Judge raps negligent London cop's 'wanton, reckless disregard' in custody death
A London police officer convicted in the 2016 custody death of an Indigenous woman high on crystal meth showed “wanton and reckless disregard” for her life, a judge says.
Superior Court Justice Renee Pomerance found Const. Nicholas Doering guilty Friday of criminal negligence causing death and failing to provide the necessaries of life in the Sept. 7, 2016, death of Debra Chrisjohn.
Stereotypes and assumptions about drug addicts played a role in the Oneida of the Thames First Nation woman’s death, Pomerance said in her ruling, noting Doering’s opinions formed the lens through which he perceived events leading up to Chrisjohn’s death.
“He viewed everything, including signs of medical distress, as nothing more than the stereotypical conduct of a drug user. If Ms. Chrisjohn was aggressive, it was because she was high on methamphetamine. If she was silent and apparently non-compliant, it was because she was high on methamphetamine,” Pomerance said.
“In short, Const. Doering had preconceived notions about drug users and he held fast to those notions when dealing with Ms. Chrisjohn. Rather than moulding his theory to fit the facts, he seems to have moulded the facts to fit his theory.”
Doering had arrested Chrisjohn, 39, after she was found trying to get into vehicles near Highbury Avenue and Trafalgar Street while high on crystal meth. Three paramedics arrived, but none assessed Chrisjohn, court heard.
London police had arrested the mother of 11 the previous day – when she was also under the influence of crystal meth – but left her at hospital after provincial police, who had an outstanding warrant for her arrest, declined to pick her up until she was cleared medically, court heard.
After the second arrest, Doering drove Chrisjohn to a south-end Tim Hortons and turned her over to two Elgin OPP officers, falsely telling them she’d been in the same unresponsive state since he picked her up, but had been medically cleared.
Doering testified he couldn’t remember if he’d spoken to Chrisjohn during the trip to the coffee shop, saw her slide down the seat three times and stopped at one point to make sure she hadn’t slipped out of her handcuffs.
“Const. Doering was focused on getting Ms. Chrisjohn to the OPP and on making sure that her detention remained secure. It seems that he was far less concerned, if he was concerned at all, with her medical condition,” Pomerance said.
Soon after the handover, St. Thomas paramedics were called to the Elgin OPP detachment for a possible overdose. Two paramedics arrived and were directed to a cell where a motionless Chrisjohn was lying on her side on the floor, breathing irregularly, court heard.
After determining she was at risk of cardiac arrest, they took Chrisjohn to hospital, where she died. A post-mortem found the cause of death was cardiac arrest connected to crystal meth use, the court heard.
Pomerance said police officers have a challenging job and often have to make split-second decisions, but this wasn’t true in Doering’s case.
“Calling for medical assistance would have, at worst, delayed the transfer to the OPP . . . There were no operational contingencies that counterbalanced or displaced the duty to seek medical attention,” she said.
Doering’s assumptions also may have affected how the OPP officers dealt with Chrisjohn, who was seen on surveillance video being dragged along the floor to the cellblock while unconscious, Pomerance said.
“She had been identified as a drug user who was known to London police. This informed the officers’ interpretation of her conduct,” she said.
Ontario’s police watchdog, the Special Investigations Unit, originally charged OPP Const. Mark McKillop, along with Doering. Charges against McKillip, who testified at Doering’s trial, were withdrawn later.
Extra chairs were set up Friday to accommodate the large crowd, including about 30 police officers, most of them in civilian clothes, who packed an 11th-floor courtroom for the decision.
The roughly 20 Chrisjohn supporters in court cheered and burst into tears when Pomerance read her verdict.
“With what happened today, as a family, we feel we can start the healing process with no interruptions,” said Chrisjohn’s sister, Brittany, outside the courthouse, where an Indigenous smudging ceremony was held.
Another sibling, Cindy Chrisjohn, said she was still processing Friday’s events.
“I miss my sister a lot, and it has been hard,” she said, fighting back tears. “I’m just happy with the verdict today.”
Doering, who is free on bail, is to be sentenced Nov. 12.
It’s unclear whether the conviction will affect Doering’s employment. He has been assigned to administrative duties since the SIU charged him in July 2017.
“The court’s decision will be reviewed before any determination about Const. Doering’s employment status is made. He is not suspended at this time,” police said in a statement Friday.
Stereotypes and assumptions about drug addicts played a role in the Oneida of the Thames First Nation woman’s death, Pomerance said in her ruling, noting Doering’s opinions formed the lens through which he perceived events leading up to Chrisjohn’s death.
“He viewed everything, including signs of medical distress, as nothing more than the stereotypical conduct of a drug user. If Ms. Chrisjohn was aggressive, it was because she was high on methamphetamine. If she was silent and apparently non-compliant, it was because she was high on methamphetamine,” Pomerance said.
“In short, Const. Doering had preconceived notions about drug users and he held fast to those notions when dealing with Ms. Chrisjohn. Rather than moulding his theory to fit the facts, he seems to have moulded the facts to fit his theory.”
Doering had arrested Chrisjohn, 39, after she was found trying to get into vehicles near Highbury Avenue and Trafalgar Street while high on crystal meth. Three paramedics arrived, but none assessed Chrisjohn, court heard.
London police had arrested the mother of 11 the previous day – when she was also under the influence of crystal meth – but left her at hospital after provincial police, who had an outstanding warrant for her arrest, declined to pick her up until she was cleared medically, court heard.
After the second arrest, Doering drove Chrisjohn to a south-end Tim Hortons and turned her over to two Elgin OPP officers, falsely telling them she’d been in the same unresponsive state since he picked her up, but had been medically cleared.
Doering testified he couldn’t remember if he’d spoken to Chrisjohn during the trip to the coffee shop, saw her slide down the seat three times and stopped at one point to make sure she hadn’t slipped out of her handcuffs.
“Const. Doering was focused on getting Ms. Chrisjohn to the OPP and on making sure that her detention remained secure. It seems that he was far less concerned, if he was concerned at all, with her medical condition,” Pomerance said.
Soon after the handover, St. Thomas paramedics were called to the Elgin OPP detachment for a possible overdose. Two paramedics arrived and were directed to a cell where a motionless Chrisjohn was lying on her side on the floor, breathing irregularly, court heard.
After determining she was at risk of cardiac arrest, they took Chrisjohn to hospital, where she died. A post-mortem found the cause of death was cardiac arrest connected to crystal meth use, the court heard.
Pomerance said police officers have a challenging job and often have to make split-second decisions, but this wasn’t true in Doering’s case.
“Calling for medical assistance would have, at worst, delayed the transfer to the OPP . . . There were no operational contingencies that counterbalanced or displaced the duty to seek medical attention,” she said.
Doering’s assumptions also may have affected how the OPP officers dealt with Chrisjohn, who was seen on surveillance video being dragged along the floor to the cellblock while unconscious, Pomerance said.
“She had been identified as a drug user who was known to London police. This informed the officers’ interpretation of her conduct,” she said.
Ontario’s police watchdog, the Special Investigations Unit, originally charged OPP Const. Mark McKillop, along with Doering. Charges against McKillip, who testified at Doering’s trial, were withdrawn later.
Extra chairs were set up Friday to accommodate the large crowd, including about 30 police officers, most of them in civilian clothes, who packed an 11th-floor courtroom for the decision.
The roughly 20 Chrisjohn supporters in court cheered and burst into tears when Pomerance read her verdict.
“With what happened today, as a family, we feel we can start the healing process with no interruptions,” said Chrisjohn’s sister, Brittany, outside the courthouse, where an Indigenous smudging ceremony was held.
Another sibling, Cindy Chrisjohn, said she was still processing Friday’s events.
“I miss my sister a lot, and it has been hard,” she said, fighting back tears. “I’m just happy with the verdict today.”
Doering, who is free on bail, is to be sentenced Nov. 12.
It’s unclear whether the conviction will affect Doering’s employment. He has been assigned to administrative duties since the SIU charged him in July 2017.
“The court’s decision will be reviewed before any determination about Const. Doering’s employment status is made. He is not suspended at this time,” police said in a statement Friday.
