United States where tasers have been deployed.

In the vast majority of those cases, pathologists have not been able to clearly identify a cause of death. In many cases, including the Geldart case, death has been attributed to a relatively new condition called excited delirium.

Other taser inquests

Gurmit Singh Sundhu: Died June 30, 2005, after he was restrained by at least two RCMP officers. Police were called to his Surrey, B.C., home where the man was allegedly assaulting his wife in a cocaine-induced state. The 40-year-old father of four was hit by a taser gun a number of times by the first officer at the scene. The coroner's inquest concluded that the cause of death was acute cocaine intoxication.

Robert Bagnell: Died June 23, 2004, after police were called to a Granville Street hotel in Vancouver where Mr. Bagnell had barricaded himself. According to the pathologist and toxicologist who testified at the inquest, death was due to heart problems and acute cocaine intoxication. B.C. coroner Stephen Fonseca abruptly shut down the inquest in September, 2006, after the family of the victim tried to introduce a letter from the Victoria chief of police that raised concerns about the use of tasers. The inquest is adjourned until March 7.

James Foldi: Died July 1, 2005, in Beamsville, Ont., after he was tasered at least 12 times, including 11 times using what is known as a drive stun technique, where the device is pressed against the person and fired. Mr. Foldi, who was acting erratically, allegedly from a cocaine overdose, rampaged through several houses in his neighbourhood and tried to flee when confronted by three police officers. They struggled for a few minutes, during which time the tasers were used. Mr. Foldi fell to the ground, lost consciousness and never recovered. An inquest is pending.

Roman Andreichikov: Died on May 1, 2004, after he was subdued by police officers who responded to a 911 call about a potential suicide. Mr. Andreichikov, a fitness trainer, had been on a five-day cocaine binge, and after fighting with his girlfriend tried to commit suicide twice by attempting to leap from the fourth floor balcony of his Granville Street apartment in Vancouver. The police had difficulty subduing him and tasered him twice. The inquest decided that cardiac arrest and cocaine intoxication, not the taser, were responsible for his death.

Peter Lamonday: Died on May 14, 2004, after police responded to a break-in at a Hamilton Road gift shop in London. Eight officers attempted to subdue him, and during the altercation Mr. Lamonday was tasered three times. He died about 50 minutes later in hospital. The inquest decided that Mr. Lamonday died from cocaine-induced delirium.

Research: Rick Cash and Johanna Boffa