Coroner Rules Lateral Neck Restraint Not Sole Cause in Indigenous Man's Death

A Queensland coroner has concluded that a lateral vascular neck restraint (LVNR), applied during the arrest of Indigenous man Steven Nixon-McKellar, was not the sole cause of his death in custody. The coroner's report stated that Mr. Nixon-McKellar's death, which occurred in October 2021 following an altercation with police, was multi-factorial.

Cause of Death Determination

State coroner Terry Ryan found that Mr. Nixon-McKellar's death "occurred after a protracted struggle." Based on expert medical evidence, the cause of death was determined to be "most likely" a combined result of several factors.

The cause of death was determined to be "most likely" a combined result of physical and psychological exertion related to the restraint, brief pressure applied to the neck, stimulant drug intoxication, asthma, bronchopneumonia, and coronary atherosclerosis.

The coroner stated that while the LVNR was the final use of force option exercised, it was not the cause of death, and the extent of its contribution could not be quantified.

Incident Background

Police officers initially responded to an anonymous report regarding a car potentially bearing false plates when they encountered Mr. Nixon-McKellar in Wilsonton, Toowoomba. Body camera footage shown during the September 2023 inquest depicted officers engaging in a five to ten-minute struggle with Mr. Nixon-McKellar. An LVNR was subsequently applied by an officer, during which Mr. Nixon-McKellar was observed to lose consciousness.

Police Tactic Review

Significantly, Queensland Police implemented a ban on the use of the LVNR as a Use of Force option for all officers in April 2023, preceding the coronial inquest.

Family and Legal Considerations

Steven Nixon-McKellar's family participated in the inquest to seek clarity regarding his death. The coroner's findings noted that no submission was made by counsel assisting for referral to the Director of Public Prosecutions or any other relevant disciplinary body concerning the officers involved.

The report indicated that while the force used likely contributed to the death, it was not "apparent that the police officers' conduct was 'a substantial or significant cause of his death'."