Edmonton Police will launch an internal investigation into the death of a man who overdosed on fentanyl in a cell and remained motionless for more than five hours while two community peace officers failed to check on him.

The 37-year-old man was stopped by police officers on the night of March 15, 2020, for riding a bike on the sidewalk. He was arrested based on warrants. He died in his cell the following afternoon.

A report issued this week by the Alberta Police Commission concluded that two of the on-duty community peace officers failed to complete the required health checks while the man was in the detention cell.

In a statement, the Edmonton Police Department said now that the investigation conducted by the Alberta Serious Incident Response Team (ASIRT) is complete, the EPS will launch an internal review.

EPS spokesperson Cheryl Fordenhout said in the statement: "It appears that regular policies and procedures were not followed in this case." "This will also form part of EPS’s follow-up investigation."

The two peace officers involved in the case are still employed by the EPS. Fordenhout said on Friday, they have not been disciplined because the EPS investigation is still pending.

In its report released Wednesday, ASIRT found that the two community peace officers failed to follow EPS policy and appeared to have tried to conceal this from investigators.

The report, authored by Matthew Block, ASIRT’s assistant executive director, did not name the peace officers.

Block wrote: The officers told EPS investigators they had conducted certain checks. Video footage from the cell showed they had not actually conducted those checks.

Community peace officers are not under ASIRT’s authority. Unless otherwise directed by the Alberta law enforcement director, ASIRT investigates only police officers’ conduct.

ASIRT investigated the conduct of the two EPS officers involved in arresting the man and found no wrongdoing. These officers had no further interactions with the man after placing him in the cell.

In his report, Block said it is up to the EPS to determine any appropriate discipline for the community peace officers tasked with monitoring the man during his detention.

EPS policy states detainees must be checked at regular intervals. "Welfare checks," where officers perform a visual scan of the cell, must be completed every 15 minutes.

Officers must also perform stimulus checks every hour. Stimulus checks, which ensure the person is conscious and talking, can be done from outside the cell door. If the detainee fails to respond or wake, officers must enter the cell to ensure the person is not in medical distress.

Block wrote in his report: Regular health checks must be conducted so that any significant change in well-being is timely discovered. Police are not medical professionals... and as such, they must keep individuals alive in situations where it may be important for someone to undergo medical assessment while in custody."

On the night he was arrested, the man was transferred to the detainee management unit at the Edmonton Police Department downtown, where he was searched and treated. After being assessed by a paramedic who found him alert and responsive with no injuries, he was placed in a cell at 11:44 p.m., according to ASIRT. During the next 12 hours, no peace officer entered the cell.

At 7:10 a.m., another detainee was placed in the cell. The two men spoke, and after about a minute, the first man threw a white object on the bench in the cell then checked the door.

Block wrote that it appears the detainees were sharing drugs that were likely smuggled into the cell. The 37-year-old sat on the bench and eventually laid down facing the wall. About an hour after taking the drugs, the man appeared to have two seizures and did not move again. Community peace officers walked past the cell every 10 minutes, briefly looking in as they passed.

The first time a peace officer entered the cell was at 12:14 p.m. The officer brought food for the detainees. The 37-year-old man remained still on the bench. At 1:42 p.m., a peace officer entered the cell and appeared to notice something was wrong with the incapacitated man,

Block also wrote. Two peace officers and a paramedic administered naloxone to the man and performed CPR until the ambulance arrived, but the man was not revived. The autopsy determined the cause of death was fentanyl poisoning.

Block said community peace officers found to have breached their duty of care to detainees could be criminally liable.

Block wrote: "If a detainee experiences a medical emergency while in custody, there may be criminal liability when the person responsible fails to exercise reasonable care."

Police officers and other officials owe a duty of care to detainees under their supervision. The association said in its statement that a series of new measures now provide better protection for detainees in holding cells.

The detainee management unit was moved to the new campus police station in the northwest. Suspects are held individually in cells and now a body scanner is used to search for contraband.

Edited by: Yusra Bamtaraf