Report that clears Prince Albert police in death of Boden Umpherville 'appalling,' family says
Officers deployed 5 stun guns a total of 15 times as they tried to arrest Umpherville on April 1, 2023
WARNING: This story contains details and images that could be disturbing
The family of a man who died after being arrested by police in Prince Albert is condemning the report issued by Saskatchewan's police watchdog that clears officers of any wrongdoing.
"It was expected, but it's appalling to see what it was written in there and the ways that they have justified their actions," said Chase Sinclair, a spokesperson for the family of Boden Umpherville.
On April 1, 2023, Umpherville was sent to hospital after officers with the Prince Albert Police Service deployed five stun guns a total of 15 times, sprayed him with pepper spray and hit him multiple times with a baton and their knees, according to the province's Serious Incident Response Team (SIRT).
The 40-year-old remained on life support for nearly a month before he died on April 26.
The report issued by SIRT on Friday concludes that an autopsy ruled Umpherville's death was the result of a cardiac arrest, caused by positional asphyxia — when a person can't breathe due to the position of their body — and cocaine intoxication.
It's possible the stun guns played a role but that was unlikely, according to the autopsy.
The SIRT report says a toxicology report found the presence of cocaine. The levels "are consistent with the ingestion of a large amount of cocaine prior" to the samples being collected at the hospital.
Investigators with SIRT concluded that the police officers' use of force was justified and was responsive to Umpherville's level of resistance.
"The restraint and response that followed that arrest fall within the ranges that are protected by law," concludes the report.
"As a result, no charges will be laid."
The arrest
The events leading to Umpherville's death began when a woman reported her Dodge Avenger stolen shortly before 2 a.m. on April 1, 2023.
Officers were dispatched to investigate and, after a brief search, they found a vehicle matching the description provided by the caller.
The vehicle was eventually stopped in an alley. Inside were three people: a woman in the driver seat, Umpherville in the passenger seat and a third person in the rear passenger seat.
Police would later find out that the woman in the driver seat was the person who had reported her vehicle stolen. She had reclaimed the vehicle just a few minutes before police arrived.
SIRT's report lays out how Umpherville initially provided police with a name, later determined to be false. As the initial officer continued to investigate, more Prince Albert police officers responded to the scene.
Six officers ultimately arrived before the arrest began and two more officers arrived during the arrest.
One of the officers recognized Umpherville from a previous interaction with him and was able to provide investigators with Umpherville's actual name.
The other people in the vehicle got out.
Other police officers recalled that Umpherville had outstanding warrants. As police attempted to place Umpherville under arrest, he braced himself inside the vehicle.
Officers struck Umpherville with a baton and used stun guns ineffectively, as well as pepper spray, as he continued to resist being removed from the vehicle, according to SIRT.
Umpherville moved into the driver seat of the vehicle and was able to shift the vehicle into gear before revving the engine.
Officers backed off and the 40-year-old was able to close the door on the driver side.
'I can't breathe'
Eventually, officers were able to use a stun gun effectively, allowing them to get Umpherville out of the car. He continued to resist as officers tried to place him in handcuffs, the report said.
Police said they found a gun in a holster on Umpherville and removed it from his possession, as well as a knife strapped to his chest.
The SIRT investigation found that an electrical probe from a stun gun was lodged in the magazine well of the gun and said that "confirms" the weapon was on Umpherville's body at the time of his arrest.
Sinclair said that explanation is too convenient.
"They say that to the public and say, 'Hey, believe that this is what happened.' But not once in there is a voice from the victims," Sinclair said.
The report said Umpherville continued to struggle as officers attempted to search him. He began breathing hard and stated words to the effect of "I can't breathe."
Police hit Umpherville with a baton repeatedly before finally taking him into custody.
Paramedics arrived just a few minutes later. As they wheeled Umpherville toward the ambulance, his breathing became shallow and stopped.
Live-saving efforts were attempted and they were briefly able to get a pulse while on the way to the hospital. Umpherville remained on life support with no brain activity before dying on April 26.
SIRT concluded that the police officers' actions were in response to Umpherville's decision to not be arrested.
"The level of force was reflective first of the level of resistance offered and later to the level of threat presented by [Umpherville] during the incident," the report said.
'I'm not settling with this'
Sinclair said Umpherville's family members do not think the report is an accurate representation of what happened.
They are weighing their options and considering what can be done now that the SIRT report has been published.
That could include filing a lawsuit or turning to larger Indigenous institutions such as the Federation of Sovereign Indigenous Nations or the Assembly of First Nations.
Sinclair said this report and the events leading up to Umpherville's death are examples of the systemic issues facing Indigenous people in Canada.
"I'm not settling with this. There's no way. Neither is this family. I don't think any Indigenous person should," Sinclair said.
ABOUT THE AUTHOR
