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Edmonton police members acted lawfully after man dies in police custody: ASIRT

ASIRT has cleared Edmonton Police members of any wrong-doing after a man died in police custody in Dec. 2015. Global News

The Alberta Serious Incident Response Team (ASIRT) has cleared Edmonton Police Service officers of any wrongdoing after a man died in police custody in December 2015.

The police watchdog wrapped up its investigation into the death of a man who went into medical distress within two minutes and 55 seconds of being fully restrained.

ASIRT did not identify the man but a fatality inquiry into 49-year-old Marcel Henry Moisan’s death will take place. He died in hospital, two days short of his 50th birthday after an incident where a conductive energy weapon or Taser was used.

49-year old Marcel Henry Moisan died after going into medical distress while in police custody. Credit: Evergreen Memorial

Officers were called to Moisan’s home at 58 Street and 120 Avenue in Edmonton, just before midnight on Dec. 7, 2015. They had received calls, including one from Moisan himself, about erratic behaviour at the home.

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Three police units arrived at the home where they found a man armed with a large kitchen knife.

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“The man’s movements were described as frantic and aggressive,” ASIRT director Susan Hughson said in a news conference on Monday.”He appeared agitated, distraught and confused.”

ASIRT said Moisan was told several times to calm down and drop the knife.

“His movements were described as abrupt and sharp, as if he wasn’t in control of himself,” Hughson said.

Officers forced their way into the home and found a teenager curled up on the kitchen floor.

The man continued to brandish the knife, aggressively at times towards himself, the teenager and officers. ASIRT said at times it appeared the man might be preparing to lunge at police.

“Officers believed the child to be at immediate risk,” Hughson said, adding the teen told police the man had taken a bunch of medication and asked them not to hurt him.

Police discharged a Taser. The man was then handcuffed and within minutes, he went into medical distress. Officials said handcuffs and other restraints were removed and police started CPR. EMS had been nearby and immediately attended the scene.

An autopsy revealed Moisan died of excited delirium syndrome caused by methamphetamine toxicity, and the use of the Taser did not contribute to his death.

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“In this case, all of the officers were lawfully placed and acting in the execution of their duties,” ASIRT said. “Indeed, the resort to less than lethal force should be commended.”

“This finding in no way diminishes the tragedy of the event,” Hughson said while extending condolences to the family and friends of Moisan.

Moisan was known to police. Officers attended a call in October 2015 at a casino, where he was arrested under the Mental Health Act. He was charged after a police officer and a paramedic were assaulted.

A fatality inquiry into his death has not yet been scheduled.

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