Man told cops he could not breathe during fatal arrest
The death of a handcuffed man with a lung condition after telling police “I can’t breathe” has resulted in the coroner recommending more training for officers.
Wayne Thomas Kerle, 68, was found lying dead in his police vehicle upon arrival at the City of Brisbane Watchhouse on December 27, 2022.
Assistant State’s Attorney Stephanie Gallagher released her findings this week following hearings in August 2024.
Ms Gallagher was shown body-worn camera footage of Mr Kerle falling forward onto his stomach twice and being dragged across the ground by his arms, which were still handcuffed behind his back.
He was screaming for help.
Paramedics had decided that Mr Kerle would not be taken to hospital when he was arrested on suspicion of drug possession at a unit in the inner-Brisbane suburb of Fortitude Valley.
Police said they would instead take him to a police station to charge him and that he would be “out of custody within the hour.”
During the 30 minutes it took to get Mr Kerle out of the unit and into the back of a police van, he pleaded with officers for help amid a barrage of insults.
“I can’t breathe,” he said.
When officers told Mr. Kerle that he could breathe and talk, Mr. Kerle responded, “you’re going to kill me.”
A police officer told him, “There’s no way I’m taking off the handcuffs after the abuse you put us through.”
Mr. Kerle had reported to police that he had chronic obstructive pulmonary disease, which causes people to have difficulty breathing, and that he had severe symptoms.
There were no cameras in the back of the police van to monitor Mr. Kerle during the five-minute journey, and officers did not observe him directly.
When the officers on duty saw that Mr. Kerle was bruised, they called an ambulance.
A post-mortem examination did not determine the cause of death, but Ms Gallagher found that “physical exertion and possible positional asphyxia during his interaction with the police” played a role.
“Mr Kerle’s significant pre-existing natural illnesses… combined with the physical and psychological stressors of the detention process, likely exacerbated his underlying medical conditions, leading to his death,” Ms Gallagher said.
Supported Queensland Police’s ongoing installation of CCTV audio and video capability on all police vehicles.
“I recommend continued post-arrest care training for officers on the appropriate identification of an inmate experiencing a medical problem or behavioral disorder,” the coroner said.
