Complaint filed about off-duty RCMP officer who arrested woman with intellectual delays
A review is underway into the actions of an RCMP officer who arrested an intellectually delayed woman and removed her from an off-duty and mental health social center in a different police jurisdiction.
The 34-year-old woman has seizure disorder, autism and intellectual and cognitive impairment.
CBC News is not identifying him to protect his privacy.
Melanie Byrne, her caregiver, said in a recent interview, “She enjoys things that a child would enjoy. So dolls – she loves playing with dolls. She believes in Santa Claus.”
The woman has been part of Byrne’s family for decades, but Byrne and her husband began caring for her in their home in 2019.
“Her conversations won’t be the same as adult conversations. She talks about things that would be interesting to a child rather than an adult.”
Byrne believes the distinction is important, because it should have changed the way the RCMP constitution is worded. David Banks took over the lady last winter.
Eight months after the incident, Byrne says the once happy, social woman is no longer the same.
Byrne says she wants an apology, accountability and change in light of what happened that day.
Visit Pottle Center
On March 21, the woman and her relief worker, Nicole Gulliver, went to the Pottle Center, an adult social and recreation non-profit organization for people suffering from mental illness and addictions in downtown St. John’s.
Byrne says the woman was trying to create an account for Roblox, an online game, on the computer and did not want to leave. But the center was closing at 4 pm and Gobus was coming to pick her up.
Byrne says that by 15 minutes before closing, it was clear the woman did not want to leave. She says that she instructed Gulliver to ask a staff member to encourage him to go.
Byrne says that with this a staff member at the Pottle Center turned off the computer, which further increased the woman’s anger.
Byrne says she told Gulliver to call 811 and request the Royal Newfoundland Constabulary’s mental health crisis unit, which consists of a mental health therapist and a plainclothes officer trained in crisis intervention.
“What was happening was not a crisis, but at that point, if we had exhausted what we could do, what could we do next?” He said.
Gulliver, who had been a relief worker for the woman for seven years, told CBC News that a staff member at the center said she called her partner – a police officer.
Gulliver says, about a minute later, a man arrived.
“He ran up the stairs. He didn’t run up, he came at full speed,” Gulliver said in a telephone interview.
“He was telling her, I can charge you and charge you with mischief… as if there was no mercy at all.”
Gulliver was speaking on the phone with Byrne when she alleged that Banquo “began dragging (the woman) down the stairs.”
Byrne says she heard commotion over the phone call and the woman screaming, “You’re hurting me, you’re hurting me, you’re hurting me.”
“Nicole was saying, ‘Oh my God, he’s dragging her down the stairs.'”
When Byrne arrived, she says, everyone was outside the building and the RNC were on the scene.
Byrne says the woman was afraid she would go to jail and complained that her head hurt.
Banks arrested the woman on mischief charges. However, when the RNC arrived at the scene, they refused to charge him with any crime.
SIRT-NL refused to investigate
Byrne filed an attack complaint against Banks at the RNC.
In an email responding to questions from CBC News, the RNC said the complaint was originally directed to the Serious Incident Response Team (SIRT-NL).
That civilian-led oversight agency is responsible for investigating incidents involving “death, serious injury, sexual offence, domestic violence or any matter of significant public interest” that may arise from the actions of a police officer in the province.
However, SIRT-NL declined to investigate. In an email to CBC News, SIRT said the investigation does not fit within its mandate.
Royal Newfoundland Constabulary Const. Stephanie Myers says the RNC conducted an investigation of its own “that included multiple witness statements and video review.”
The file was closed in May without charges being filed against the officer.
Byrne says the RNC advised him that when a person is in a facility and the facility is locked down, an officer “has the authority to physically remove them from the premises.”
Melanie Byrne says the woman, who has been part of her family for decades, hasn’t been the same since she was arrested by an off-duty police officer eight months ago. Ariana Kelland reports.
RNC Sgt. Jarrett Morgan wrote in an email to Byrne that their investigation found that the woman was sitting in a chair in front of a computer and refusing to leave, and that Banko was with her for about five to six minutes before arresting her.
Byrne says this time is not enough to convince him to leave.
Newfoundland and Labrador RCMP are not commenting on the specifics of the complaint, saying only that a complaint was received.
An RCMP spokesperson wrote, “We cannot speak about the nature of the complaint or the potential outcomes at this time – even in broad context – to protect the confidentiality of everyone involved (including the complainant and any witnesses) and the integrity of that review.”
Byrne complained to the Civilian Review and Complaints Commission for the RCMP.
In an email to CBC News, the CRCC said it does not verify or comment on complaints, also citing the need to protect the integrity of the complaints process.
Byrne says he has not been given any timeline for when the process will be completed.
Pottle Center is silent on the incident
Byrne believes Banks crossed the line in this situation, and says training and an apology are necessary.
She also wants assurances that a similar incident at the Poultry Center would be dealt with differently.
Neither the Pottel Center nor its board of directors responded to requests for interviews.
But in two emails sent to Bayern after the woman’s arrest, the board of directors indicated it would review its policies and procedures.
In an email provided to CBC News by Byrne on March 26, the centre’s board of directors told Byrne they were sympathetic to “any impact” on the woman.
He noted that the Pottle Center has “supported individuals with mental health concerns for more than 40 years, and has always treated our members with compassion and respect”.
They wrote that such an incident has never happened before and that “we will continue to work to reduce incidents like this moving forward, and ensure that we continue to use trauma informed approaches for the best possible outcomes for situations like this.”
Byrne says the Pottle Center did not apologize.
In a subsequent email to Byrne, the board of directors said a meeting was called to discuss the incident as well as the center’s procedures and policies.
“We are continuing to review the efficacy, appropriateness and person-centred approach in working with our members,” the board of directors said.
Byrne says that’s not enough to address his concerns.
The incident reflects ‘wider systemic failures’
Leah FarrellThe director of advocacy and outreach for the Autism Society of Newfoundland and Labrador wrote a letter in support of the woman.
He provided it ahead of Byrne’s meeting this summer with Assistant Deputy Minister of Justice and RCMP Chief Superintendent Lorelei Roberts. Pamela Robinson.
“This incident reflects widespread systemic failures across our public services, including mental health support and crisis response protocols, to recognize and respond to neurodivergent individuals,” Farrell wrote.
She said the incident highlights the need for staff training, clear protocols and collaboration to prevent the “criminalization of disability”.
In an interview with CBC News, Farrell says that, for some neurodivergent individuals, the transition from one place to another may take longer and more communication.
“This could have been approached very differently,” Farrell said.
“It’s unfortunate that advocacy had to be done in the first place, but any kind of awareness helps.”
The woman has been hospitalized since March – with a 22-day break in July, when her condition appeared to be improving before her condition worsened due to a seizure disorder.
There is no evidence that the incident is directly related to the woman’s deteriorating condition.
But Byrne said the woman remained in a state for a long time where she did not recognize Byrne or other family members and she stopped eating and drinking.
“I don’t know if she’ll ever be the same again after this incident,” Byrne said.
“It’s just the spark is gone.”
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