London police officers will not be charged in connection with the death of a 26-year-old man who fell from the balcony of a public housing high-rise in May.
The Special Investigations Unit (SIU) released the findings of its investigation into the death of Caleb Tubila Njoko on Thursday. Njoko died on May 8, just three days after falling from a balcony at 85 Walnut St.
Police were called to the 15th floor apartment around 11:15 p.m on May 5 for a report of a person in distress. Njoko's mother had called police in hopes they would be able to get him some mental health supports. She told them her son was "mad" and was acting odd and erratic, the SIU said.
Officers were unable to enter the apartment as the door had been barricaded with furniture, mattresses, and other items. According to the SIU, there was a brief opportunity after officers arrived on scene when they may have been able to get inside the apartment, but Njoko forced the door closed prompting the officers to disengage to de-escalate the situation.
"In hindsight, that may have been a lost opportunity," SIU Director Joseph Martino wrote in his final report on the case. "That said, I am unable to fault the officers for making the decision they did at the time. They were unaware of the scope of the Complainant’s (Njoko) mental distress, and could reasonably surmise that forcing the issue at that moment might have resulted in more harm than good."
The officers, including a trained negotiator, repeatedly attempted to speak to the 26-year-old through the door and over the phone. At one point it seemed as though officers were making some progress in resolving the situation, the SIU said. However, Njoko was soon spotted perched on the balcony railing with his legs hanging over the edge. He then began climbing down to the balconies below but within seconds lost his grip and fell to the ground.
He was rushed to hospital where he died from his injuries three days later.
In all, the SIU interviewed two civilian witnesses and five police officers. The subject officer invoked her right to not be interviewed. She did turn over her duty notes to investigators.
"In the short time they had available to deal with the situation, the officers acted with due regard for the complainant’s health and safety. Might they have done more to mobilize mental health supports from the community? Perhaps, but their failure to do so is tempered by the speed with which events unfolded," wrote Martino, who went on to note Njoko fell only 18 minutes after officers arrived.
"In the circumstances, I am satisfied that the police response fell short of constituting a marked and substantial departure from a reasonable level of care in the circumstances. Accordingly, there is no basis for proceeding with criminal charges in this case and the file is closed."