WINNIPEG 鈥� A judge has found a senior corrections officer not guilty in the death of a First Nations inmate at a Manitoba jail in a case that has raised concern about the treatment of people behind bars.
Provincial court Judge Tony Celliti told court Friday that there wasn't enough evidence to convict Robert Morden of criminal negligence causing death and failing to provide the necessities of life for William Ahmo of Sagkeeng Anicinabe Nation.
"The death of William Ahmo represents a terrible tragedy. What occurred 鈥� has no doubt had, and will continue to have, an immeasurable and lasting impact on the loved ones that Mr. Ahmo left behind," Celliti told a courtroom packed with supporters for both Morden and Ahmo.
However, the judge said, based on evidence presented during the trial in September 2023, he wasn't satisfied Morden's actions were unreasonable as a correctional officer.
Morden broke down in tears and embraced his wife as Celliti read his decision. Ahmo's family quickly left the courtroom and embraced each other in the hallway outside.
Ahmo's mother, Darlene Ahmo, declined to speak to reporters Friday afternoon.
In a statement, she said she is deeply disappointed with the final outcome.
"My heart is broken," she said. "I had hoped for justice for my son, but instead we are left with more questions and no accountability for his death. William's life mattered, and to see no one held responsible is devastating."
Court heard Ahmo, 45, was involved in an hours-long standoff with guards at the Headingley Correctional Centre on Feb. 7, 2021, and died a week later in hospital. Manitoba's chief medical examiner ruled his death a homicide.
Morden was the officer in charge of the emergency response unit that subdued Ahmo at the provincial jail west of Winnipeg.
Court heard Ahmo became upset after he allegedly overhead a guard say a racist joke. Ahmo told this to a crisis negotiator trying to bring about a peaceful conclusion.
"Those efforts were not successful," said Celliti.
Video evidence presented at trial shows an at-times agitated Ahmo pacing. At one point, he rips a hot water tank off the wall. At other times, Ahmo appears calm.
After several hours, tactical officers administered pepper spray to try to subdue Ahmo.
The video shows Ahmo continued to struggle and resist as numerous guards put him in shackles, placed a spit hood over his head and sat him down in a restraint chair before he became unresponsive.
At several points, Ahmo can be heard telling the guards he can't breathe, said Celliti. Morden can be heard asking one nurse who was present if Ahmo was OK and they replied, "he is good now."
"The fact that Ahmo said that he could not breathe on numerous occasions and that seemingly there was no medical assistance offered to him, standing alone, is not determinative in this case. Those details do not tell the whole story," said Celliti.
Court heard he died from a brain injury due to a lack of oxygen and blood supply.
The Crown argued Morden should have seen that Ahmo was in medical distress after he repeated that he wasn't able to breathe and that the accused was under a legal duty to provide medical assistance. Prosecutors also argued that Ahmo's life was put in further danger after Morden directed officers to put the inmate in the restraint chair.
Defence lawyers said Morden relied on the expertise of the nurses present and that he had no reason not to trust their input on Ahmo's condition.
Crown attorney Jason Nicol said he would not be providing a comment until he carefully reviewed the judge's decision.
This report by The Canadian Press was first published Sept. 6, 2024.
Brittany Hobson, The Canadian Press
