Whitehorse Daily Star

Image title

Photo by Whitehorse Star

Raymond Silverfox

‘In the family's opinion, it was homicide'

The family of Raymond Silverfox is not satisfied with the results of a coroner's inquest into the 43-year-old man's death.

By Justine Davidson on April 26, 2010

The family of Raymond Silverfox is not satisfied with the results of a coroner's inquest into the 43-year-old man's death.

They want a Yukon Supreme Court judge to take a second look at the evidence and the decision which flowed from it.

"I think it's unbelievable,” Susan Roothman, the family's lawyer, said today of the jury's conclusion Silverfox died of natural causes on the evening of Dec. 2, 2008.

"No reasonable jury would have made a decision like this in light of the circumstances.”

The family is looking at requesting a judicial review of the jury's decision, she told the Star.

"At least what we were looking at is unnatural and accidental, so at least then you give some indication that there were other factors involved,” Roothman said.

She was referring to the fact the jury members were given the option to label Silverfox's death natural or unnatural. Had they found it to be unnatural, they would have then decided if Silverfox's death was accidental, suicide or homicide.

"I think in the family's opinion, it was homicide,” Roothman added.

In a coroner's inquest, a ruling of homicide does not lay blame on anyone, but it is a recognition the person died at the hands of another.

Over seven days of testimony, the six-person coroner's jury learned that Silverfox, a member of the Little Salmon-Carmacks First Nation, died after spending 13 hours violently vomiting in the cells of the Whitehorse RCMP detachment.

He had been brought there after staff at the Salvation Army shelter called the ambulance because Silverfox was throwing up on the floor of the shelter's dining room and could not get to the toilet, or even use a bucket provided for him.

When the paramedics arrived, Silverfox indicated he did not wish to go to Whitehorse General Hospital, so the police were called to take him to the so-called "drunk tank”.

According to evidence given at the inquest, Silverfox was not a regular drinker, but had been binge-drinking for about six months before his death.

Once in police custody, Silverfox continued to be sick, throwing up 26 times in the 13 hours he was in RCMP care.

Silverfox was never offered clean clothes nor moved to a cell that was not covered in vomit, as RCMP policy requires. Instead, he was left to lay in the filth covering his cell floor.

The one communication he had with an officer after his arrest was to ask for a mat to lay on. The officer responded: "You can sleep in your own shit,” while the other guards and RCMP members present laughed.

Another officer was recorded as saying, "Poopy, poopy, McPoopy,” when he looked in Silverfox's filthy cell, but in his testimony, denied the comment.

It was not until the watch commander came down to the cells to do her end-of-shift check that someone called for an ambulance.

By that time, Silverfox was not breathing and had no pulse.

"He essentially died in the cell,” said pathologist Dr. Charles Lee.

Silverfox was killed by a fast-acting blood and lung infection likely caused by inhaling his own vomit, Lee told the jury.

"I've dealt with things like this under apartheid in Africa where there is a complete indifference to the people police are dealing with,” Roothman said of the case.

"... I'm not saying it's racism as such, it's almost a culture of indifference in the RCMP .... It almost comes down to mob behaviour, when one person is starting, everyone else is just joining in and no one has the common sense to realize something is wrong there.”

The jury made four recommendations:

• Firstly, that the RCMP "establish a community consultative group which will include first nations, medical community, Yukon government and Salvation Army (to) review the issue of public intoxication and provide possible alternatives to incarceration and speak to the medical care of intoxicated persons in the Yukon”;

• Secondly, for the RCMP "to ensure regular joint health and safety committee meetings are held monthly and include a guard representative”;

• Third, that the RCMP increase the number of guards in cells; and

• Fourth, that the company which contracts guards to the RCMP review guards' compensation and training requirements.

The jury deliberated for just over three hours before returning with their decision late Friday evening.

Neither the RCMP nor the commissionaires had any comment on the recommendations before press time this afternoon.

Comments (13)

Up 0 Down 0

Christine Nemeth on Apr 29, 2010 at 12:09 pm

I grew up with the understanding that the role of the police was to serve and protect. I have a great respect for the many officers who do this very well.

I am shocked by what happened to Mr Blackjack. The night he died he needed protection from those whose job it was to look after him.(serve him).

I hope that the Blackjack family will experience justice and peace. No family should have to endure these painful details.

Up 0 Down 0

Nesta Hager on Apr 28, 2010 at 4:57 pm

What he did to himself? Put yourself in the shoes of Raymond's Daughter, sisters and brothers, and other close family, what if that was your dad in there? Lying there dying far too early for his time? It's easy to make excuses for the behavior of these RCMP officers and others involved but that still does not make things right! There are dogs in the animal shelter who were treated better than he was on that tragic day. Accidential? Oh excuse me while I go lay in my own filth and die? I DON'T THINK SO! Exactly when did it become okay to display such negligence? Oh wait, ya, we're in the Yukon, First Nation's people are worthless savages right? I wonder if the treatment would have been differant had be been a white guy? I don't think an apology is enough for all the nightmares and pain that has been enflicted upon the family and I think that they should keep going and fight!

Up 0 Down 0

Amy on Apr 28, 2010 at 12:46 pm

I am a former Yukoner and am appalled by this story, the RCMP of the Yukon Territory should be ashamed of themselves. No wonder the Yukon First Nations don't trust the police, this is an awful story!!, My thoughts and prayers go out to the Silverfox family. I still remember the day like it was yesterday when my dear friend Harley Timmers was shot by a police man, and as a child seeing police step over passed out Natives behind Whitehorse Elementary. The RCMP have always had an abusive power, shame on them!!!!

Up 0 Down 0

D G on Apr 28, 2010 at 11:46 am

Ray decided to have one to many drinks for those that call him responsible, caring and so on, he was responsible for his actions regarding his drinking end of story true the guards should have kept a better eye on things but come on how many times do you think the same type of people go through the system like that. Why shouldn't the guards be allowed to have a little banter about the people they are in charge of, does anyone not banter about things like bosses coworkers and so on at work.

How many people go through the drunk tank and leave unharmed. Probably the majority, this whole thing had nothing to do with race, color, or any other stereotype, other than the fact he went in drunk.

As far a putting my name on this post I have no desire to receive hate mail or otherwise so all you get is my initials.

Up 0 Down 0

cousin of victim on Apr 28, 2010 at 1:59 am

I totally agree with you "Anonymous". You said it all and thanks for your thoughtful comment, not like all those morons that make nagative comments on here about Ray. He was the one that died in the hands of those that was suppose to watch out for him.

RBS, we will fight back and stand together to fight for our rights, like you said, "enough is enough"! They have bullied us around far to much and are still getting away with it. Those RCMP and guards that was on duty that day are responsible and they are just covering up for each other.

Up 0 Down 0

Family member on Apr 28, 2010 at 12:47 am

No Family members were called at all, till the end when he was gone, thats why this was such a shock! And if would of been called this would have never happened!

Right from the start they have been covering themselves up cause they knew what they did was pure wrong!!!

MUSSSI!!

Up 0 Down 0

Deborah Silverfox on Apr 27, 2010 at 3:41 am

I sat in the court room for 7 days of the Inquest. I was appalled of the so called "procedures or policies or laws?" of how the Inquest was handled. My brother died alone and was ignored while detained in custody,and being portrayed differenly that who he actually was! I am deeply saddened of hearing and seeing how his last hours were spent on this earth being mistreated. In my eyes, he will always be my hero, my loving brother. RIP Ray.

Up 0 Down 0

june jackson on Apr 27, 2010 at 2:28 am

I don't see what else could have helped this gentleman.. Who is going to take in a drunk person with a pants full and vomit all over him? His family? should the SArmy keep him? He can't be forced to the hospital? The RCMP was all that was left.

However, vomiting 26 times is not normal and the ambulance should have been called much much earlier...

Any profession that has charge of the health and well being of another should be held to a higher standard than the rest of us.

Even though he passed away, it would have been just a humane act to see to his basic needs, a blanket, cleanliness. I don't think it was homicide but certainly once in their care it was callous neglect of another human being...

Up 0 Down 0

RBS on Apr 26, 2010 at 10:52 pm

Seems to me that the People in the wrong can't even own up to thier own actions. I don't remember, I don't recall. That is a bunch of BS. How can these people be in the position that they are in, can't even remember or even recall. This is all said to cover their own asses. There is no faith in justice system for me at all anymore. As First Nations, we have to stand up for our rights and fight back. Enough of getting kicked around and being treated like an animal. For 100s of years this has been going on. Who know how much natives that passed through thier cells have been treated like this or even worse. This is only one person. Thier are probably 100s and 100s of stories out there. They are just scared to talk about it. Time to STOP BEING SCARED AND STAND UP FOR OURSELVES.

Mussi Cho

Up 0 Down 0

mosi on Apr 26, 2010 at 10:11 pm

I am sure the family can then sue for negligent homicide? as negligance was reported pretty well all thru the story.

Up 0 Down 0

francias pillman on Apr 26, 2010 at 1:48 pm

If I was the family I would be careful of what you say. You are accusing the RCMP of killing a person. Maybe you might get sued for defamation. Raymond died by his own hands, no matter what anyone says. HE REFUSED MEDICAL HELP. Grow up and stop blaming everyone but himself for, WHAT HE DID TO HIMSELF.

Up 0 Down 0

Thomas Brewer on Apr 26, 2010 at 8:15 am

"In my opinion, it was the alcohol that killed him."

no 40 pounder, no dying.

Up 0 Down 0

Anonymous on Apr 26, 2010 at 7:47 am

It was neglect, unprofessional, abuse of power and down right immature. I vote homicide!! The ones who were responisble for the care of Mr.Silverfox should loose their jobs charged with neglect causing death and made an example of. This should not be tolerated, no excuses.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.