Diana
Mehta, The Canadian Press
Published
Thursday, June 6, 2013 6:35AM EDT
Last
Updated Thursday, June 6, 2013 6:43PM EDT
MIDHURST,
Ont. -- The death of a mentally ill man after he was Tasered by police three
years ago was described as an "index case" by Ontario's top
pathologist Thursday, as he identified the electric stun gun as a key factor in
the fatality.
Dr.
Michael Pollanen spent hours testifying at the inquest into the death of Aron
Firman, a 27-year-old schizophrenic who died in June 2010 after an encounter
with Ontario Provincial Police.
Pollanen
called the incident "an accident" -- echoing a finding by Ontario's
police watchdog that cleared the officers dealing with Firman of any
wrongdoing.
"I have never seen a case where I was confident that you could link a
Taser as factor in death, until this case," he told the five-member jury
at the inquest.
"This is a first of its kind in Ontario."
Pollanen acknowledged there would be some who disagreed with his
finding, particularly as the use of Tasers and their effects is still a growing
field of study.
"There is unlikely to be entire uniform agreement on this
case," he said. "But I would say it's too parsimonious to say the
Taser was uninvolved in death."
Pollanen was careful to note, however, that while the Tasering of
Firman was the "most immediate factor" in his death, it was not the
only factor.
He described Firman's cause of death as "cardiac arrhythmia
precipitated by electronic control device deployment in an agitated
schizophrenic man."
But he also said Firman had a "moderately" enlarged
heart -- though he did not have a specific heart disease -- and carried a gene
which may possibly have made his heart more vulnerable to injury.
"The fatal outcome in this case likely presents the
conjunction of many factors coming together at the same time," he said.
Pollanen made it clear he believed the use of Tasers by
authorities had its benefits, and the electric stun gun's role in a fatality
was rare, but nonetheless, he said, in some cases the use of a Taser does lead
to death.
One possibility the chief forensic pathologist largely dismissed
was a suggestion Firman could have died from a syndrome known as "excited
delirium," which is sometimes cited as a cause of death in people using
cocaine or those with severe mental illness.
A lawyer representing Taser International, which has standing at
the inquest, took Pollanen to task on that point, arguing that Firman could
very well have died due to excited delirium.
"I'm saying many factors of excited delirium are here,"
argued David Neave, who also said Pollanen had shown no objective published
data which demonstrated that a Taser discharge can cause death.
For his part, Pollanen repeatedly told the inquest it was hard to
determine the dividing line between severe agitation and excited delirium.
On that point, the lawyer for the Firman family argued that Firman
had been severely agitated in the past but died after he was Tasered.
"It is the family's position in this inquest that if the
Taser was not deployed and used on him, he would not have died," Sunil
Mathai said outside the inquest.
Mathai added that the family agreed with Pollanen's noting of
other factors which could have contributed to Firman's death, saying those
elements contributed to "the susceptibility of his heart being captured by
the Taser."
Firman's parents were present at Thursday's proceedings, as they
have been throughout the inquest.
"It's been a very hard process for us to go through,"
Firman's father, Marcus Firman, told The Canadian Press.
"This is three years after the event and it brings everything
back fresh."
The family is hoping that the inquest will lead to better
guidelines around the use of Tasers by authorities and improved response
techniques when police have to deal with agitated mentally ill people like
their son.
The inquest began in April and was expected to hear from about 20
witnesses.
Aron Firman was a resident at a group home in Collingwood, Ont.,
at the time of his death.
A December 2010 report from Ontario's Special Investigations Unit
said that on June 24 of that year two OPP officers responded to an assault
complaint about Firman and found him sitting in a chair outdoors.
Both officers attempted to speak to "an agitated"
Firman, according to the report. When they moved to apprehend him Firman got
out of his chair and "moved aggressively" towards an officer, it
said.
The second officer tried to intervene but was unable to do so as
Firman hit her in the face with his elbow, said the report. Firman then moved
toward the first officer who responded by discharging his Taser gun at him.
Firman was able to take a few additional steps before falling to
the ground and losing consciousness, the report said. He was taken to an area
hospital where he was pronounced dead.
In commenting on the case, the SIU director singled out the use of
the Taser on Firman.
"In this incident, the Taser's deployment in my view caused
Mr. Firman's death," Ian Scott said in his report.
While noting the responding officers had the authority to arrest
Firman for assault and had not done anything wrong, Scott pointed out that the
Taser is characterized "as a less lethal or intermediate weapon."
"In these circumstances, and in light of Mr. Firman's
demonstrated degree of aggression, I am of the opinion that the Taser's
deployment was not excessive, notwithstanding the fact that it caused Mr.
Firman's demise."
The use of Tasers by police has come under increased scrutiny over
the years, particularly in the high-profile death of Polish immigrant Robert
Dziekanski, who died after he was Tasered several times during an altercation
with RCMP officers at Vancouver's airport in 2007.
A public inquiry in Dziekanski's death has said multiple
deployments of the Taser along with a physical altercation contributed to the
circumstances that lead to Dziekanski's heart attack. The BC Coroners Service
agreed with the conclusions of the inquiry.