An inquest is planned to investigate the circumstances surrounding the death of a man during a confrontation with RCMP in Whistler, B.C., more than four years ago.
Jason Elwyn Koehler, who was 47 and owned a business in the community, died on March 8, 2020, after police officers tasered, pepper-sprayed, punched and hit him with a baton while trying to arrest him at a Whistler Village restaurant.
The province’s police watchdog, the Independent Investigations Office of BC, ruled that police did not use excessive force and found no reason to believe the officers involved had committed any criminal offense in connection with his death.
The coroner’s investigation is mandatory for all deaths that occur while a person is in police custody or custody.
The inquest will attempt to determine the facts surrounding Koehler’s death and a jury will be tasked with classifying it – as accidental, manslaughter, natural, suicide or undetermined – and making recommendations to prevent future deaths under similar circumstances .
The interaction began when staff reported themselves to police. Koehler was drunk and causing a disturbance.
According to the IIO reportwhich was compiled from statements from several witnesses and surveillance video, the police interaction began quietly, and an officer took Koehler’s ID and asked him to come outside, but he refused.
About two minutes later, Koehler grabbed the ID from the officer’s hand, and the officer went to grab him. A violent fight “immediately” ensued between Koehler and three officers, who struggled to control him.
According to the report, Koehler threw the officers off him, threw a table and chairs in their direction and repeatedly refused to stand on the ground, saying it would kill him. The officers tased him several times, but time and time again they were unable to subdue him.
After a fourth officer arrived in support and more struggles ensued, police eventually left Koehler lying on his stomach on the ground when he reportedly “went limp.”
The officers began CPR until firefighters and paramedics arrived. Koehler was taken to the hospital, where he was pronounced dead.
A toxicology test showed he had cocaine, methamphetamine, TCH metabolite and naloxone in his system. Koehler’s autopsy revealed that his cause of death was the combined effect of drug toxicity, dilated cardiomyopathy, and struggling during physical restraint.
“Although significant force was used against (Koehler) during the arrest, in the form of (conducted energy weapons), (pepper spray) and beatings, the need for that level of force was created by (his) own violent resistance,” concluded former IIO director Ronald MacDonald in the report.
“There is no evidence that this use of force caused or contributed to (Koehler’s) death – or even caused any significant injury,” he continued. “(Koehler) suffered from numerous serious health problems and was still in danger due to his use of narcotics, but the officers charged with resolving the situation and arresting him could not have been expected to foresee that the struggle to achieve that ends in his death.”
The inquest will begin at 9:30 a.m. on December 2 in the Burnaby Coroner’s Court, presided over by Kimberly Isbister. The jury hears witnesses and determines the facts surrounding the death and can make recommendations, but cannot rule on the legal liability of any party involved.