Inmate told officers he was struggling to breathe, jail employee tells fatality inquiry
An Edmonton Remand Centre employee testified on Tuesday that she recalled hearing Daniel Robinson repeatedly plead for help as correctional officers restrained him on the floor outside a cell at the facility five years ago.
Scharie Hilton, an employee at the facility, was testifying at a fatality inquiry looking into Robinson’s death.
Robinson, 50, died on Aug. 30, 2021, six days after suffering cardiac arrest while being restrained face down and with his hands cuffed behind his back.
An autopsy concluded the father of two died from a lack of oxygen and blood flow to his brain following a cardiac arrest suffered during prone restraint. The medical examiner classified Robinson’s death as accidental.
The inquiry, being heard by Justice Kimberley Palichuk at the Edmonton Court of Justice, heard testimony Tuesday from Hilton and correctional peace officer Alan Fisher, who was involved in the incident.
Palichuk will examine the circumstances surrounding Robinson’s death, and can make recommendations aimed at preventing similar ones.
Witness recalls pleas for help
Hilton was working at the property desk in the jail’s admissions and discharge section that day. She said two windows in her office overlooked the area where a confrontation began.
She recalled a small lineup of inmates waiting to be discharged, including one man making a scene that she believed to be about obtaining a plane ticket. Robinson was trying to help him, she said.
Hilton testified that Fisher appeared upset with Robinson for talking and told the inmates to return to the wall.
She recalled Fisher telling Robinson to “get the f— back against the wall.”
After Robinson moved back, Hilton said she heard him ask Fisher why he was upset. Fisher responded that Robinson was interrupting everything.
Robinson explained they were only trying to help the other inmate, Hilton recalled.
She testified that Fisher then became angry, saying, “OK, that’s it, I’ve had it, you’re going to the tank.”
Robinson responded that he would go, Hilton recalled.
She said she then saw Fisher approach Robinson from behind and push him hard enough that his glasses flew off.
A Code 44 was called, signalling that correctional officers needed assistance. Hilton said Fisher was on Robinson, who tried to remain standing before the two moved out of view of her office window.
As more officers arrived, Hilton said she heard Robinson hit the ground.
Hilton said when she looked outside, she saw officers piled on top of Robinson.
She briefly saw one officer punching Robinson in the side and estimated there were 12 to 14 officers on top of him.
“He said, ‘I can’t breathe. Help me, I can’t breathe,’” Hilton testified, breaking into tears.
She estimated Robinson made the plea about five times, although she could not recall the exact number.
Hilton said officers repeatedly told Robinson to lift his arm. She also recalled a female officer loudly telling him to lift his arms so the situation could be over.
Hilton described Robinson’s groaning becoming weaker before officers moved him into a nearby cell.
Once Robinson was inside the cell, Hilton said she heard moaning before everything went silent.
She said she then heard officers expressing uncertainty about whether Robinson was breathing. Medical assistance was then called for by correctional workers, and officers began CPR until health services arrived.
Officer offers his recollection of events
During his testimony, Fisher offered a different recollection of the events.
He told the inquiry he could not remember the specific conversation with Robinson but recalled asking how he planned to get home after being released.
Fisher said Robinson told him he intended to walk, but he explained that jail policy required an inmate to have a ride or money for a cab.
Robinson became frustrated, Fisher recalled, responding that he was “not a child.”
Fisher said Robinson was later talking to another inmate while waiting for transportation. He told the inquiry the conversation became an argument, with Robinson expressing frustration about the release process.
“It felt like it was turning into an argument and not a productive conversation,” Fisher said.
He said he recalled Robinson calling him an “asshole” and accusing him of not knowing how to do his job.
He also acknowledged that he told Robinson to “shut the f— up.”
Fisher said he did not believe he was frustrated or angry.
He testified that he eventually directed Robinson back toward a cell and placed him in an escort position, meaning an inmate still has one arm free. He said Robinson was impeding his steps and that he felt he had to physically guide him.
When asked whether he could have requested assistance instead of taking Robinson to the ground, Fisher acknowledged he could have, but added he believed taking [him] to the ground to maintain control was the best decision.”
Fisher said Robinson was trying to pull away from his grasp, although he did not recall Robinson making physical contact with him.
He acknowledged using force while Robinson was on the ground, saying he struck him in the upper back between the shoulder blades. He said he could not remember how many times.
Fisher said he did not recall Robinson making noises or saying he could not breathe while he was on the ground. He said he also could not remember Robinson’s breathing patterns or whether anyone raised concerns about his breathing.
Under questioning from David Wolsey, the lawyer representing Robinson’s family, Fisher was challenged about his approach to the confrontation.
Wolsey pointed to Hilton’s testimony that Robinson had agreed to go to the cell without resistance. Fisher said he could not recall that exchange.
Wolsey also questioned why Fisher had focused on Robinson when the original disagreement involved another inmate seeking a plane ticket.
Fisher said he initially told both men to stop talking, but the conversation narrowed to Robinson as he continued expressing frustration. He agreed the incident essentially centred on Robinson not being quiet.
Fisher acknowledged he was the first to become physical, explaining that Robinson had not followed his direction to return to the cell.
He maintained he did not believe his emotions had influenced his decisions.
Fisher also agreed that, under his training, force should be a last resort. He said he had attempted to speak with Robinson but felt he was being talked over, adding that he believed taking him back to the cell would allow the two to speak once emotions had calmed down.
The remaining proceedings have been postponed to another day, which has yet to be determined.
In 2021, Robinson's family told CBC News he was pulled over by police and taken into custody for unpaid traffic fines. The family said his brother was able to pay the fines the following day and Robinson was expected to be released that evening.
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