First Nation man’s 2012 death a homicide, Ontario inquest jury finds years after murder charge dropped


Thirteen years after the death of Sherman Kirby I wanted to be an altercation with another inmate in Thunder Bay, Ontario, an investigation jury has determined that it was a homicide.

I wanted 35 years old, he was a member of Neskantaga First Nation, a remote community in the northwest of Ontario. Adam Capay, 19, was accused of first -degree murder.

But the The position remained After Capay spent more than four years in solitary confinement. The case caught national attention in 2016 when Renu Mandhane, head of the Ontario Human Rights Commission, met with Capay, who remained only in his cell in the Thunder Bay correctional center for 23 hours a day with the lights on.

Although the murder position was essentially withdrawn, according to the law of the coroners, investigations are mandatory for anyone who dies in custody. The only one who investigated the death of Quese was celebrated virtually, as of February 24 and concluding on Friday.

According to his family, he wanted to died days before he was released.

Adam Capay spent more than four years in solitary confinement while waiting for the trial for first -degree murder in relation to the death of wanted to Thunder Bay, Ontario. (Alison Jane Capay/Askfm)

A jury of four people had the task of answering several questions: identify who died, when and where they died, their medical cause of death and means of death, classified as natural causes, accidents, homicide, suicide or indeterminate.

The jury members determined that the wanted ones died of homicide, of hypoxic-ischemic encephalopathy caused by the penetrating trauma of the neck, on June 4, 2012, at the Center for Regional Health Sciences of Thunder Bay.

The condition results from the inadequate blood flow and the supply of oxygen to the brain, according to the Canadian Journal of Ofthalmology.

CBC News contacted the family of wanted to comment on the result of the investigation, but did not receive an answer for publication time.

Recommendations on mental health, cultural support

Investigation jurors are prohibited from making any legal responsibility find or expressing any conclusion of the law. His role is not to assign or free someone from guilt, or indicate or imply any judgment.

However, they can make recommendations aimed at preventing similar deaths.

All 24 recommendations in the jury were addressed to the Ministry of the Attorney General. They revolve greatly around the improvement of conditions in the correctional center of Thunder Bay existing and add more cultural and health support in the new correctional complex of Thunder Bay.

Construction in the 345 bed complex began in November 2022. The $ 1.2 billion project is intended to replace the existing prison and correctional center, with a planned opening of 2026.

Research recommendations include hiring psychologists in the correctional center, improving communications between staff and regularly reviewing the center’s medical care unit.

The jury recommended that a mental health unit dedicated in the new complex be built, and so that there is an indigenous cultural space for programming, ceremonies and celebrations.

There was also a great focus on increasing the number of native internal (Nile) inmate officers (Nile), and ensure that children and the elderly can meet the needs of indigenous peoples in custody.

A foreground of paper documents on a table.
The members of the Square’s investigation made 24 recommendations aimed at preventing similar deaths. (Marc Doucette/CBC)

The jury members also made recommendations related to mental health education for the specific indigenous personnel and training that focuses on culturally appropriate and informed by trauma care.

More consultations are also encouraged between the Ministry of the Attorney General and the political-territorial organizations that represent the first nations, such as Nishnawbe Aski Nation (NAN).

Security was another priority, seen through recommendations to prohibit people in custody of the literary objects and develop an action plan to locate inmates who are not present during bed controls.

While research recommendations are not legally binding, the main coroner’s office asks those who have received a recommendation to answer within six months and indicate whether the recommendations were implemented and, if not, why.

The list of all verdicts and recommendations of the investigation carried out in Ontario is regularly updated by the provincial government and It can be found here.



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