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A security guard who killed a man on the Trinity Western University campus in Langley in 2020 has been found guilty of manslaughter.
Integrated Homicide Investigation Team (IHIT) conducted an investigation into the incident, which took place on Sept. 30, 2020 just before 3 pm.
Photo credit: TWU
According to court documents, Jack Hutchison was the only security guard working that day. He was not scheduled to be in, but was covering for a coworker who was sick.
In September 2020, the pandemic was in full swing, and the university was operating on a restricted basis—meaning all classes were online with a few exceptions and the campus was restricted to staff and students who lived on the campus.
The court noted that most buildings were also locked and student residences were only accessible with a key card. It was “against that backdrop” that a “tall man wearing all black” was reported wandering through various student residences.
That man was Howard Hill, and he was said to be rifling through some students’ rooms, and “seemed out of it.”
As he was clearly not a resident on campus, students called security out of concern for their safety and concern over their belongings.
There was a first group of calls made about Hill, but Hutchinson was unable to locate him. However, a second group of calls came in later, and Hutchinson spotted Hill walking away from a residence called Robson Hall.
The guard reportedly called out to Hill, identifying himself as security and asking him to stop. At that point, Hill turned around and looked at him, then started running away.
Hutchison pursued, and tackled Hill to the ground. He then placed Hill in a neck restraint and held him until police arrived. When officers arrived at the scene, Hill was unconscious. He died in hospital a few days after he was taken off life support.
The Crown said that Hutchison killed Hill in the course of an “unlawful act”—an assault—due to the hold that was used on Hill.
Hutchison said he was acting in self defence and defence of others, and that the force was reasonable in the circumstances. He also said that he did not know that he was exerting pressure on a critical artery during the hold.
Hill has schizophrenia, and had not taken his medication for about five months. He was not a student at Trinity Western and was not an authorized visitor.
When Hutchison chased Hill, they ran through the campus, across a field toward a student who was standing alone in a parking lot. The court heard that the female student “froze,” and Hutchison then tackled Hill.
After putting Hill in a headlock, a struggle ensued. Hill was reportedly yelling and swinging at Hutchison’s head with an open and closed fist. He also pulled Hutchison’s hair, tried to headbutt him, and spit on him.
Hutchison punched Mr. Hill in the nose three to four times in groups of three punches. Another student called 911 on Hutchison’s request.
The student director at Robson House arrived at the scene and Hutchison asked him to help hold Hill’s legs. The director sat on his legs and held his ankles while Hill continued to punch at Hutchison.
When police arrived at the campus, the student who called for them left to guide them to the area, and the student director felt that Hill was no longer resisting so he got off of his legs and continued to hold his ankles.
At that point, the director asked Hutchison to make sure that Hill was still breathing. The court heard that he asked this because the George Floyd incident happened a few months prior.
Hutchison said Hill was breathing. The director could see Hill’s stomach moving as well.
When police arrived, Hill was still in a headlock. When Cst. Vettoretti went to take control of Hill, he found that his arm was limp. He also looked to be unconscious, with one eye partly open “staring vacantly.”
The officer immediately started CPR, and administered Narcan in case Hill was having an overdose.
Paramedics took over and were able to get a pulse back. They transported Hill to Royal Columbian Hospital where he was put on life support. On Oct. 2, 2020, he died 15 minutes after being taken off life support.
A forensic pathologist found that Hill’s cause of death was “asphyxia due to fatal pressure on the neck due to physical restraint.”
The defence argued that other possible causes of death included a heart attack caused by drug use. Toxicology did show that Hill had hydromorphone, an opioid, in his urine when admitted to hospital. However, the pathologist said that “substances in the urine do not have an effect on a person.”
The judge concluded that the suggestion that hydromorphone caused Hill’s death is “speculative at best,” and that the evidence showed that Hill was not “experiencing physical difficulties prior to coming into contact with Hutchison.”
Further, witnesses said that they heard Hill say that he could not breathe, and saw him stop moving.
“I accept that you did not intend to cause Mr. Hill harm,” the judge said in the decision. “However, as you have heard from all that I have just said, that is not a defence to manslaughter.”
Hutchison was found guilty, but has not been sentenced yet.
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