A decision on whether or not charges will be laid in connection with last year’s death of Her Majesty’s Penitentiary inmate Jonathan Henoche is expected in the near future.
“We expect that very soon there will be a decision about possible charges,” Lloyd Strickland, the province’s director of public prosecutions, told The Telegram Friday.
Strickland wouldn’t provide any further comment, but confirmed that RNC investigators have been in contact with his office regarding the case and that they have been working diligently to get answers about what happened.
Henoche — who was on remand awaiting his first-degree murder trial in the death of 88-year-old Regula Schule of Happy Valley-Goose Bay — died on Nov. 6, 2019.
“We expect that very soon there will be a decision about possible charges."
Police have deemed it a homicide.
Henoche died following an incident that broke out during lunch hour at around 12:30 p.m. that day in unit 2B, the protective custody unit, at the St. John’s prison, The Telegram learned.
It reportedly started when Henoche made physical contact with a female corrections officer’s arm, and that led to a “smack-for-smack” fight between corrections officers and Henoche.
Shortly after, multiple staff members swarmed the unit.
A source had told The Telegram there was so much blood in the area, an outside agency had to be called in to clean it up.
Two corrections officers — a woman and a man — were sent to the medical unit, while Henoche was handcuffed behind his back and brought to segregation, the source said.
Once in segregation, Henoche was reportedly kicking corrections officers, which prompted them to put iron leg restraints on him.
When they checked on him five minutes later, the source said, he wasn’t breathing. Medical staff tried to revive him, administering CPR for about 40 minutes, but couldn’t resuscitate him.
Police have not released any information since then.
“They’re happy the report is done. From the family’s perspective, they’ve just been out in the cold, not knowing what’s been going on.”
That hasn’t sat well with Bob Buckingham, who represents Henoche’s family and estate. He said Henoche’s family is under considerable stress and deserve answers.
“This is a particularly difficult day for them,” he said.
On Friday, one year to the day of Henoche’s death, Buckingham issued a news release, demanding that police provide an update on the investigation.
“It is time the public and the family be informed how the police investigation is progressing,” Buckingham said in a statement.
“I am aware this was a significant investigation including interviews with numerous witnesses, reviewing penitentiary security tapes, assessing the forensic evidence and obtaining opinion on the law, but sufficient time has passed for a comment to be made.”
Hours after issuing the news release, Buckingham issued an update — saying the RNC contacted Henoche’s family in Nain to inform them that the investigation has been completed and that the report has been sent to the Department of Justice’s public prosecution for assessment.
“They’re happy the report is done,” Buckingham said. “From the family’s perspective, they’ve just been out in the cold, not knowing what’s been going on.”
He’s hoping decisions about whether charges will be laid will be made sooner than later.
Buckingham has also called on Indigenous leaders in the province to become more vocal surrounding the Henoche case, and to ask questions as to whether racism in our correctional services played any part in it.
He said he has re-issued his early request for a public inquiry into Henoche’s death, including the circumstances around his death, the role racism may have played, the adequacy of training of correctional officers in dealing with inmates who have mental health and related issues, and the source of information about the homicide which, he said, was released to the media by Newfoundland and Labrador Association of Public and Private Employees’ (NAPE) president Gerry Earle.
Buckingham has questioned whether there was a breach of security protocol at the penitentiary and wants to see this investigated as part of an overall inquiry.
“Mr. Henoche has been the only person who died by homicide in any of Newfoundland’s provincial correctional facilities,” Buckingham said. “He was an indigenous man. Correctional officers are under investigation for his homicide.”
When contacted by The Telegram Friday, RNC spokesman, Const. James Cadigan, said the investigation “remains active.” He said updates will be provided as they become available.
Rosie Mullaley reports on breaking news in St. John’s.
