Three Metropolitan Police officers are facing misconduct proceedings over the death of a man heard saying “I can’t breathe” as he was restrained shortly before he died.
Kevin Clarke was restrained by up to nine police officers during an incident in Lewisham on March 9, 2018, and died in hospital later the same day.
An inquest found the 35-year-old, who had been diagnosed with paranoid schizophrenia in 2002, died from acute behavioural disturbance, in a relapse of his mental illness, leading to exhaustion and cardiac arrest.
The restraint used by police officers, causing Mr Clarke to struggle, was cited in the inquest findings as one of several contributing factors.
The Independent Office for Police Conduct (IOPC) conducted an original year-long investigation which led to no further action being taken.
It reopened the case following the October 2020 inquest, and announced on Thursday that three unnamed Met officers are now facing disciplinary proceedings.
“Following the conclusion of our reinvestigation in May 2023, 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”, the IOPC said, in a statement.
“We also determined that a police sergeant should be subject to gross incompetence proceedings for failing to adequately supervise the situation.”
IOPC director Steve Noonan said: “Our thoughts remain with the family and friends of Kevin Clarke and all those affected by this incident.
“We have determined that two officers have cases to answer for gross misconduct. We also determined that a third officer should attend gross incompetence proceedings.
“It is now for the MPS to organise proceedings for the three officers.”
A fourth police officer, a PC, is also due to receive a “reflective practice review” over their actions when Mr Clarke was being walked to an ambulance.
The IOPC also added that no criminal charges are being brought against police officers over the death.
The IOPC has previously admitted that its original investigation into the officers did not explore the “I can’t breathe” comment.
“It defies belief that a black man can die at the hands of the police with audio recordings saying he cannot breathe and the IOPC fail to interrogate this with police officers”, said Deborah Coles, the director of the charity Inquest.
Mr Clarke’s detention came after concerned reports by staff at the residential support service the Jigsaw Project, about his deteriorating mental health.
In its findings, the inquest jury said: “It is highly likely that at least one officer heard Mr Clarke say ‘I can’t breathe,’ on one of the occasions he repeated it. Despite this, no action was taken other than one officer saying: ‘You’ve got to breathe, you’ve got to breathe, breathe, deep breaths.’”
On Thursday, Scotland Yard said it agreed with the IOPC findings and misconduct hearings will now be organised.
Two officers from the Central West and South East command units face allegations of breaching the standards of professional behaviour with regard to duties and responsibilities and honesty and Integrity. Both have now been placed on restricted duties.
The third officer, from the South East Basic Command Unit, faces a gross incompetence hearing into alleged failures in supervision on the day Mr Clarke died.
“Throughout this process our thoughts and sympathies have been with Mr Clarke’s family”, said Detective Chief Superintendent Trevor Lawry, local policing commander for south-east London.
“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.”
