A young father who said he was unable to breathe seven times while being immobilized by Metrolink contract personnel was illegally killed, the coroner concludes.

A young father who died after being immobilized by staff hired by Metrolink in Manchester city center was illegally murdered, a coroner concluded.

Jack Barnes, 29, said ‘I can’t breathe’ five times and ‘let me breathe’ twice when he was pinned head-on after getting involved in an altercation.

While immobilized outside the Australasia restaurant on Deansgate, the father of one suffered cardiac arrest.

He was taken to hospital, but died seven weeks later after suffering a hypoxic ischemic brain injury, caused by a lack of blood flow or oxygen.

In an investigation at the Manchester Royal Exchange, Senior Coroner Nigel Meadows concluded that the four men who participated in the restraint process acted with “excessive” and “unreasonable” force.

He said they were “overstimulated,” “losing self-control” and “getting carried away by the bravado of the persecution.”

His actions amounted to the unlawful murder of Barnes, Meadows said.

The investigation heard that Barnes moved to Manchester from Hull in April 2016, staying at various addresses throughout the city.

On October 11, 2016, he spent the day traveling through Manchester with three friends: Craig Nevitt, 22; Kamal Kershaw, 21 years old; and a 17 year old boy.

At around 8.15pm, Metrolink Customer Service Representative (CSR) Stephen Hedges saw the group. They were smoking what he believed to be illicit drugs, the court heard.

Toxicological evidence revealed that Barnes had traces of synthetic cannabinoids (Spice) in his system at the time of his death.

Mr. Hedges said in the investigation that he approached the group and asked them to stop smoking, warning that he would contact the police if they did not.

At around 11.30pm, Mr. Barnes and the other men were seen at Manchester Victoria station.

The court heard that Mr. Hedges was accompanied by Stephen Rowlands and Matt Sellars, who had been supplied to Metrolink by Palladium Associates.

Rowlands was a former police officer and had been acting as a customer service supervisor that night, the court heard.

The men were hired by Metrolink on their own. His role included checking tickets, ensuring customer safety and reporting antisocial behavior.

The men had received limited training, which included a “stay away” policy, meaning that they should call the police if they faced the threat of violence.

The investigation heard that Mr. Barnes became aggressive towards staff. Apparently, she swung her drawstring bag towards them and hit Mr. Hedges.

A member of the group was detained on the ground, while Mr. Barnes and Mr. Nevitt fled, the court heard.

Rowlands, Sellars and two other representatives hired by Metrolink, Brian Gartside and Paul Forgarty, pursued them until they reached Australasia.

Meadows said the four men violated the company’s “walk away” policy when they made the decision to go after Barnes and Nevitt without informing police.

Rowlands told the court that Sellars suggested that the group remove their high-visibility jackets while chasing them, so they “don’t stand out.”

Sellars was caught in his own body camera footage saying, “We get this shit though. I don’t care. He just hit Steve over the head with that bag.

“Watch out because they might have other weapons. He’s a bastard. Don’t cross. Where are you going? Go on. Paul, Paul, Paul. Keep running guys.”

Later, when the group caught up with Mr. Barnes and Mr. Nevitt, Mr. Sellars said, “Come on, Brian. We’ll catch him now. Get him. Get him.”

Meadows said that at the time, the four men – Mr. Gartside, Mr. Rowlands, Mr. Sellars and Mr. Fogart – were “overstimulated”, were “losing self-control” and “were getting carried away by the bravado of the persecution. “

In giving evidence, Mr. Gartside previously told the court: “I ran towards both men. [Mr Barnes] then he took a step towards me. I was afraid he might try to attack me. “

The court heard that Mr. Barnes had not confronted Mr. Gartside, was standing and was visibly out of breath.

“I put both of my hands around his arms. I held both of his elbows firmly to keep him from attacking me,” Gartside said.

“When he began to resist my grip and move away from me, I made the decision to put him on the ground.

“I used my right hand to twist this man’s left arm behind his back. Then I put my right hand on his chest.”

The court heard that none of the four men had received training to restrain people as part of their duties.

Body camera images, from a device used by Sellars, indicated that once Barnes was placed in a prone position, he repeatedly said he could not breathe.

At one point, Barnes said, “Help me breathe. Please help me breathe.”

He continued, “Can I just put my arm out?”

Mr. Sellars replied, “No, no, no. You used a weapon against a staff member. Your hand is going nowhere. Do you understand?”

Mr. Rowlands, who went to help restrain Mr. Barnes, said, “I’ll tell you what, I’ll just kick him out.

“I’m going to get you out now, friend. Okay? If you fight, I’ll put you to sleep. I won’t kill you, I won’t kill you, but you will sleep for a while.”

Mr. Meadows concluded that Mr. Rowlands deliberately applied pressure to Mr. Barnes’s neck to render him unconscious.

He said these actions were “dangerous” and that Mr. Barnes went into cardiac arrest several minutes before anyone knew it.

The court heard that Rowlands finally noticed that Barnes had kept quiet.

Sellars said he believed Barnes had been lying on his chest for about six to seven minutes.

Rowlands told the hearing: “The man was constantly trying to put his hand in his left pocket. I was worried he had a gun there.”

“The male was continually yelling at me to get off him, along with numerous other threats.”

“I could tell the male was silent. I knew that didn’t seem right. I felt his neck for a pulse, but couldn’t get it.

“I asked Paul [Fogarty] to try to confirm it. He didn’t feel a pulse either. “

Mr. Gartside added: “I saw that he was lying on his back and Stephen was kneeling next to him and giving him CPR.”

Body camera footage appeared to show Mr. Gartside asking Mr. Nevitt, who had also been immobilized, if Mr. Barnes had taken any drugs.

Mr. Nevitt yelled, “Jack. They’ve fucking killed him. Get the fucking shit off me now. The fucking fucks. * Off him. Jack.”

The group stopped an ambulance and paramedics treated Mr. Barnes.

He was taken to Manchester Royal Infirmary, where he remained until November 17.

The court heard that he had suffered frequent “visually obvious” seizures and several episodes of ventilator-associated pneumonia.

A brain scan was consistent with him suffering from hypoxic ischemic brain injury, brain damage caused by a lack of oxygen or blood flow.

He was later transferred to a hospital in Hull, where his condition continued to deteriorate until he passed away on December 2.

Cardiologist Dr. Stephen Saltissi said he believed Barnes had suffered cardiac arrest “while undergoing immobilization in the prone position.”

“In my opinion, considering the odds, Jack’s fatal cardiac arrest occurred when it happened due to the combined effects of prone restraint, acute mental stress reaction, significant physical exertion, and the effects of recent use of Spice.” , He said. .

“Cardiac arrest occurred when Mr. Fogarty and Mr. Rowlands restrained him and he repeatedly said ‘I’m out of breath.’

Mr. Meadows concluded that Mr. Barnes died of bronchopneumonia, caused by hypoxic brain injury after cardiac arrest, contributed to by physical exertion; prolonged and unreasonable restriction; pressure in the neck; and the consumption of synthetic cannabinoids.

It said the use of force by Gartside and Sellars was “excessive” and “unreasonable” and that the use of force by Rowalnds, in combination with Fogarty, was “extremely excessive” and “unreasonable.”

“When Jack indicated he couldn’t breathe, he could have and should have sat down,” Meadows said.

“I find that these actions were illegal.

“Mr. Sellars overheard Mr. Rowlands say he was going to kick Jack out. Mr. Sellars did nothing to prevent that from happening and Mr. Fogarty helped hold Jack down.

“Rowlands and Fogarty’s actions were illegal and deliberate.

“Jack was killed by wrongful death by a person or joint venture.”

After the hearing, Barnes’s mother, Patricia Gerrard, said: “If there was ever a problem, he would run away and never harm anyone.

“Jack was a very loving child and very deserving of life. Those who knew him loved him. Losing him is the cruelest thing that ever happened to us as a family.

“He was taken from us at 29 and that devastated us. Not only did we lose our beautiful son, my children Samantha, Lee and Stephen lost their beloved brother.

“From day one I’ve said that the people involved should be brought to justice for what they did to Jack.

“If this had been the other way around, my Jack would have been sent to prison, of that I am sure. He should be here with us and watch his beautiful daughter grow up.

“How can anyone justify ignoring someone’s repeated pleas to be allowed to breathe?

“It is absolutely appalling and the actions of these men are the reason why Jack is no longer here and can no longer see his little girl, who was only three years old when she died.

“I hold everyone responsible.

“He ran more than half a mile. They have never asked for forgiveness.”

Ms. Gerrard was represented by Attorney Lauren Dale of Hudgell Solicitors and Attorney Frederick Powell of Doughty Street Chambers in the investigation.

Ms. Dale said: “Jack’s family, particularly his sister Sam, have found the viewing of the video heartbreaking. His mother has not yet been able to do so to this day.

“We want to thank the coroner on behalf of Jack’s family for the extremely thorough manner in which he has conducted this investigation.

“That’s understandable given what she knows her son says and the responses given by the CSRs. They show no concern for his well-being and were completely reckless about Jack’s health.

“The family was further hurt by what they saw as a lack of compassion on the part of the four men during the investigation.

“Dice [the coroners’] findings, we will now consider our next steps in seeking justice for Jack. “

TfGM CEO Eamonn Boylan said: “First, I would like to express my deepest condolences to the Jack Barnes family.

“This was a deeply disturbing and tragic incident and we have worked closely with both the Greater Manchester Police (GMP) and the coroner’s office to ensure that all the facts surrounding Jack’s death are fully investigated.

“There were clear policies and training in place at the time of the incident, which were completely ignored by those involved that night.

“The coroner has been clear in his findings and given the potential for this matter to be further reviewed, it would not be appropriate to add anything more at this time.”