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Powell: run over, sprayed with CS gas and allegedly left to die

Cops then took dying Powell to station, not hospital…

The policemen on trial over the custody death of Birmingham man Mikey Powell knew that his situation was deteriorating as they took him to a police station, a court heard.

The jury at Leicester Crown Court heard recorded evidence of the policemen allegedly having a conversation about Powell’s wellbeing while he lay dying. He died after being hit by a police car. Officers then took him to a police station instead of hospital.

Prosecuting barrister Courtenay Griffiths QC said the officers knew that Powell was not in a good condition and they deliberately chose not to take him to hospital. “The CCTV evidence supports that Michael Powell was unconscious and in obvious need of emergency medical treatment by the time the van arrived at the police station,” said Griffiths.

The court heard that the officers did not arrange medical attention for Powell, who had been struck by a police car, sprayed with CS gas and restrained by several officers. The police were called after Powell’s mum became concerned about his behaviour. An incident occurred when the police arrived on the scene and the father of three was taken to a police station before being transported to hospital where he died later that night.

Jurors heard that as the unconscious Powell was brought into custody, an officer said: “He tensed up three or four times in the van.” Another officer was heard denying that Powell was asleep.

GUN

Earlier testimony established that by the time the eight officers arrived on the scene – all of whom pleaded not guilty to charges of misconduct in public office – Powell had already been struck by a patrol car containing two officers. Constables David Hadley and Tim Lewis confessed to having knocked Powell over but said they believed he had a gun on his person.

Ernest Walters, the boyfriend of Mikey’s sister Judith, testified that Powell had broken a window of the patrol car with a belt. The car was turned around to face Powell, at which point it accelerated into the 38-year-old and knocked him over.

Walters said he held the rising Powell in a tight bear hug to prevent him moving towards the car again. According to Walters, it is at this point that the pair rushed from the car, one spraying CS gas and the other lashing out with his truncheon.

Adrian Keeling, representing PC Hadley, one of the officers in the patrol car, said Powell had “placed himself in a collision course with the police car.” He said that Walters was refusing to say anything that would depict Powell in a bad light, an allegation that Walters denied.

Griffiths commented on the officers’ actions: “After the event, they sought to justify this inherently dangerous driving, which caused an obvious risk of serious injury to Powell, claiming they thought he was armed with a gun.”

Powell’s’ sisters Judith and Sharon also gave evidence of how Mikey was then pinned to the ground for over 20 minutes by six to eight officers. Sharon told the court: “I was just in shock. I was upset when I got there. All I remember was that they were on top of him. They were actually leaning down on him. They were there for a while from the time I got there. He should not have been that long on the ground.” Explaining what happened next, she added: “Then they picked him up and carried him in. They shoved him in the van on the floor. I wanted to go with him and they would not let me.”

Judith added: “The police were kneeling down on him. I couldn’t see how they were holding him. I couldn’t see Mikey.” The case continues.

Published: 01 June 2006
Issue: 1220

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