187 - "A perfect storm"

Use of force, citizen's arrest, positional asphyxia

This is not an example of self defence but rather what can happen if you choose to use force and the very real repercussions and considerations you need to be aware of if you do.

Several of the online media outlets were reporting this story today of a Bristol man who was cleared in court today of the manslaughter of another man that he had tried to detain under citizen's arrest.

Details are from various sources and I've obscured the names of the people in this case so as not to be part later net searches. My comments are in italics:

A man has been cleared of killing a suspected thief who died after he pinned him down and knelt on his back for nine minutes during a citizen’s arrest.

(J: One could simply focus on the cleared part and say that , well he's cleared so that's all ok right? This case has gone on for over 2 years – can you imagine the stress you would be under facing charges like this for involving yourself in making a citizen's arrest?)

“Defendant”, 38, was accused of using “excessive force” as he restrained Craig Wiltshire, 43, but insisted he was only trying to hang on to him as he waited for the police to arrive.

“Defendant” told the jury at Bristol crown court that he thought Wiltshire was faking when he twice told him he could not breathe.

(Restraining someone for 9 seconds can be an absolute rodeo, 9 minutes is a LONG time to try and keep nothing from happening - this is a major omission in a lot of martial restraint type thinking – locks, pins, chokes etc – tapping is taught in classes and you are released immediately FOR SAFETY – in reality you cannot release someone you are involved in a violent confrontation with as they will do anything to escape and potentially start fighting you again. You would be giving away your tactical advantage to face a potentially mortal threat by releasing. Experienced trainees may ease off chokes and so on to allow breathing but not escape but with adrenaline, people screaming etc are you really picking up the nuances that you would in a dojo? )

Wiltshire was believed to have been behind a string of thefts and break-ins in the Bristol suburb where “defendant” was employed as a live-in carer.

The court was told that despite repeated complaints to the police, there was no active police investigation into the break-ins.

(Ironic that the failure of the system to catch and deal with a criminal blight to your neighbourhood may also be used against you if you try to do something and it will be portrayed as a factor in your frustration and seeking revenge...)

“Defendant”, allegedly tackled him to the ground and pinned his chest down in the road with his head twisted to the side.

(Pressure to the back will limit breathing (choke) and the turning of the head in some people can restrict – especially with pressure placed – the blood supply to the brain (Strangle). Tight neck muscles being just one cause.)

The jury was shown CCTV footage of the incident in the early hours of 20 November 2019, in which Wiltshire can be heard telling “defendant”: “I can’t breathe,” and his captor replies: “I don’t give a fuck.”

(Everything you are saying is painting a picture of your true intent – anything uttered under great stress or frustration can be used against you later if it is witnessed or recorded. I don't care about what you're saying can be presented as I don't care you can't breathe...)

Wiltshire was seen "clearly struggling" at the time, while in police body-cam footage, “defendant” can be heard saying: "I grabbed him while he was on the floor – we all thought he was pretending.

"He (the victim) was doing everything he could, he was biting, spitting, trying to kick."

(In workshops, one of my drills for new people is to try and use basic holds and pins against someone who is fully resisting them for 30 seconds using movement alone – this is usually a revelation in terms of how difficult it is. Adding strikes, clawing, spitting etc is only adding to this difficulty. Restraining someone for any length of time is low on your to do list in terms of self defence as you will want to strike/ diminish them first and then get away as quickly as possible. Staying with them as they struggle to free themselves is high risk as a strategy).

Giving evidence on Friday, “Defendant” said he acted after houses, cars and sheds were broken into, leaving the community feeling worried and frightened. The incident happened when “Defendant” spotted Wiltshire in the area.

(This detail about spotting him is the shoe in the door for the vigilante angle that the prosecution are looking for. He's not in the commission of a crime at that moment and yet is still ambushed by a member of the public).

He told the jury: “I was just going to detain him and allow the police to get there. I pulled him off the bike and held him to the floor so he could not escape.

“I was expecting the police to come and take him. The police station is [nearby] so I thought they would be there in a couple of minutes. I had no intention to cause any harm.

“He was fighting back. I did not think him saying ‘I can’t breathe’ was genuine – I thought he was trying to get me to let him up so he could escape or attack me. It never went through my mind he couldn’t breathe.”

(People are unknown quantities in terms of their health and ability to fight – you only get to find the truth out in situations like this).

As he waited for the police, “defendant” said he was fearful. “I was panicking the police were not coming and was just focusing on not letting Mr Wiltshire up. I thought if he got up he would hurt me, hurt one of the other residents or escape.

(9 minutes doesn't sound long but it really is – slowly realising that the pat on the back and local hero headline is slipping away from you by the second and this really isn't playing out the way you thought it would..)

“I was concerned he had a tool or weapon on him and did not want him to go into his pocket. I was just focused on detaining him and thinking I just hope the police hurry up.”

After three police officers arrived, it became obvious that Wiltshire was unresponsive.

“Defendant” added: “I could not believe it. I felt confused and I was sick. I was very upset and distressed. At no time did I mean any harm to this male – I was simply making a citizen’s arrest.”

(The concern about the possibility of a weapon should be assumed as a given if attempting to engage physically with a person like this from the outset not minutes in!

This situation could have been a fatal mistake for the defendant as the criminal would realise he is losing the fight and could cut and puncture his way out...)

The defendant said that since the incident in 2019 he had not been the same person. “I am on antidepressants. I used to be quite a happy person but now I just feel mostly sad.”

(This is really the take home here about whether or not to involve yourself in something like this and links to what I said at the beginning. You are entering a world of shit by tackling someone who is not committing a crime at that moment. There are so many things that could go wrong, unexpected consequences like living with someone's death because of your actions.)

James Ward, prosecuting, said that the actual detention and subsequent restraint was "lawful" but the nature and extent of the force used by “defendant” was not.

He told the jury: “defendant” took the opportunity to get retribution and physically hurt Craig Wiltshire as punishment for the crimes he had allegedly committed in the neighbourhood."

These crimes related to a series of break-ins of cars in the local area.

The jury was told to assume that Wiltshire was responsible for the thefts.

A post-mortem examination later gave a cause of death as cardiorespiratory arrest and subsequent brain damage with Wiltshire dying two weeks later.

Prof Jason Payne-James, a forensic physician and a leading expert on restraint techniques, said he believed the force used was “reasonable”.

He argued that while police and prison officers would have known detaining someone in a prone position could lead to positional asphyxia, an untrained person would not have realised this.

Payne-James said he believed “a perfect storm” of conditions and factors contributed to Wiltshire’s death including his small build, an existing heart condition, the presence of the heroin substitute methadone and the sedative diazepam in his bloodstream and the fact that he was struggling.

(How many of those factors would you honestly say you’d be considering at the start of an altercation?)

But cross-examined by prosecutor James Ward, Payne-James said it was likely that Wiltshire would have survived if Smith had sat him up when he said he could not breathe four minutes into the restraint.

(And he would then have sat and passively awaited the police at that point?)

K L, a neighbour, had told the court that the community had been “terrorised” by the break-ins, and had extra locks fitted to her house, including a sliding bolt for her bedroom.

“Defendant's” employer, MC, 51, is also seen in the CCTV footage adding his weight to Wiltshire for a few minutes, while his son BC, 27, is seen kicking the prone man twice. They have admitted common assault and will be sentenced at a later date.

This gives an idea of the chaos that can happen in this type of situation even if you personally are able to handle things , others may not be. Some one else kicking as well as another adding weight create huge potential problems for you to try and prove your innocence of. It’s a mess.

Unless someone is attacking you or in the process of committing a crime, I would urge you not to get physically involved.

Firstly, you are entering into a situation of unknown risk to your well being and then the nightmare of having to justify it legally. You can end up facing years of hassle from someone well used to playing the system, who attempts to criminalise you as well. There is also the potential for retribution which is a very real problem.

Any contact with the court system is to be avoided at all costs.

Even if you're acquitted, your name will be associated with the events thanks to internet searches forever.