Top Stories -   

1
This is an undated family handout photo of Howard Hyde who died 30 hours after being shot with a Taser on Wednesday, Nov. 21,2007. (THE CANADIAN PRESS/HO Court reporter Kristin Naas carries copies of the report of the inquiry into the death of Howard Hyde at provincial court in Halifax on Wednesday, Dec. 8, 2010. (Andrew Vaughan / THE CANADIAN PRESS)  This is an undated family handout photo of Howard Hyde.

N.S. judge concludes scuffle with guards caused death

Viewer

CTV News Video

CTV National News: Todd Battis on the inquiry
Thirty hours after a Halifax area man with a mental illness who was arrested by city police back in 2007, he was found dead in a jail cell. An inquiry that lasted almost a year is now raising questions about the people responsible for keeping him safe.
CTV Atlantic: Rick Grant on the findings
A report on the death of Howard Hyde in 2007 says his death was not caused by repeated tasering, but it did recommended changes into how police deal with people with mental health problems. CTV's Rick Grant explains.

A A |  Email ThisEmail  | PrintComments (32) Facebook   

This is an undated family handout photo of Howard Hyde who died 30 hours after being shot with a Taser on Wednesday, Nov. 21,2007. (THE CANADIAN PRESS/HO Court reporter Kristin Naas carries copies of the report of the inquiry into the death of Howard Hyde at provincial court in Halifax on Wednesday, Dec. 8, 2010. (Andrew Vaughan / THE CANADIAN PRESS)  This is an undated family handout photo of Howard Hyde.

Photos

This is an undated family handout photo of Howard Hyde who died 30 hours after being shot with a Taser on Wednesday, Nov. 21,2007. (THE CANADIAN PRESS/HO

View Larger Image

Date: Wed. Dec. 8 2010 9:06 PM ET

Nova Scotia judge has concluded that a fatal scuffle with guards claimed the life of a mentally ill man who died in a Halifax jail cell.

Howard Hyde, a 45-year-old musician from Dartmouth, N.S., died in his jail cell on Nov. 22, 2007.

Thirty hours before he died, police hit Hyde with a Taser five times and he was taken to hospital for treatment.

A medical examiner would eventually conclude that he died of excited delirium due to paranoid schizophrenia.

But the inquiry into his death came up with a different finding -- that Hyde died because of his struggle with guards.

Provincial court judge Anne Derrick released the inquiry's findings in a 460-page report on Wednesday.

The 460-page report said the restraint technique used by provincial jail guards may have restricted Hyde's ability to breathe.

"The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint," Derrick wrote in her report. "He did not die because he was mentally ill."

The Hyde's family lawyer said he was satisfied with the report.

"Overall, my thoughts are positive. Judge Derrick did a very thorough job," Kevin MacDonald said.

"I accept (Hyde's death) did not really come from the conducted-energy weapon."

Derrick made 80 recommendations in the report, and said more money needs to be put towards mental health in Nova Scotia.

"We are going to pay for it one way or another. A day in jail costs a whole lot more than support services in the community," Jean Hughes of the Canadian Mental Health Association told CTV Atlantic.

Nova Scotia's NDP government said they are looking into addressing the report.

"It needs to be addressed after we have a good strategy that identifies where the gaps are," N.S. Health Minister Maureen MacDonald said.

Tragic events

Police were called to Hyde's home in the early hours of the day before he died.

His spouse called 911 to report that he had abused her and that he was off his medication.

Hyde was arrested, taken to a police station and charged with assault. There he tried to flee the premises, which is when he was hit with a Taser up to five times.

Derrick said that appeared to have happened because of an unfortunate choice of words by a police officer.

Inside police headquarters, an officer tried to cut a knot on the string of Hyde's shorts, saying "We'll have to cut one of those balls off."

"These words lit the fuse for the explosive events that followed," Derrick wrote.

After being Tasered, Hyde was unconscious and police took him to hospital.

Hyde was then released after a few hours, on the condition that he seek psychiatric help after appearing before a judge.

But instead of being released he was taken to a provincial jail where he got into a scuffle with guards and died soon after.

While Derrick concluded it was the scuffle and not excited delirium that caused Hyde's death, the judge did criticize the way police used their Tasers.

Derrick said police should not use stun guns on emotionally disturbed persons unless other methods of crisis intervention have failed.

Derrick said the Tasering of Hyde did not cause his death, but certainly "worsened the situation."

The report repeatedly said police, health and corrections staff did not receive enough training on how to deal with the mentally ill.

While Halifax police argued that they train their officers not to use Tasers unless they have first tried other de-escalation methods, Derrick said that their training manuals do not include words to this effect.

Derrick also said the Nova Scotia's Justice Department should review the manual it uses for Taser training.

Following the inquiry's end, Nova Scotia Justice Minister Ross Landry said he hoped Hyde's death would serve as a catalyst for "real and positive change in the system."

Landry said he wished "to convey my sympathy to the family and assure them that we will carefully consider the recommendations contained in this report as we move forward."

With files from The Canadian Press

Comments are now closed for this story

Marcel
said

Here's another example of a judge exceeding his authority and merrily making things up they go along. What's the point of having experts investigate and report when a judge who is untrained in these matters can simply overturn their considered professional verdict. This another example of why we need massive reform of the judiicial system


Dr Glove
said

you can kill with almost 90% efficacy by applying pressure to the heart for 15-20 secs then tasering themwithout this piece of informationall studies would show this piece of military hardware is safeNow you know why people are dropping off like flies with the use of said contraption( scary part is, the police know about this )


Corrie
said

WTF - has the cops in this country lost their minds. When is all this police brutality going to stop.... we have the G20 fiasco, the corrupt Ottawa police and now NS police are assaulting and killing accused and I won't even mention the constant brutality of the RCMP. Okay now it's time Mr. Harper for you to step in and do something right. It appears as though a full scale investigation of all police entities in this country needs to be conducted NOW... and not by other police entities either. To the cops out there.... get a grip. You are going to find that the general public will be taking matters into their own hands because the police just simply cannot be trusted to keep their brutality to themselves.


Richard in New Brunswick
said

Based on observation I conclude that most, if not all, police officers are insufficiently trained in the various techniques available and designed to subdue even most out-of-control individual. I've watched many times where those properly trained in hand-to-hand combat (martial arts) easily and quickly disable even armed suspects, let alone ones who are unskilled, inebriated, confused and/or unarmed. But then look at many officers - without their batons, tasers and guns, or worse, riot gear, they aren't fit or skilled enough to fight their way out of a wet paper bag. They're loaded down with kevlar vests and leather belts loaded with all sorts of offensive toys which makes them heavy and slow and forces them to reach for tasers right after screaming "Stop. Police." or, just stand there looking incompetent while the suspect gets away.


Peter
said

It's true, better to be thrown clear in an accident than have a seatbelt on, tobacco does not cause cancer, there are weapons of mass destruction in Iraq, I did not have sex with that woman. Tazers don't kill people, free press kills people.


danya
said

What a tragedy,it's so sad that he died that way.sad,sad,sad.


lagbolt
said

Excited Delirium?! A made up term by the RCMP after that Polish fellow died in Vancouver. What a load!


bundy
said

I am totally amazed at those decrying what the Judge has said here. She has simply stated that made up causes (that have not been accepted by the established medical community) cannot be used as a cause of death. Would these same people like to be convicted of murder because a medical examiner states that the cause of death of an individual was from a "bad look" that you gave them? I realize this is a great exaggeration, but it is no more ludicrous than the Excited Delirium. Thank God this judge exercised her discretionary power. These so-called experts need to learn to stay within the bounds of their profession, and not make things up. If you or I tried this on the witness stand we we be held in contempt for perjury!


Shameful Law and Disorder
said

There is a huge difference between members of society with mental illnesses, and bad members of society. It's time the police and guards realize this. Shame on them. Even most Judges.They have painted them all with the same brush for far to long!


Gregoryd
said

I have to laugh at the comments about the judge overstepping her ability to come to a conclusion. This idea that you have to be a medical proffesional to make an informed conclusion is silly. It is just like you can not find a cop used excessive force because you are not a cop. The cause of death is not even in the medical literature so why are these so-called medical proffesionals using it. It is an excuse diagnose so the cops are not held accountalbe for their actions once again. I am not sure but wonder if police killed more people with tasers than their guns in the recent past. It seems it happens frequently lately. We are a country of laws and our judges enforce those laws so they have every right to come to a conclusion. After all they heard all the testimony from these so called experts.


mr.moncton
said

how come good posts go unnoticed?just wanted to thank loki for his insights i like when someone points out the obvious......" cannot help noticing that the term "excited delirium" is only cited in instances of fatalities caused while being tasered or choked to death by police. Does this condition never occur in the absence of police, and is it always fatal? "haha god...made my day all over again...thanks


Critical Thinking
said

From another CTV article concerning this inquiry:"Dr. Joseph Noone, an expert on the clinical aspects of violent behaviour, said excited delirium is a term favoured by law enforcement officials and coroners even though it is not accepted as a medical or psychiatric diagnosis."I'm not a fan of excited delirium," he testified. "It's a controversial term used strongly in certain areas. ... There's a real concern that the term could be misused. ... It's very unsatisfactory from a psychiatry point of view." "Dr. Noone has far more authority on medical matters than a medical examiner - for all those blaming the judge - excited delirium is a bogus diagnosis that, as others have said, does not appear in the DSM.


John Q Public
said

Try and find Excited Delirium in the DSM - please, go ahead. It does not exist, it is not a legitimate medical condition.It has been invented by Taser Co. scientists so that they can blame heart arrhythmias that lead to death, caused by the sudden application of so much electricity into the human heart - itself powered by electricity - that the person dies.The medical examiner should be ashamed - the whole practice of calling Taser-caused deaths Excited Delirium needs to be stopped. Where is the oversight?


Michael
said

I see by various comments that Taser's PR company is all over this forum.There is no such thing as "excited delirium". It does not appear in any medical textbook because it simply does not exist.

Tazer UP
said

He's mentally ill! Quick, give me a criminal code paragraph to apply! excited delirium? how about electrical delirium? The police charged him with assault. How archiac that we use "criminal" law to address mental health? When someone shows up at a hospital why don't we charge them with having bacteria at large? If we can come up with a law, then we can control everything!


10-78
said

Can a medical examiner now overrule a Judge's legal decision? This Judge has far over stepped her bounds and depreciated the value of Future Medical Examiner's opinions. Once again we have a judge acting beyond their scope with no recourse or supervision.


David in Dartmouth
said

I agree, while she may be an accomplished lawyer/Judge, she is by no means an experienced pathologist. All she managed to do here is open the door to yet another lawsuit against the very Province who employs her. Social Workers and Psycologists have been given far, far too much weight by the Courts, with their ever changing standards of excuse making for misbehavior....I would like to know when is it, that society will be protected from someone taking it in their heads that they can assault and kill you or your loved one, without out fear of any meaningful accountability or consequences, one of these Social Workers will find some excuse justifying what they did....I feel that us innocent law abiding citizens are just here for the picking..no protection...not from anyone!


Jenn
said

Without appropriate medical evidence, how was she able to conclude what the cause of death was? How did she come to the conclusion that the scuffle with jail guards was the cause of death? Where is the evidence? This ruling should probably be reviewed.


rob
said

Good on the Judge for not bending to this "junk-science" medical finding.Souinds like the cops and the medical examiner are in cahoots with eachother, and this Judge is not going to buy some non-scientific hoopla about how this guy died. Glas to see there is still someone fighting for the truth, and not fighting to hide the real reason.


JD
said

This screams Excited Delirium! Wake up!! Arrogance...I really hope that the Judge's decision is appealed in this case.


Born and Bred Edmontonian
said

What should be noted is that the judge doesn't blame the taser or excited delirium for th mans death. It would make more sense if the man died shortly after being tasered. Unfortunately, he died after being tasered and then treated in a hospital.This isn't really groundbreaking as the anti-taser community hopes it to be.


Loki
said

I cannot help noticing that the term "excited delirium" is only cited in instances of fatalities caused while being tasered or choked to death by police. Does this condition never occur in the absence of police, and is it always fatal? How would one tell the difference between someone who believes they are fighting for their life and someone experiencing "excited delirium? Is there perhaps a technique that the public could learn for staying calm while being tasered and or choked to death? To even use a term such as "excited delirium" brings ones ability to reason into question.


Robin
said

Well let's not forget them most important part here. Someone DIED. Who is to say which one is right in their opinion, are we medical personnell or a judge. Why doesn,t the province hire a person who is capable of making the right decision who is not baised and is from out of the area. Indepentent and impractical . Also where the police really trained to deal with a person with his magnatude of problems. If we are going to work something out lets do it right before this could happen to 1 of our loved one's.


Martin D
said

I am surprised to find that medical degrees are part of the law school curriculum. Now we no longer require medical examiners, autopsies,etc. Have a medical problem don't go to the hospital, go to the local court house. That is where the experts are. What a dangerous joke these judges are becoming.


J.D.
said

For those criticizing the judge, lawyers and system, she discarded the ruling because its a debatable cause of death that is not widely accepted, not because she believes herself to know better. Accepting a dubious, or unproven Cause of Death would inevitably lead to some kind of appeal, she was simply realizing that and speeding up the process.Read the story and examine the facts before you hit the submit button.


Ephra
said

The (lady) judge is drawing an appropriate conclusion based on a complete examination of the facts. "excited delerium" is not universally accepted by the medical experts. It's a controversial label or assessment. Judge Derrick found that the cause was the more immediate altercations with the personnel in the jail, not his overall psychiatric condition, and notably, also not the tasering. She was neither being for or against the police actions up to the point of those final altercations, which in her judgement after months of professional study of the facts, turned out to be the cause of his death.


RJ in Halifax
said

Will it now be acceptable for medical examiners to state that judges' rulings are wrong and provide their own reasons for death? Was Judge Derrick's findings based on contradictory testimony from other medical examers or was she just applying her own personal beliefs?


Jesse
said

Didn't you know judges and lawyers are God.


Drake
said

Amazing that a day or two of testimony trumps weeks of medical evaluation and years of training.Lets start electing judges and perhaps we will regain control of our laws.


island girl
said

What does it matter now, anyway?


Roger
said

Nice to see that the judge thinks she's smarter than the medical examiner. Should have saved the tax payers money and announced her conclusion to begin with.


Ian Ottawa
said

So the Judge thinks himself a Medical Specialist now. The arrogance of the Lawyers never ceases to amaze me.


Share with your social Network:

Facebook DIGG Newsvine Delicious Twitter StumbeUpon Reddit Yahoo! Buzz

 

Advertisement

Contest

Today's Top Stories

Former Liberian President Charles Taylor waits for the start of his sentencing judgement in the courtroom of the Special Court for Sierra Leone in Leidschendam, near The Hague, Netherlands, Wednesday May 30, 2012.  (AP / Toussaint Kluiters)

Charles Taylor gets 50 years for 'brutal' crimes

More   2 Comments 2    1 Video(s) 1

A police officer removes a package containing a human foot from the Conservative Party headquarters in Ottawa on Tuesday, May 29, 2012. (Sean Kilpatrick / THE CANADIAN PRESS)

Police probe body parts in Ottawa, torso in Montreal

More    Comments    3 Video(s) 3

Supporters of WikiLeaks founder Julian Assange, hold placards and banners bearing images of him before the verdict was given in his extradition case at the Supreme Court in London, Wednesday, May 30, 2012. (AP / Matt Dunham)

Britain's top court backs extradition of WikiLeaks chief

More   4 Comments 4    2 Video(s) 2