Outrageous but unsurprising: Canadian judge tosses case against guards who killed a woman for not wearing a mask

Outrageous but unsurprising: Canadian judge tosses case against guards who killed a woman for not wearing a mask

Toronto hospital security guards killed a woman in March of 2020. For not pulling up a mask while suffering from breathing difficulties.

They were originally charged with manslaughter and criminal negligence, but a judge has tossed the case because … reasons.

There isn’t much dispute about what happened, although one of the guards involved intentionally turned a security camera away from the scene of the crime as it was happening, and another lied to police about what happened. He later was forced to admit to deceiving investigators when he was shown security footage contradicting his statement.

That’s OK though. He apologized, saying “I would have never said the things I said in there if I knew there was a video.” All good, then. That’s some world-class remorse.

The case seems pretty cut and dried. Danielle Stephanie Warriner, who suffered from COPD came to the hospital due to, unsurprisingly, breathing problems. She was admitted to the hospital, and was sitting in a hallway wearing PPE. She had lowered her mask due to her breathing problems. Guards approached her to enforce a mask mandate. She didn’t comply, again presumably because she had trouble breathing.

The guards donned PPE, demanded she don the mask, and then threw her against the wall almost immediately. While claiming that she struck them first, the video shows that this wasn’t true.

Right after throwing her to a wall, a different guard redirects the camera away from the incident, hiding what was happening. He “panicked,” so turning the camera away clearly didn’t show any consciousness of guilt, right?

Witnesses report the guards threw her to the ground, held her there in exactly the same manner that George Floyd was restrained (knee to the back using body weight). Only she had taken no meth or fentanyl. She was a 125-pound woman with breathing difficulties, as she told them.

They handcuffed her while unconscious and kept her restrained using a knee to the back. She stopped breathing. The guards load her into a wheelchair and eventually notice this fact and call for doctors. She subsequently died from her injuries, having never returned to consciousness.

The guards killed her. A women in respiratory distress in a hospital hallway, there to be treated.

Oh, Canada!

The guards were charged and awaiting trial but the Ontario judge made the unusual decision to toss the case, surprising nearly everybody.

Amanda Rojas-Silva, 42, and Shane Hutley, 35, had been charged with manslaughter and criminal negligence in Warriner’s death — charges they denied, saying they used only the force necessary to gain a hold of her.

Now, those charges have been dropped after a judge concluded there wasn’t enough evidence to take the case to trial — a decision CBC News has learned the Crown won’t appeal.

That’s despite the available video footage, two security staff who testified the accused placed weight on her upper body while she was held chest down, a forensic pathologist who testified Warriner would still be alive had she not been restrained that day — and revelations one of the guards admitted he falsely claimed Warriner threw the first punch.

So there is footage of the guards attacking her unprovoked, used excessive force to restrain her, lied about the incident, a pathologist testified that she would have been alive but for their actions, and the video and facts of the case now being used in training as an example of what not to do.

A coroner’s report would conclude Warriner died from a brain injury resulting from a lack of oxygen “due to restraint asphyxia following struggle and exertion,” with her underlying lung disease a possible factor.

“But for her interaction with the Applicants, Ms. Warriner would likely be alive today,” the forensic pathologist testified at the preliminary hearing, according to the Crown.

Lawyers for the accused argued the forensic pathologist lacked the expertise to come to that conclusion.

Still, in quashing the case, Superior Court Justice Sean Dunphy noted, “There is evidence that death could have been the culmination of the factors he described.”

The judge threw out the case. Because COVID hysteria created an environment when such actions are understandable.

Oh, did I say she didn’t have COVID? Nope, she didn’t. She was suffering due to her COPD, not anything transmissible. Of course, in Canada killing off sick people is a positive good, anyway.

It is hard to imagine this decision being made by a judge in the absence of COVID hysteria, and impossible to image the guards’ action without it. COVID brought out the tyrants in people with authoritarian tendencies, empowering them to act out their worst impulses.

With no accountability.

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