Three police officers could be sacked over death of mentally-ill black man, 35, who died after saying ‘I can’t breathe’ as he was handcuffed while being arrested

• The IOPC determined the police officers would not be subject to prosecution
• Kevin Clarke, 35, died in 2018 after being restrained by nine officers in Catford 

Three police officers could face the sack over the death of a mentally-ill black man who died after saying ‘I can’t breathe’ while being restrained by nine police officers. 

Kevin Clarke, 35, a relapsing paranoid schizophrenic, died at Lewisham Hospital in 2018 following the incident in Catford, south-east London.

Two of the Met officers will face a gross misconduct hearing, while a third officer, attached to the South East Basic Command Unit, will face a gross incompetence hearing into alleged failures in supervision on the day Mr Clarke died.

However, the independent police watchdog determined that the officers would not be subject to prosecution.

An inquest at Southwark Coroner’s Court in 2020 heard Mr Clarke told officers ‘I’m going to die’ and ‘I can’t breathe’ as he was put into two sets of handcuffs – linked together due to his size – along with leg restraints.

Relapsing paranoid schizophrenic Kevin Clarke, 35, died after saying ‘I can’t breathe’ while being restrained by nine police officers in 2018

The inquest concluded that the decision to use restraints on Mr Clarke was ‘inappropriate’, leading to a probe by the police watchdog and reopen an investigation into his death.

The Independent Office for Police Conduct (IOPC) said: ‘We determined that two police constables should face gross misconduct hearings for alleged breaches of the police standards of professional behaviour relating to duties and responsibilities for failing to provide an appropriate level of care to Mr Clarke, and for honesty and integrity.

‘We also determined that a police sergeant should be subject to gross incompetence proceedings for failing to adequately supervise the situation.’

A narrative conclusion from the inquest jury had said Mr Clarke died as a result of acute behavioural disturbance, in a relapse of schizophrenia, leading to exhaustion and cardiac arrest.

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

The police watchdog’s director Steve Noonan added: ‘It is now for the Metropolitan Police Service to organise proceedings for the three officers.’

It decided not to send a file of evidence for the Crown Prosecution Service (CPS) to consider criminal charges.

Another police constable will have to discuss their actions taken while Mr Clarke was being walked to an ambulance, without the threat of discipline.

Kevin Clarke, 35, a relapsing paranoid schizophrenic, died at Lewisham Hospital in 2018 following the incident in Catford, south-east London

Enquiries by the IOPC concluded that the officers should be subject to misconduct proceedings due to alleged inaccuracies in evidence, and in respect of alleged failings regarding their duty of care to him on the day he died.

The Met agreed with the recommendations and will make arrangements to hold the hearing as soon as possible.

The officers – attached to the Central West and South East command units – will face allegations that they breached the standards of Professional Behaviour with regard to Duties and Responsibilities and Honesty and Integrity.

Following this development, two of the officers have been placed on restricted duties. 

And an officer now attached to Met Operations will undergo a Reflective Practice Review Process.

The IOPC found that the remaining five officers have no case to answer.

The nine officers involved were attached to the South East Basic Command Unit at the time of the incident.

The IOPC has updated Mr Clarke’s family on this development.

Detective Chief Superintendent Trevor Lawry, local policing commander for south-east London, said: ‘Throughout this process our thoughts and sympathies have been with Mr Clarke’s family. 

‘Following the conclusion of the inquest we acknowledged our failings as a police service and apologised to Mr Clark’s family. I want to reiterate that apology today.

‘I know this update will have a significant impact not only on the family but also the wider community, and want to offer my reassurance that we will look to bring these matters to a conclusion as soon as possible.

‘It’s important we don’t pre-judge the outcome of proceedings in any way, but our communities rightly expect police officers to be subject to thorough scrutiny for the actions they take.

‘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.’

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