Inquest jury determines Derek Whalen's death in custody accidental

Derek James Whalen's death was an accident, an inquest jury decided Thursday.

Whalen, 37, was pronounced dead the night of May 3, 2020, at the Moncton Hospital while in custody of the Southeast Regional Correctional Centre.

The jury did not elaborate on theirdecision to classify the death as accidental. But before deliberationsbegan, Michael Johnston, acting chief deputy coroner, said an accidental death is the result of poisoning or injury where there is no evidence of an intent to cause harm or death.

Earlier in the week the inquest heard Whalen's cause of death could not be determined by an autopsy.

After deliberating four hours, the jury made 21 recommendations and agreed with another 20 submitted by a use-of-force expert and an emergency medicine expert. There is some overlap between the jurors recommendations and those created by RCMP Sgt. Kelly Keith and Dr. James French.

Manyof the recommendations centre around excited delirium,a state of confusion that can be brought on by stimulant drugs and cause violence toward objects and people. Sgt. Garlene Somerton, acorrectional officer, testified on Monday that she believes Whalen was exhibiting signs of excited delirium, something she was trained to identify after Whalen's death.

The recommendations also include contacting emergency services immediately if someone is exhibiting signs of excited delirium. In Whalen's case, 911 wasn't called until he was unresponsive, which was more than an hour after correctional officers said he became irrationally violent.

Nurses within the correctional facility should be granted the ability to administer chemical sedatives, the jury said. Physical restraint followed by a chemical sedative is the safest way to deal with an aggressive person showing signs of excited delirium, according to a use-of-force expert, RCMP Sgt. Kelly Keith, who testified this week.

Physician should be available 24/7

Medical personnel should attend correctional facility-specific training with officers on things such as excited delirium and use-of-force.

Kelly-Jo Bell, a nurse at the facility, testified that Whalen said he couldn't breathe but she observed his breathing to be normal. The juryrecommended that if someone says they can't breathe, and their complaint is not rectified by repositioning officers or the person, it should be treated as a medical emergency and 911 should be called.

Bell also testified that the detention centrehas a physician they cancontact, butsometimes it takes hours to get a responsebecause that person isnot an emergency on-call physician. It was recommended the facility make use of rapid online medical support and an emergency on-call physician should be available 24 hours a day.

The jury also recommended social workers, mental health personnel and addiction services should be available to inmates and staff.

Speaking to reporters after the inquest, Whalen's mother, Karen Whalen, said she respects the jury's decision and recommendations.

Son was 'loving and respectful'

Karen Whalen was the last witness to testify before an inquest jury began deliberations.

She told the coroner and jury that her last few weeks with her sonwere filled with love.

Because of COVID-19 restrictions in the spring of 2020, she saidher sonhad been at home for five weeks before being arrested on weapons charges.

She acknowledged that Whalenhad a drug addiction, but said she wanted everyone to know the type of person he was.

"Derek was deeply loved, and loved and cared for by his family, and he had many good friends. He was a very loving and respectful son," shesaid.

She said her sonwas calm and happy during those weeks.

"It's heartbreaking to know that in his final hours he suffered so much, he would've been so afraid, so helpless," she said.

She said the inquest has been a long time coming, and she and her husband appreciate all the information they've received because of it.

She hopes it will bring meaningful change, "so no one else, no other family, has to go through all this pain," she said.

Family alleges excessive use of force

Earlier this year, Whalen's parents and his estate filed a lawsuit against the province alleging that Whalen was violently restrained and struck multiple times by correctional officersin an attempt to make him admit he had illegal drugs in his possession.

The lawsuit claimsthe officers failed to call for aid or administer CPR after Whalen stopped breathing.

The province denies allegations that Whalen was assaulted by officers and wasn't given medical attention.

Karen Whalen said she had no comment on the civil case after the inquest concluded.