Durham police officer acquitted in 2019 death of man in custody
A Durham police officer has been acquitted in the death of a man in police custody in 2019.
On March 19, Ontario Superior Court Justice Justice Hugh O'Connell ruled that David Swaine of the Durham Regional Police Service was not guilty of failing to provide the necessities of life to Damon Webb.
Webb, 32 at the time, died while in custody in Oshawa in November 2019.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
He was arrested at around noon on Nov. 5, 2019, in the area of Simcoe Street and Highway 401, after Durham police responded to reports of an altercation between two individuals.
Webb was taken to hospital to be assessed and then transported to a police station, where he was detained.
According to Ontario's Special Investigation Unit, an arm's length agency that investigates reports involving police where there has been death, Webb was found in medical distress in his cell at about 11 p.m. that evening.
Efforts to revive him were unsuccessful, and he was pronounced dead at the scene.
In 2021, following an investigation by the SIU, Swaine was charged with one count of failing to provide the necessities of life.
On Tuesday, Justice O'Connell told the court he could not, beyond a reasonable doubt, find Swaine had committed the offence he was charged with and handed the officer an acquittal, with a full decision to be released at a later date.
When reached for comment, Durham Regional Police Service told CTV News Toronto it was aware of Justice's O'Connell decision.
"We understand this has been a long and challenging process that has had an emotional toll on so many," spokesperson Joanne Bortoluss said. "As this case is still subject to a potential appeal and under investigation by the OIPRD, we will not be commenting any further at this time."
Swaine is scheduled to appear in court on April 10, when Justice O'Connell's full reasoning is expected to be read into the record.
CTVNews.ca Top Stories
Here's where Canadians are living abroad: report
A recent report sheds light on Canadians living abroad--estimated at around four million people in 2016—and the public policies that impact them.
What is a 'halal mortgage'? Does it make housing more accessible?
The 2024 federal budget announced on April 16 included plans to introduce “halal mortgages” as a way to increase access to home ownership.
'We are declaring our readiness': No decision made yet as Poland declares it's ready to host nuclear weapons
Polish President Andrzej Duda says while no decision has been made around whether Poland will host nuclear weapons as part of an expansion of the NATO alliance’s nuclear sharing program, his country is willing and prepared to do so.
Deadly six-vehicle crash on Highway 400 sparked by road rage incident
One person was killed in a six-vehicle crash on Highway 400 in Innisfil Friday evening.
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
Harvey Weinstein hospitalized after return to New York from upstate prison
Harvey Weinstein’s lawyer said Saturday that the onetime movie mogul has been hospitalized for a battery of tests after his return to New York City following an appeals court ruling nullifying his 2020 rape conviction.
Opinion I just don't get Taylor Swift
It's one thing to say you like Taylor Swift and her music, but don't blame CNN's AJ Willingham's when she says she just 'doesn't get' the global phenomenon.
Central Alberta queer groups react to request from Red Deer-South to reinstate Jennifer Johnson to UCP caucus
A number of LGBQT+2s groups in Central Alberta are pushing back against a request from the Red Deer South UCP constituency to reinstate MLA Jennifer Johnson into the UCP caucus.
Mookie Betts leads Dodgers past Blue Jays 4-2; Toronto drops fifth consecutive game
Mookie Betts went 3 for 5, including a triple and an RBI single, as the Los Angeles Dodgers beat the Toronto Blue Jays 4-2 on Saturday.