Nova Scotia judge reserves sentencing decision in Halifax jail cell death case

A Nova Scotia Supreme Court justice has reserved his decision in the case of two Halifax Regional Police special constables convicted of criminal negligence causing death.

Dan Fraser and Cheryl Gardner were found guilty in a jury trial that ended in November 2019. Like almost every other court proceeding recently, their sentencing was postponed by the COVID-19 pandemic.

Corey Rogers, 41, died in a cell at Halifax police headquarters in 2016. He had been arrested for public intoxication and one of the arresting officers placed a spit hood over the lower half of his face.

The hood was not removed and Rogers died of asphyxiation, choking on his own vomit.

Crown seeks sentences of 2 years in prison

In his sentencing argument, Crown prosecutor Chris Vanderhooft said Gardner and Fraser each deserve a sentence of two years in prison. Vanderhooft, who was brought in from Manitoba to avoid any appearance of bias by local Crowns, said a lot has changed since the trial.

He cited the death of George Floyd in Minneapolis and the resulting intense public outcry about police misconduct.

Vanderhooft also dismissed defence concerns about the risk of contracting COVID-19 in custody, saying there are no cases in any provincial jails in Nova Scotia and no active cases of the coronavirus anywhere in the province.

He pointed out that courts have already addressed the risks posed by COVID-19 and determined it should not be a factor in whether someone gets a jail sentence.

Justice Kevin Coady asked Vanderhooft whether Gardner and Fraser were simply "low-hanging fruit" of a large group of people who failed Corey Rogers the night he died. Vanderhooft said there's no question others failed Rogers, but the two constables failed in their duty to follow the rules and take proper care of him.

Lawyers for Fraser and Gardner said it is possible to send a message of deterrence without sending the two constables to prison. They pointed out that neither had any prior convictions and both suffered depression, anxiety and other health problems. Fraser has post-traumatic stress disorder (PTSD), but lawyer David Bright said it was because of his overall work as a jail guard and not due to this specific case.

Jeannette Rogers, Corey's mother, told the court in her victim impact statement that she also suffers from PTSD and hers was caused by the death of her son. She said her son was an alcoholic, which is an illness, not a crime and that he did not deserve a death sentence. She said her heart "broke into a million pieces" when she learned of his death and she said it will never be whole again.

Sentencing to take place Monday

Jeannette Rogers said she initially could not afford a proper headstone for his grave and instead placed a granite rock she found on the beach at his final resting place.

Corey Rogers was arrested outside the IWK Children's hospital after attempting to get in to see his newborn daughter. Jeannette Rogers said that daughter is growing up without knowing her father.

The judge will hand down his sentencing decision on Monday afternoon. It will be live streamed on the court's website.

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