Lewisham man who died after being restrained by police was heard saying “I can’t breathe”

An investigation has been reopened into the death of a Lewisham man who was heard saying “I can’t breathe” after being restrained by police.

Kevin Clarke, 35, pictured, who suffered from schizophrenia with paranoia, was having a mental health crisis on March 9, 2018 when he was restrained by up to nine Met Police officers.

Mr Clarke was sent to hospital, but was later pronounced dead.

The Independent Office for Police Conduct (IOPC) has reopened its investigation into the circumstances surrounding his death after considering findings from an inquest which concluded late last year.

The inquest, last October, heard that police had found Mr Clarke lying on the ground in the Polsted Road area of Catford.

He tried to get to his knees before handcuffs and leg restraints were applied.

He was made to walk to an ambulance, still bound at the knees while barely conscious.

Mr Clarke’s comment that he was struggling to breathe was caught on police body-worn cameras.

A statement released by the IOPC read: “We concluded our investigation 12 months later and shared our findings with Mr Clarke’s family, the MPS and HM Coroner.

“Issues raised during Mr Clarke’s inquest in October 2020 prompted us to review our investigation.

“Firstly, the audible recordings captured on police body worn footage in which Mr Clarke can be heard saying ‘I can’t breathe’.

“Our review indicated that this was not explored with the police officers during their interviews with the IOPC.

“Secondly, the findings of the pathologist, which as a result of new information presented to them during the inquest, changed from their original conclusion.

“The inquest jury delivered a narrative conclusion that Mr Clarke died as a result of acute behavioural disturbance, in a relapse of schizophrenia, leading to exhaustion and cardiac arrest.

“The restraint used by officers, which caused Mr Clarke to struggle, was cited as one of several contributing factors.

“We have informed Mr Clarke’s family, the officers involved and the Metropolitan Police Service of this decision.”

Following legislative changes introduced in February 2020, the IOPC can reinvestigate a matter where there are compelling reasons to do so.

The Met has said the officers involved have been told and will “fully co-operate”.

Deputy Assistant Commissioner Bas Javid of the Metropolitan Police said: “Mr Clarke’s death was a tragedy and, as a police service, we have acknowledged our failings and apologised.

“Our thoughts and sympathies remain with Mr Clarke’s family and friends.

“The Metropolitan Police Service is a learning organisation and we always strive to learn and improve.

“We continually review our policies in line with national guidance around restraint as well as how we assist those in mental health crisis and are working with colleagues nationally to consider our training and guidance to officers in dealing with these kinds of fast paced and challenging incidents.

“It would be wrong to pre-empt the outcome of the IOPC investigation but if it recommends further ways in which we can improve our service these will be considered, in addition to any misconduct matters that may arise.”