CT police in-custody death ruled suicide; officers cleared of wrongdoing

Police have been cleared of any wrongdoing following an investigation into the death of a man who died by suicide while in a holding cell at the South Windsor Police Department last December, the Connecticut Office of Inspector General has ruled.

A report by Inspector General Robert Devlin Jr. said 55-year-old Kevin Doherty died on Dec. 26, 2022, after putting two socks and a torn piece of pajamas down his throat while in a holding cell awaiting arraignment on domestic violence charges over the long holiday weekend.

Devlin’s investigation found that Doherty being tasered by police when he was taken into custody three days before his death did not contribute to his death in any way.

“The investigation establishes that Doherty committed suicide and his death was not due to a peace officer’s use of force against him nor from any other criminal action,” Devlin wrote.

According to Devlin’s report, South Windsor police responded to a home on Berry Patch Road on Dec. 23, 2022, just before 6 p.m. when a woman reported that her son, Doherty, was intoxicated and out of control. Police allege that Doherty had assaulted his 85-year-old mother, causing a nosebleed, the report said.

While taking Doherty into custody, he reportedly became agitated and resisted attempts by officers to take him into custody, according to the report. One officer used a taser against Doherty’s calf to get him to comply so he could be handcuffed, Devlin wrote.

“Officers used a minimal amount of physical force to take Doherty into custody during his arrest, which he resisted,” Devlin wrote in his findings. “Police officers applied no additional force against Doherty during the time he was in their custody. Doherty’s death was caused by his suicide and not due to any criminal action.”

Inspector General to investigate death of man in South Windsor police custody

Following his arrest, Doherty was unable to post $250,000 bail despite contacting a bondsman and was held in custody pending an arraignment hearing. The next business day when he could have been arraigned was Dec. 27, 2022.

During the first night Doherty was held he was seen dry heaving over the holding cell toilet and his face was red, the report said. An officer asked if Doherty needed medical attention and he called an ambulance after Doherty said yes.

Doherty was then taken to Rockville General Hospital, where he was initially considered a “high risk” for suicide and was reportedly diagnosed with COVID-19, alcohol intoxication and depression, according to Devlin’s report. He reportedly told at least one doctor that he wanted to go home to Massachusetts and kill himself by jumping in front of a train, the report said.

Medical staff told police Doherty would need to see a crisis team. The following morning, Doherty’s suicide risk classification was changed to “moderate” after he was evaluated by a licensed clinical social worker who conducted a psychiatric evaluation and consulted with an on-call psychiatrist, the latter of whom recommended he be discharged to police custody, according to the report.

Following the evaluation, the social worker noted that Doherty “appears to be seeking hospital admission as secondary gains to avoid jail,” according to Devlin’s report.

“Though patient presents risk factors of age, gender, (alcohol) use, depression, and anxiety, (suicidal ideations), he does not appear to be an imminent risk of harm to self and others at this time and is to be discharged back into police custody,” the social worker wrote in her report, according to Devlin. “Spoke with officer present in emergency department who confirms safety checks will be in place and other precautionary measures.”

The crisis consultation was completed at 2:30 p.m. on Dec. 24, 2022, and Doherty was discharged from the hospital back into police custody 10 minutes later, according to Devlin’s report.

In a footnote in his report, Devlin wrote, “Hospital staff perhaps improvidently downgraded Doherty’s suicide risk assessment from high to moderate, opting to discharge him back into police custody on Christmas Eve instead of holding him for further treatment.”

Devlin’s examination of the Prisoner Check Report logs at the South Windsor Police Department found that Doherty was observed at various intervals, some as short as three minutes, and some as long as 90 minutes.

About two hours after being discharged from the hospital, police reportedly found him shoving toilet paper in his throat and trying to make himself gag or vomit, the report said. Then, on Christmas Day at 9:40 a.m., he again reportedly tore off pieces of toilet paper and began gagging on them.

In each instance, the report states that officers intervened and removed the toilet paper from Doherty’s cell. An officer during one of the instances asked Doherty why he was putting toilet paper in his mouth and he said it was “because I’m nauseous,” Devlin wrote.

The day after Christmas, a police dispatcher monitoring Doherty’s cell reported just after 12:20 p.m. that he appeared to be lying under the bench. Officers who went to the cell found Doherty on his back with his legs sticking out of the cell bars, which initially stopped police from being able to open the door, the report said.

After moving his legs out of the way, police dragged Doherty to the main booking area, where there was more space, and detected a faint pulse, but he was not breathing, according to the report. After “several moments,” police could no longer detect a pulse and began CPR.

While attempting to clear his airway, an officer saw something yellow in Doherty’s throat, Devlin wrote. He reached into his mouth and removed a yellow sock and a blue piece of the pajamas Doherty had been given, the report said.

Police said Doherty’s airway appeared to remain obstructed before an ambulance crew arrived at 12:31 p.m. Medics were able to remove a second sock from Doherty’s throat with a pair of forceps. Medics continued CPR in the booking area before taking Doherty to Manchester Memorial Hospital, where he arrived at 1:10 p.m., Devlin wrote.

Hospital staff continued lifesaving efforts before pronouncing Doherty dead at 1:29 p.m., according to Devlin’s report.

A review of the camera footage from Doherty’s cell showed that, while on the bed, he appeared to move his arms in front of his face at one point before standing up and moving to the floor. As he did so, a yellow object and a “smaller bluish-white” object could be seen hanging out of his mouth, Devlin wrote.

Doherty then lay down on the floor, covered his head and torso with a blanket and moved his upper body under the bed, at which point his body over the next minute could be seen squirming slowly before it “thrashes a bit” and stopped moving, Devlin wrote. The first officer arrived at the cell to help about two and a half minutes later, according to Devlin’s review of the footage.

The Office of the Chief Medical Examiner later confirmed Doherty died by suicide caused by asphyxia due to upper airway obstruction by a foreign body, the report said.

“Doherty’s death was caused by his suicide and not due to any criminal action,” Devlin wrote in his analysis.

“The investigation establishes that the South Windsor Police Department used reasonable force in taking Kevin Doherty into custody,” Devlin concluded. “That force had nothing to do with his death and there was no criminal action related to the cause of his death. Accordingly, the Office of Inspector General will take no further action in this case.”

Doherty was a graduate of Bishop Fenwick High School in Peabody, Massachusetts, and Merrimack College, according to his obituary.  He was survived by his mother, sister and niece, as well as multiple nephews, cousins and several aunts and uncles, the obituary said.

Doherty was laid to rest in the Puritan Lawn Cemetery in Massachusetts, according to a Facebook post made by his sister.