Police dispute claims man cried out for breath before death

CCTV has captured the moments leading up to a police struggle in which a man collapsed and died, while the officers have denied claims he cried out for breath.

Police involved in a struggle to detain a man battling mental health issues dispute claims he said “I can’t breathe” moments before he collapsed and died.

Danny Richards, 48, was handcuffed and doused with pepper spray during a five-minute struggle with four police who’d arrived at his mother’s Glen Waverley house as part of a crisis assessment and treatment team.

The officers had asked paramedics to sedate the St Kevin’s College graduate.

But he suddenly collapsed and couldn’t be revived.

Friend Vincent Smethurst, who was at the house, on Tuesday told a coronial inquest he heard Mr Richards cry out for breath.

This was despite indications all four officers would later give evidence they didn’t hear him utter such words.

Mr Smethurst said two male officers each had one of Mr Richards’ arms in the kitchen and another had him in a headlock amid repeated attempts to kick his feet from under him.

Video played to the Coroners Court shows four police entering the Glen Waverley home.

Mr Richards’ friend, Vincent Smethurst, greets the officers before they enter the home.

“He slipped out of the headlock and they started to swing him around towards the open area of the floor,’’ Mr Smethurst told the court.

“Both police officers still had armlocks on him so Danny’s arms were raised up and they were pushing him down.

“At that point Danny called out: ‘I can’t breathe’.

“He let out a grunt like a bit of energy.”

Mum Eileen Richards told the court the officers marched into the property like “military militia”.

“I felt very uneasy about the situation that was unfolding before me,’’ she said.

“They had charged inside and there was no initial and primary approach from the CAT team to speak with him and negotiate his transportation.”

CCTV played to the court showed Mr Richards the night of his death talking to his mum and Mr Smethurst outside the house.

The police, three male and one female, then arrive as part of the mental health team - a male officer later running to alert paramedics when Mr Richards collapsed.

Mr Richards had a history of intermittent mental health problems involving a delusional disorder.

When unwell he thought he was being monitored by law enforcement and military agents including the FBI.

Mr Richards’ mental health deteriorated in the lead-up to his death.

He was distressed at being forced to go to hospital for treatment.

A post mortem showed Mr Richards had significant heart disease and the strain of the struggle placed excessive demands on his cardiovascular system.

The inquest continues.

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