HALIFAX - A special constable facing criminal charges in an inmate's death testified she didn't notice anything unusual about the prisoner as she checked on him in his cell.
Const. Cheryl Gardner says she had dealt with Corey Rogers on previous occasions and had seen through the booking process that Rogers was intoxicated and was wearing a spit hood over his mouth because he had been unco-operative with the arresting officers.
Gardner and Const. Daniel Fraser are on trial in Nova Scotia Supreme Court for criminal negligence causing the death of Rogers on June 16, 2016.
Gardner told a jury that she looked in on Rogers several times while he was lying face down in a so-called "dry cell" and that on one occasion he moaned and moved his shoulder in her direction.
However she said she never entered the cell to check on him and assumed that he was just "sleeping it off" when he could be seen breathing but didn't respond to her questions.
Under cross-examination, Gardner admitted that she had never read the instruction manual for spit hoods, which the Crown pointed out clearly warns that their improper use could cause injury or death.
The jury has viewed video of Rogers heaving in the cell while wearing the spit hood, and an autopsy states the inmate had vomited into the mask, and he died from suffocation.
The Halifax resident was in custody for being drunk in a public place after he rapidly downed a half bottle of whisky outside a children's hospital the day after his child was born.