The family of an Exeter church caretaker who died in police custody say they have lost faith in the police and legal system after two years passed without any charges being brought.
Thomas Orchard, who worked at St Thomas Church in Exeter, died at the age of 32 following his arrest in the city centre on October 3, 2012, on suspicion of a public order offence.
He was detained, restrained and taken to Exeter police station where an 'Emergency Response Belt' was applied across his face as a spit/bite hood. He was subsequently found unconscious in his cell and taken to hospital where he died several days later.
Mr Orchard, who suffered from schizophrenia, died at the Royal Devon and Exeter Hospital on October 10. The two-year anniversary is tomorrow.
His death his being investigated by the Independent Police Complaints Commission (IPCC) which has submitted a file of evidence to the Crown Prosecution Service (CPS).
The IPCC confirmed that Mr Orchard had suffered "serious head injuries" and also recommended that Devon and Cornwall Police suspend those involved in the incident, but the force instead placed the individuals on restricted duties.
The relatives of Thomas, including his parents, have viewed footage of his death describing it as "harrowing" but a "necessary part of the grieving process."
Mr Orchard's relatives revealed their anguish in a statement, saying their faith in the police and the legal system has been "severely undermined".
Alison Orchard, Thomas' mother, added: "It would be easy to feel powerless, naive and overwhelmed in the face of this struggle.
"The constant fight to get information is exhausting. But we are determined to get to the truth and to get justice for our much loved son and brother – no matter how long it takes us".
The IPCC has asked the CPS to consider charging four police officers, two custody staff and an agency nurse.
It is understood the charges under consideration are manslaughter by criminal activity, manslaughter by gross negligence and corporate manslaughter.
Other possible charges include misconduct in public office, perverting the course of justice as well as a number of health and safety offences.
Associate Commissioner Tom Milsom said he was aware how "distressing" the delay was for the family, adding: "I have kept them updated regularly about the progress of the investigation and met with them last week".
"Following receipt of our file of evidence, the CPS requested more information from the IPCC and further investigative work has been undertaken. The additional work carried out by the IPCC has been largely concluded.
"The work being conducted in conjunction with the Health and Safety Executive examining Devon and Cornwall Police's historic use of restraint belts in custody remains outstanding but is nearing completion."
The IPCC has now written to all chief constables across England and Wales and "expressed concern" at the use of the emergency restraint belt as a spit hood because it "posed a risk to individuals".
Devon and Cornwall Police no longer uses emergency restraint belts as a spit hood or around the head.
Deputy Chief Constable Bill Skelly added: "We are acutely aware of the family's frustrations and continue to co-operate fully with the IPCC."
Police and Crime Commissioner (PCC) Tony Hogg said: "The responsible authorities have taken too long to come to a conclusion in this dreadful case.
"I trust that they will shortly come to a conclusion so that appropriate action can be taken, if necessary."
In July 2013 it was revealed more people died in or following custody with Devon and Cornwall police than any other force in the country.
An Independent Police Complaints Commission report said there were three custody deaths in 2012/13, the highest in England and Wales.
There were 10 deaths following all Devon and Cornwall Police contact, including suicides.
At the time the force said it was "keen to learn the lessons from such incidents".
Sister of Thomas Orchard talks of her struggle at rally last year:
