爱城父母控告警察疏忽导致儿子死亡，执法评估委员会听证
原始发布日期： 2017-07-07 发布者：玉山字变大 字变小
 Don Szybunka holds his son Klayten's high school graduation photo after a Law Enforcement Review Board hearing in Edmonton on July 7, 2017. Klayten Szybunka, 38, died shortly after being released from police custody for a public intoxication ticket on June 28, 2014. The parents of a man who died shortly after police dropped him off at an Edmonton shelter are challenging Police Chief Rod Knecht's decision to dismiss their complaint against the officer. Don and Lena Szybunka claim the Edmonton police constable who took their adult son into custody acted negligently in leaving him outside Hope Mission, 9908 106 Ave., after issuing him a ticket for public intoxication. They are appealing to the Alberta Law Enforcement Review Board (LERB) the chief's decision to dismiss their complaint. The LERB reviews public complaints about police officer conduct. Their son, Klayten Szybunka, was found dead in a green space near Hope Mission on June 28, 2014. He was 38. Police received a call that day that Szybunka was sitting on the grass between two houses on Edmonton's west end. Const. Karl Mayer arrived on scene at 12:21 p.m. While Szybunka acknowledged the officer, he was not alert or talkative, the board heard. Mayer smelled alcohol on Szybunka's breath and decided to ticket him for public intoxication. He took Szybunka into custody, and asked if he needed to go to the hospital. Szybunka said no, but was not able to provide an address where the officer could take him. Szybunka agreed to be taken to the shelter at Hope Mission where Mayer dropped him off at 1:07 p.m. Around 4:15 p.m., Szybunka's body was discovered in a nearby green space. The Szybunkas, who represented themselves at Friday's hearing, allege the officer did not provide proper care for their son. "Was it a reasonable action to drop someone on the street, not knowing if they're going to be OK?" Don Szybunka asked the three-member independent board. "We think that's negligent." The medical examiner ruled Szybunka died of chronic alcoholism and "not a single acute incident," said Lorena Harris, Mayer's legal counsel. A toxicology report found Szybunka's blood alcohol content was at least twice the legal limit, but she said Mayer had no reason to believe he needed medical attention. The Szybunkas question the investigation by the city police Professional Standards Branch, including the lack of GPS evidence from the police vehicle, CCTV footage from outside Hope Mission, and the fact Mayer amended his initial street check report following Szybunka's death. Don Szybunka said the GPS data and CCTV would reflect on the credibility of Mayer's timeline. Jeremy Taylor, counsel for the police chief, said it's unlikely any CCTV footage of Szybunka exists, noting the cameras at the shelter cover only a few square meters. He also questioned what the GPS records would add. "It doesn't appear to me there's anything critical in this investigation that hinges on the GPS information," he said. As for the street check report, he said Mayer's sergeant ordered him to add more detail after learning Szybunka died, because he knew there would be an investigation. He noted nothing was removed from the report. Lena Szybunka said her son had a home — which was on his letter of probation from a previous arrest. She believes her son would have survived if he had been held by police or escorted into Hope Mission instead of allowed to wander off. "It's called erring on the side of caution," she said. The board has 60 days to issue a written decision, but may seek an extension. jwakefield@postmedia.com |