Family seeks homicide verdict from inquest into 2014 death of man in Thunder Bay police custody

The family of a 25-year-old man who died in Thunder Bay, Ont. nine years ago is seeking a homicide ruling as a coroner's inquest is expected to wrap up this week.

Emmanuel Oruitemeka was in police custody when he collapsed on Feb. 12, 2014. He died in hospital four days later.

The inquest, which began July 4, was first postponed at the end of 2019 "to properly address evidence in the best interest of the inquest." It is being held via video conference.

Rick Frank, the lawyer representing Oruitemeka's family, shared a statement from Emmanuel's brother, David Oruitemeka, with CBC News.

"I am deeply grateful for the time I was able to spend with my brother, Emmanuel," he said. "Not only was he my big brother, but he was also my best friend. His passing has left a void in all our lives that can never truly be filled.

"Emmanuel exemplified exceptional qualities as a devoted son, caring brother and loving uncle. His influence and accomplishments during his brief time in this world have earned him the enduring admiration of many, who perceive him as a revered figure." 

Witness testimony has revealed Oruitemeka's cause of death was determined to be anoxic ischemic brain injury due to cardiovascular collapse, caused by cocaine ingestion.

Inquest jurors must answer questions about when, where, how and by what means Oruitemeka died — either from natural causes, or by accident, suicide or homicide. Cause of death could also be deemed as "undetermined."

"That's not the same as the criminal standard of homicide, but [a homicide finding] is to say that it was the police's deliberate action that led to Mr. Oruitemeka's death," said Frank. 

Jurors have heard testimony that Oruitemeka was immobile when he arrived at the police station. They also viewed video footage of the more than 10 minutes that passed between his arrival at the station and when an ambulance was called, and have heard police officers thought he was faking being in medical distress.

"The family hopes that this inquest allows for a proper interrogation of the reasons underlying the errors that occurred, and just to make sure it doesn't happen again," said Frank, who is based in Toronto at Sherif Foda Law Professional Corporation.

The jury, described by the inquest constable in an email to CBC News as "racial[ly] and culturally diverse," consists of two men and three women.

The inquest has largely focused on the events between Feb. 12, 2014, when Oruitemeka was taken into custody by the Thunder Bay Police Service (TBPS), and Feb. 16, 2014, when he died in hospital.

Dr. Bob Reddoch is presiding over the inquest, which is expected to hear from a total of 14 witnesses. Of the eight witnesses representing the police service, six have retired since Oruitemeka's death. Julian Roy and Uko Abara are the inquest counsel.