Death in custody inquest: Counsel for family of Steven Lee Nixon-McKellar questions police investigation report

The family of Steven Lee Nixon-McKellar has questioned the findings of an internal police investigation of his death in police custody. Read the latest from the coronial inquest here.

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Counsel for the family of a 27-year-old man who is the subject of a death in police custody inquest in Toowoomba has taken to task a police Ethical Standards Command report exonerating three police officers.

Detective Sergeant Neil Parker was the principal investigator into the police response and actions on the afternoon of October 7, 2021, in relation to the arrest of Steven Lee Nixon-McKellar who died after struggling with police on Stone St, Wilsonton.

Sergeant Parker said he and a team of investigators had attended the scene and under the supervision of Crime and Corruption Commission officers had interviewed the officers involved and reviewed bodyworn and dashcam footage of the incident and statements from experts.

Steven Lee Nixon-McKellar.

Sergeant Parker said during the investigation he was made aware Mr Nixon-McKellar at the time was the subject of a return to prison warrant and that he had been driving a stolen Subaru with number plates belonging to another vehicle which was reported to police at the time by a member of the public.

Two police officers came across the Subaru and pulled in behind and told the occupants to get out.

The passenger walked off but the two officers became involved in a scuffle with Mr Nixon-McKellar, leaving all three involved exhausted before a third officer arrived.

Upon hearing “choke the c--t out, choke him out”, that third officer Senior Constable Tylarr Colman applied a lateral vascular neck restraint (LVNR) and within seconds Mr Nixon-McKellar fell unconscious.

He was soon after observed to have breathing difficulties and went into cardiac arrest and despite CPR he died at the scene.

Asked of his conclusions on the actions of the three police officers who attended the scene that day, Sergeant Parker said he found all had acted appropriately.

“I determined there was no evidence to support any criminal prosecution of any person and I also concluded there was no evidence to support any breach of discipline or misconduct against any police officer regarding the death of Steven,” Sergeant Parker said.

However, counsel for Mr Nixon-McKellar’s family Stewart Levitt questioned the accuracy of Sergeant Parker’s report which the detective said was a summary of the evidence he had investigated.

“So what you do is you take the evidence of the witnesses and create a collage that is most favourable to the police version,” Mr Levitt submitted.

Sergeant Parker replied: “I wouldn’t say that, no”.

“I submit that is what you’ve done here,” Mr Levitt said.

Counsel assisting the coroner Julie Pietzner-Hagan objected to Mr Levitt’s line of questioning, submitting such comments were for written submissions at the conclusion of the taking of evidence.

However, Mr Levitt suggested Sergeant Parker’s report was designed to arrive at a particular conclusion.

“I put it to you, that your report is entirely wrong in all respects in relation to your description of what happened,” he put to Sergeant Parker.

“As I’ve stated, that’s a summary of the evidence I provided and I stand by that,” Sergeant Parker replied.

The inquest before State Coroner Terry Ryan continues on Thursday.