Coronial inquest into Steven Lee Nixon-McKellar’s death in custody after being arrested on Wilsonton street in October 2021

The coronial inquest into the death in custody of Steven Lee Nixon-McKellar has started in Toowoomba, with police body worn camera footage of the incident played to the court.

WARNING: THIS ARTICLE CONTAINS IMAGES OF A DECEASED INDIGENOUS MAN, WITH HIS FAMILY’S PERMISSION

The family of a young Indigenous man gasped and called for justice as police footage was played during the day of the coronial inquest into his death.

Monday marked the beginning of the inquest, presided over by State Coroner Terry Ryan, into the 2021 death in custody of 27-year-old Steven Lee Nixon-McKellar.

The Toowoomba Courthouse was packed with family and supporters of Mr Nixon-McKellar who had just prior held a protest outside the court.

At the start of the inquest, the deceased man’s mother Raelene Nixon read a statement in which she acknowledged the grieving family and friends and the hope that the hearing would help with healing and that such incidents didn’t occur in the future.

Steven Lee Nixon-McKellar.

Mr Nixon-McKellar died after being arrested by police on Stone St, Newtown, on the afternoon of October 7, 2021.

On Mr Ryan’s warning, some family members left the courtroom before police body-worn camera footage of Mr Nixon-McKellar’s arrest was played to the court.

The inquest was told police arrived at the scene in Newtown after receiving reports of several people in a stolen grey Subaru Forester, and found Mr Nixon-McKellar in the driver’s seat.

One of the officers, Constable Smart, tried to open a passenger door but found it locked, so he went to the driver’s side and yelled at Mr Nixon-McKellar, telling him to get out.

From the witness box, Constable Smart told the inquest that he smashed the driver’s side window with his baton before Mr Nixon-McKellar exited the vehicle via the front passenger side door, where he was stopped by Senior Constable Giuliano.

What followed was a prolonged scuffle where Mr Nixon-McKellar’s legs were stuck several times by the officers.

Constable Smart told the inquest he put his baton around Mr Nixon-McKellar from behind and held him in a “bear hug”.

Members of the public lay flowers in memory of Steven Lee Nixon-McKellar ahead of the Coronial Inquest into his death in police custody.

He went on to say that there was a significant size and weight difference between himself and Mr Nixon-McKellar and as a result, a variety of open-handed restraints failed to bring him to the ground.

Constable Smart told the inquest that he was “exhausted, and out of gas” and was pinned between a vehicle and Mr Nixon-McKellar in the moments before back-up arrived.

Counsel for Mr Nixon-McKellar’s family, Stewart Levitt, questioned why Constable Smart and Senior Constable Giuliano did not use alternative methods to subdue the suspect.

Constable Smart replied that the use of pepper spray in close quarters would have incapacitated the police as well as Mr Nixon-McKellar, while the jacket Mr Nixon-McKellar was wearing was likely to render a taser ineffective.

Footage played to the inquest showed Senior Constable Colman approach the trio from behind and apply the lateral vascular neck restraint, rendering Mr Nixon-McKellar unconscious within seconds.

As soon as he goes down, the police roll him on his side.

Dashcam footage of the incident is alleged to show the officer lower Mr Nixon-McKellar to the ground before he is handcuffed. An officer then checks his pulse and calls out “start CPR, start CPR”.

Queensland Ambulance Service paramedics were called to the scene, but their efforts to revive him were complicated by “copious amounts of vomit in his airway, requiring suction, prior to intubation”.

The hearing was told Mr Nixon-McKellar’s heart gave out and he was declared dead at 1.03pm, about half an hour after police were called to the scene.

Steven Lee Nixon-McKellar's grandmother Lynette Nixon said her family want answers from the Coronial Inquest in the Steven's death in police custody.

The inquest is expected to run until Thursday and will hear from the arresting officers Constable Smart, Senior Constable Giuliano and Senior Constable Colman.

It will also hear specialist evidence from the QPS Ethical Standards Command investigating officer Detective Sergeant Parker, Use of Force Reviewer Sergeant Donnelly, QAS medical director Dr Rashford, forensic pathologist Dr Day and an expert witness in respect of the lateral vascular neck restraint.

Queensland Police Union president Ian Leavers is also expected to give evidence in support of the general use of the LVNR.

The inquest will look at whether the police officers involved complied with the Queensland Police Service policies and procedures then in force, whether their training was appropriate in respect to the LVNR.

The LVNR has since been restricted as a use of force option and may only be used as a last resort, if police fear for their lives, the lives of others.

Prior to the inquest, Mr Nixon-McKellar’s family, friends and supporters held a rally and smoking ceremony on the steps of the Toowoomba Courthouse.

The inquest will look at five key areas arising from the tragic death of Mr Nixon-McKellar, namely:

1. The findings required by s 45(2) of the Coroners Act 2003; namely the identity of the deceased, when, where, and how, he died and what caused his death;

State Coroner Terry Ryan

2. The circumstances surrounding the death including: a) what, if any arrangements were made to transition Mr Nixon-McKellar’s mental health treatment and care from the PMHS to a community mental health service and when he was released on parole on July 21 2021; b) what, if any conditions, was Mr Nixon-McKellar subject to under a Treatment Authority, when he was released on parole on July 21 2021, and whether or not Mr Nixon-McKellar was compliant with those conditions; c) what, if any engagement with illicit substance diversion programs Mr Nixon-McKellar was offered when he was released on parole on July 21 2021; and what, if any conditions, was Mr Nixon-McKellar subject to under his parole order (including random testing for illicit substances), and whether or not Mr Nixon-McKellar was compliant with those conditions;

3. Whether the police officers involved, on October 7 2021, complied with the Queensland Police Service policies and procedures then in force;

4. Whether the training provided to police officers to respond to the incident was appropriate, including: a) the training provided to police officers in respect of the Lateral Vascular Neck Restraint; and b) what is the current training provided to police officers in respect of the Lateral Vascular Neck Restraint;

5. Whether any preventative recommendations might be made that could reduce the likelihood of deaths occurring in similar circumstances or otherwise contribute to public health and safety or the administration of justice.