Shediac jail officers tell inquest about day of inmate's death

Acorrectional officer testifyingat theinquest into the death of a Shediacjail inmate said she would have responded differently at the scenehad she known what she later learned in use-of-force training.

Derek James Whalen, 37,was pronounced dead at the Moncton Hospital on May 3, 2020, while in the custody of the Southeast Regional Correctional Centre. An inquest into his death began in Saint John on Monday.

Sgt. Garlene Somertontestified that when she arrived to help subdue Whalenafter officerssaid he was acting violently, she believed his actions were based in anger.

Since then, however,Somerton has become a certified use-of-force training instructor.

In her training, she said she learned about excited delirium,a state of confusionthat can be brought onby stimulant drugs and causeviolence toward objects and people.

During the struggle, Somerton said she found a folded paper with a substance on it she now believes wascrystal meth.

Though she's not a medical expert, she said she suspectsWhalenwasexhibiting signs of excited delirium.

"If I was faced with the same circumstance again, I probably would have called 911 right away," Somerton said.

Instead, an ambulance was not called until Whalen was visibly unresponsive.

Correctional officers shared series of events

Whalen was being held in the jail on remand for weapons charges.

The coroner and jury heard today that his admission into the jail that day was normal.

Don Schnerch was the correctional officer who conducted a strip search on Whalen that day. He testified the search found nothing.

"He was great to deal with," Schnerch said.

Kim Thomas, thenurse who completed Whalen's medical assessment, also testified.

"When I got done that, I remember thinking he was a nice guy," she said.

Whalen was in good spirits until he arrived at theroom where he would be provided with a phone to make a call he requested, according to Martin Daigle, the correctionalofficer who escorted him there.

"All of a sudden he was a changed man," Daigle said. He said Whalen began smashing things with a wooden table.

The jurywas shown surveillance videofrom the hallway outside the room.Whalen could be briefly seen through a window in the doorholding something wooden.

It is protocol that officers also respond to incidents with their own camcorders. On this occasion, the cameras weren't working because they were new and needed memory cards, Somerton said.

Daigle and a partner tackled Whalen to the ground, which was shown on surveillance footage. In the video, more officers can be seen arrivingto help holdWhalen down.

Whalen was then shackled at his wrists and ankles and transported to a separate cell, where he became unresponsive and paramedics were called, Somerton said.

RCMP previously investigated the death

Prior to the inquest, the Department of Justice and Public Safety, whichoversees the correctional centre, hadshared little information regarding how Whalen diedexcept to sayit happened"following an incident."

The RCMP Major Crimes unit investigated the death for criminality in 2020.

"The investigation learned the individual was combative, and had been restrained before his death," RCMP spokesperson Cpl. Hans Ouellette told CBC News last year.

"A review found that policy was followed and the force used was not unreasonable. The investigation was concluded."

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.

According to its statement of defence, Whalen told an attending sergeant he'd ingested what was believed to be amphetamines. Whalen was moved from his cell to another room to make a phone call. Once in the room, the province said Whalen verbally assaulted officers, spit at them and used a table to destroy objects in the room, which required officers to subdue him.

Whalen was taken to another cell where his wrist restraints were removed and officers determined aid was required.

The province alleged Whalen died due to his own actions, including ingesting illegal drugs. Court records did not include a cause of death. The lawsuit is ongoing.

The inquest will allow for a five-person jury and Michael Johnston, acting chief coroner, to determine the facts around Whalen's death after hearing from witnesses and other evidence. The inquest will make no finding of legal responsibility, but the jury will be able to make recommendations to help prevent similar deaths in the future.

The inquest continues Tuesday and will rununtil the end of the week.