Case closed for HMP guards accused of killing inmate, as Crown calls it quits

The nine St. John's prison guards embroiled in a jailhouse death case and accused of killing an inmate under their care can now breathe freely for the first time in more than two years.

Sources told CBC News on Wednesday that prosecutors won't be pursuing a direct indictment against the correctional officers charged with thedeath of Jonathan Henoche, who died in Her Majesty's Penitentiary while awaiting his murder trial.

In November 2019, Henoche was involved in a tussle with those guards, who covered Henoche in a spit hood and shackled his arms and legs to restrain him.

The accused correctional officersnoticed he was unresponsive shortly after he was left in a segregation cell.

Three of the nine guards were charged with manslaughter after a yearlong investigation into the inmate's death by the Royal Newfoundland Constabulary. The remaining correctional officers were accused of negligence causing death.

A provincialcourt judge dismissed the vast majority of those charges in December, following a preliminary inquiry.

Medical report shores up defence

However, prosecutorsstill had the option of filing a direct indictment: in other words, bringing the case directly to a Supreme Court justice and lobbying for a trialto go ahead, despite the outcome of the inquiry.

But an expert report reviewed by CBC News has now eliminated all possibility of a trial.

Ontario's chief forensic pathologist, in an opinion submitted to the Crown, said he couldn't conclude Henoche's death was influenced by the possibility of guards cutting off his air supplywhile he lay on his stomach on the floor of a cell.

Instead,pathologist Michael Pollanen suggested Henoche's cause of death was due to his struggles while restrained, which exacerbated an underlying heart issue,and was not related to the alleged excessiveuse of force or negligence from the correctional officers handling him.

Prosecutors said Wednesday they would not proceed with a direct indictment, effectively clearing the nine guards of criminal wrongdoing.

It's unclear whether prosecutors will pursue an outstanding charge against supervisor Jeff Thistle for failing to provide the necessaries of life.

In an emailed statement Thursday,director of public prosecutionsLloyd Stricklandsaid the Crown would not pursue any further criminal proceedings, citing a review of Judge Pamela Goulding'sdecision in December and the evidence available to the Crown.

"The evidence includes a second medical opinion indicating that Mr. Henoche may have died from a pre-existing medical condition that cannot be linked to any actions of the correctional officers," Strickland wrote.

"With divergent opinions from duly qualified medical experts on a significant element of criminal liability, the Crown attorneys are compelled to conclude that there is no likelihood that any of the previously charged individuals would be convicted. Further, the Crown attorneys conclude that the available evidence fails to demonstrate that correctional officers markedly departed from the standard of care expected."

Charges waived last month

In December, Gouldinginformedthe provincial court that she found all correctional officers had acted calmly and professionally the night Henoche died, and handed down harsh criticism of the integrity of the Crown's case against them.

Goulding referred frequently to video evidence that showed Henocheattacking a guard, prompting the altercation.

The guards then restrained Henoche, who resisted, and tookhim to a segregation cell to place him in leg irons.

That involved one of the guards placing his knee on Henoche's tailbone. All officers left the cell once Henoche was shackled and monitored him by video.

He remained alone for under four minutes until guards noticed he required medical attention and attempted to resuscitatehim.

Goulding called the case "most unfortunate," adding she was left without any evidence of assault, negligence or any unlawful act, before dismissing the charges.

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