The death of Andrew McCleary, who passed away after being restrained by Bedfordshire police and East of England Ambulance Service on May 29, 2021, has been ruled as an unlawful killing by a jury. The 34-year-old had called emergency services after experiencing heart palpitations due to cocaine use but later refused hospital treatment.

The inquest heard that officers, along with ambulance staff, attempted to persuade McCleary to voluntarily go to the hospital for over 40 minutes. However, when he refused, they restrained him under the Mental Capacity Act (MCA), despite failing to establish that he lacked capacity to make the decision for himself. The jury found that the criteria for using force under the MCA had not been met, and the involved parties failed to apply or understand the criteria correctly.

McCleary's resistance to the unlawful restraint led to escalating use of force by police and ambulance personnel. Officers took him to the ground, handcuffed him, and applied a spit-hood and leg restraints. Throughout the ordeal, McCleary repeatedly stated that he could not breathe and objected to the force being used on him. After 18 minutes of restraint by five officers and three ambulance staff, McCleary was placed on a stretcher and loaded into an ambulance.

Despite the restraint being justified to get McCleary medical attention for his heart condition, ambulance staff failed to monitor his heart rate or other vital signs. Five minutes after being placed in the ambulance, McCleary was found unresponsive and in cardiac arrest. Efforts to resuscitate him were unsuccessful, and he was pronounced dead on May 30, 2021.

During the inquest, it was revealed that the cause of death was a combination of cocaine use and the physical and psychological impact of the restraint. Dr. Soar, an intensivist, testified that prolonged restraint increased the strain on McCleary’s heart, which contributed to his cardiac arrest.

The jury found that police and ambulance staff "failed to take reasonable steps to establish that Andrew was lacking in capacity as defined in the MCA." Additionally, there was no collaborative plan or risk assessment prior to restraining McCleary. The use of force, which was intended to ensure he received medical treatment for his heart condition, became a contributing factor in his death.

Andrew’s daughter, Tye McCleary, expressed gratitude for the Coroner, jury, and legal team who helped achieve justice for her father. "Nothing will bring my dad back, but the jury’s conclusion of unlawful killing has given him the justice he deserves," she said.

Elliot Bannister, from the legal team representing McCleary's family, highlighted the disproportionate use of force. "The use of restraint to get him to the hospital for treatment for his heart was clearly disproportionate given the known risks restraint poses of cardiac arrest," he said. Bannister also pointed to the broader issue of excessive and dangerous force used against Black men without lawful or rational justification.

The tragic incident has once again raised questions about the use of restraint by law enforcement and emergency services, particularly in situations where individuals are not posing a threat to themselves or others. The jury's ruling of unlawful killing is seen as a significant step toward accountability and highlights the need for changes in how force is used, particularly under the Mental Capacity Act.

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