THE brother of a man who died after a restraint was tied across his face in police custody has welcomed the charges being considered against the officers involved.
The Crown Prosecution Service has told the family of Thomas Orchard they are considering charges ranging from manslaughter by an unlawful act, manslaughter by gross negligence, corporate manslaughter, perverting the course of justice and misconduct in a public office.
No decisions have been made and the family said they are not expecting to be told until January.
But they said they were bracing themselves for a "horrendous" fight for justice.
Thomas Orchard died a year ago at the age of 32 after the restraint was placed across his face at Heavitree Road Police station following his arrest in the city centre. The church caretaker and diagnosed schizophrenic bound in handcuffs and leg restraints when he was taken into a cell.
He lost consciousness half an hour later and despite being placed in an induced coma he never recovered.
His brother Jack Orchard said: "The CPS have now released to us which charges they are considering at the moment against the officers and the staff involved.
"We are obviously pleased to see the serious nature of the offences that are being considered. We feel this is justified because of the serious nature of what happened to my brother, his treatment and his death.
"We have been told that we are not likely to hear about any decision until the end of January. All we can do in the meantime is keep the pressure on to get justice for my brother. We are in the lap of the gods waiting to hear back from the CPS and until that time we are just waiting and seeing."
Charges are being considered against four police officers, two custody staff and an agency nurse.
Mr Orchard
Leaked documents have now revealed that an emergency response belt, designed to restrict the movements of violent prisoners was used on him to prevent "spitting and biting".
The Independent Police Complaints Commission has now passed its findings on to the CPS.
It has also sent a file to the Health and Safety Executive asking it to consider a corporate prosecution against Devon & Cornwall Constabulary.
A post-mortem examination recorded the cause of his death was "related to asphyxiation".
Deborah Coles, co-director of Inquest, which offers advice to families of people who die in custody, said it was one of the worst cases the group had dealt with in 30 years.
Assistant Chief Constable Andy Bickley said: "Devon and Cornwall Police continue to co-operate fully with the IPCC who are independently investigating Thomas Orchard's death.
"They are currently awaiting a decision from the CPS on how the matter will progress.
"It is difficult for the Force to comment further at this stage due to the IPCC involvement, however we await news from them.
"Following this incident the Force has assisted the IPCC where ever possible in gathering information regarding their enquiry.
"Supporting our staff remains of critical importance and those staff concerned remain at work on restricted duties which do not impact or prejudice the investigation in any way.
"It's important to note that no-one has been criminally charged in relation to Mr Orchard's death and this investigation remains on going.
"The staff concerned have been moved to temporary roles which do not have direct contact with the public and are outside of custody. This follows Home Office guidance around the suspension of officers."
