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
'The world is too messy for bureaucratic hurdles': Canada still bars Afghanistan aid
Ottawa has plans to finally stop blocking Canadian development aid to Afghanistan this year.
Student anti-war protesters dig in as faculties condemn university leadership over calling police
Students protesting the Israel-Hamas war at at universities across U.S., some of whom have clashed with police in riot gear, dug in Saturday and vowed to keep their demonstrations going, while several school faculties condemned university presidents who have called in law enforcement to remove protesters.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Cisco reveals security breach, warns of state-sponsored spy campaign
State-sponsored actors targeted security devices used by governments around the world, according to technology firm Cisco Systems, which said the network devices are coveted intrusion points by spies.
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 'oesn't get' the global phenomenom.
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.