Edson Da Costa: Young father restrained by police died by 'misadventure' after putting drugs in mouth, inquest finds
'Edir did not deserve to die in the way that he did and we will forever feel that if things had been done differently his life may have been saved'
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The death of a man who was restrained by police in London was caused by “misadventure” after he put 88 wraps of drugs in his mouth, an inquest has found.
Edir Federico Da Costa, a 25-year-old father, died six days after the vehicle he was travelling in was pulled over by five plain-clothed officers on 15 June last year.
Walthamstow Coroner's Court heard that Mr Da Costa, known as Edson, was restrained on the ground during a search.
He was put face-down in the “prone” position, with his arms handcuffed behind his back, hit twice and sprayed with CS gas.
During the restraint, dozens of drug wraps were seen on the ground near his mouth, the court heard.
Mr Da Costa became unresponsive, was placed in the recovery position and armed officers started CPR while an officer radioed for an ambulance at 10.05pm.
But a Metropolitan Police call handler initially gave the London Ambulance Service an incorrect address directing them to Surrey rather than Beckton, and delayed their arrival.
Paramedics arrived at 10.18pm and took over resuscitation attempts, removing a plastic bag containing wraps of drugs from his airway.
Mr Da Costa died in Newham University Hospital on 21 June after a period in intensive care, sparking angry protests in London.
The inquest jury concluded on Thursday that he had placed 88 wraps containing class A drugs in his mouth at some point before or after getting out of the car.
“Mr Da Costa died from the consequences of cardiorespiratory arrest suffered when his upper airway became obstructed by a plastic bag containing drugs which he had placed in his mouth,” read the majority verdict, which followed almost five weeks of hearings and two days of deliberations.
They acknowledged that the ambulance service had initially been given the wrong address by police, but said the delay had not contributed to the outcome.
At the beginning of deliberations, senior coroner Nadia Persaud told jurors that there was no legal or factual basis for reaching a conclusion which was critical of the police, in light of all the evidence presented to the inquest.
Mr Da Costa, who was born in Portugal but moved with his family to London aged five, worked as a car trader and had a number of criminal convictions, including for burglary, theft and possession of cocaine.
His father, Ginario Da Costa, said hearing the details of his son’s last moments had been an “extremely traumatic experience” that the family will never be able to erase from our minds.
“We cannot help but wonder whether Edir would still be here had the police identified the risk of Edir choking earlier and taken steps to help him,” he added.
“Edir’s passing has left a huge hole in all of our lives. Seeing him with his little boy made me so proud, but now his son will have to grow up without his father. Losing Edir has broken my heart and I have still not come to terms with his death.
“Edir did not deserve to die in the way that he did and we will forever feel that if things had been done differently his life may have been saved.”
The coroner said she would consider issues raised during the inquest, including guidance for police staff on the risk of suspects choking, and the passing of information from the police control room to the ambulance service, for a prevention of future deaths report.
The Inquest charity, which supported the family, said Mr Da Costa was one of five young black men who died after police restraint within a six-month period.
Director Deborah Coles accused police lawyers of creating a “hostile environment” at the inquest and narrowing lines of inquiry.
“This unduly adversarial approach must not be tolerated as it fundamentally undermines the ability of an inquest to seek the truth to prevent future deaths,” she added.
A lawyer who represented the family said the case had revealed concerns over how police respond to suspects who put items in their mouths.
Susie Labinjoh, the head of civil liberties at Hodge and Allen, said: “Officers should be taught not to assume that a person is resisting arrest when there is a risk that they are struggling because their breathing has been restricted.
“It is clear from the evidence that a great deal needs to be done, both with officers on the street and those in the control room, to ensure tragedies like this do not happen again.”
The Independent Office for Police Conduct (IOPC) issued recommendations to Scotland Yard and the College of Policing – which draws up policy for forces across England and Wales - following Mr Da Costa’s death.
The watchdog found a lack of guidance on using CS spray on people suspected of hiding items in their mouths, as well as inconsistencies in about how to conduct mouth searches.
The Metropolitan Police requested a medical review of tactics, which has been incorporated into new national guidance.
“The fact Mr Da Costa sadly died in this incident demonstrates the huge dangers in trying to conceal items in this way from police and the potentially fatal consequences,” said IOPC regional director Sal Naseem.
“It is critical we share the insights we gain from our investigations and consider what can be done to prevent such incidents from occurring in the future.”
The Metropolitan Police said the IOPC found no evidence of gross misconduct by the police officers involved, but four officers were disciplined internally.
Scotland Yard said it worked on a national review of practice for suspects who hide items in their mouths and is incorporating new guidance from the College of Policing into safety training.
Commander Dave Musker said: “The death of anyone after involvement with police is of course a matter of regret and we welcome the range of independent processes that exist to provide full scrutiny of the facts. Our thoughts and sympathies remain with Mr Da Costa’s family and friends for their loss.”