Racist joke sparked Indigenous inmate’s death: Ahmo lawsuit By: Erik Pindera Posted: 7:00 PM CST Monday, Feb. 13, 2023

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This article was published 13/02/2023 (937 days ago), so information in it may no longer be current.

William Walter Ahmo was alone in a common area in the Headingley jail when correctional officers pepper sprayed him before a team in riot gear “swarmed and pinned him,” beating the man with batons until he was unconscious, a lawsuit alleges.

Ahmo, 45, and a member of Sagkeeng First Nation, was airlifted Feb. 7, 2021, to Health Sciences Centre in Winnipeg. He never regained consciousness and died a week later.

The lawsuit — filed last week in the Manitoba Court of King’s Bench by Toronto-based lawyers Corey Shefman and Chanel Carlson on behalf of Ahmo’s mother — alleges the provincial government and Headingley Correctional Centre guards were negligent and breached their duty of care for the inmate, among other claims of mistreatment and racism.

The lawsuit is seeking unspecified damages for Ahmo’s family for medical, burial and funeral costs, as well as loss of income, damages for the loss of care and companionship, compensation to be determined at trial for the province’s alleged breach of its duty of care, and punitive damages reflecting “callous, heavy-handed and racist treatment.”

The lawsuit names the leader of the corrections team accused of assaulting Ahmo — Robert Jeffrey Morden, who was charged by RCMP in January 2022 with criminal negligence causing death and failing to provide necessaries of life — as a defendant, while the other correctional officers are referred to as John and Jane Doe and persons unknown.

The government and guards have not yet filed statements of defence.

A provincial spokesperson said the government would not comment Monday, as the matter is before the courts.

The lawsuit claims the inmate’s death was sparked by a correctional officer telling a racist joke.

A guard on his rounds approached Ahmo’s cell Feb. 7, and asked if Ahmo and his cellmate wanted to hear it, the suit claims. Without waiting for an answer, the guard then told the men a joke that “trafficked in racist caricatures and stereotypes of Indigenous people as being lazy, poor, unemployed and relying on government handouts.”

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Shortly after, Ahmo’s cell and others were opened for recreation in a common area, according to the suit.

Ahmo went to the inmates’ side of an office for guards and hit the wall with his hand, yelling to the officers he was “sick and tired” of racist treatment and the inmates were treated like animals, the claim says.

The suit alleges he was ignored and continued to yell. He threw furniture around the unit before officers called for the inmates to return to their cells.

Ahmo did not comply, instead continuing to yell about the treatment of inmates, the court document says. He was the only person still in the common area when correctional officers opened a door and pepper sprayed him, the suit claims.

A supervisor then had a brief conversation with Ahmo, before the serious incident response team gathered in a group, wearing body armour and other riot gear, carrying a variety of weapons (including batons, guns, sensory deprivation weapons and pellet guns), according to the lawsuit.

“(The) defendants beat William using their batons, knees, hands and feet, forcing him to the ground. William was completely surrounded and did not leave the ground after he was pinned and swarmed.”–Lawsuit

The inmate was shot with projectiles through a gun-port before about 12 guards forced entry into the common area, where they used flash-bang grenades, the lawsuit alleges.

“(The) defendants beat William using their batons, knees, hands and feet, forcing him to the ground. William was completely surrounded and did not leave the ground after he was pinned and swarmed,” the suit reads.

“(The) defendants did not stop their attack until after they caused William to lose consciousness.”

Ahmo was then carried from the common area into a hallway, where he was given first aid before being taken to hospital, the claim says. He died seven days later.

The RCMP charges against Morden have not been proven in court. A hearing is set for April 6 in Winnipeg. He has pleaded not guilty.

According to the statement of claim, Ahmo’s identity as an Indigenous person was a relevant factor in the events leading to his death, alleging the province has created or allowed to exist a systemically and directly racist environment in the jail.

In an emailed statement, via a lawyer, Darlene Ahmo said she would not comment on the statement of claim in her son’s case.

“We are committed to allowing the criminal prosecution of correctional officer Robert Morden to run its course, and for the full facts of William’s death to be brought to light,” she wrote.

“Our family is committed to seeing justice done for William in both the criminal and civil justice systems.”

The Office of the Chief Medical Examiner has not yet decided whether it will call for an inquest into Ahmo’s death, as the criminal case is before the court, director Kathryn Braun said Monday.

“We ask Manitobans to reserve judgment as the legal proceedings unfold and until all facts are made public.”–MGEU president Kyle Ross

The president of the Manitoba Government and General Employees’ Union, which represents correctional officers, said the union extends its condolences to Ahmo’s family.

“We ask Manitobans to reserve judgment as the legal proceedings unfold and until all facts are made public. What we do know is that in January of 2022, a senior justice official said he believed the officers were ‘acting in good faith’ at the time of the incident. We would also add that no disciplinary measures were taken against any officers,” MGEU president Kyle Ross said in an email.

He added the correctional officers work in a volatile and often dangerous environment, where situations can quickly escalate.

“Officers often must make quick decisions to protect their safety and the safety of their fellow officers and other inmates.”

erik.pindera@freepress.mb.ca

Twitter: @erik_pindera

Erik Pindera
Reporter

Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020.  Read more about Erik.

Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.