Bold takeaway: A coroner concludes that a controversial police restraint used during the arrest of an Indigenous man in Toowoomba did not, by itself, cause his death in custody—though experts say the arrest was part of a multi-factor chain leading to his death. But here’s where it gets nuanced and potentially controversial...
A Queensland coroner has ruled that the lightning-rod LVNR (lateral vascular neck restraint) applied during the arrest of Steven Nixon-McKellar was not the sole cause of his death in custody on the Darling Downs. The family gave permission for Mr Nixon-McKellar’s name and image to be published.
The matter was examined in a four-day coronial inquest in Toowoomba, centered on the October 2021 death that occurred after a confrontation with police on Stone Street, Wilsonton. Officers had been responding to an anonymous tip about alleged false plates on a vehicle when they located Mr Nixon-McKellar.
Body-worn camera footage captured constables Brandon Smart and Simon Giuliano during a roughly five-to-ten-minute struggle with Mr Nixon-McKellar, with backup being requested as the incident unfolded. The footage also recorded Senior Constable Giuliano calling for a colleague to “choke this c*** out.” Senior Constable Tylarr Colman stepped in and applied the LVNR. Giuliano later testified that he observed Mr Nixon-McKellar lose consciousness while the restraint was in place.
Background context matters: In April 2023, Queensland Police barred the LVNR as a Use of Force option for all officers, a policy change that preceded the coronial inquest by several months.
The autopsy could not definitively determine the cause of death, with a forensic pathologist noting the result as a cardiac death during restraint. In today’s findings, state coroner Terry Ryan described the death as the product of a prolonged struggle and concluded that the LVNR was not the direct cause, even though it was the final restraint used.
Coroner Ryan labeled the death as multi-factorial, likely stemming from a combination of physical and psychological strain during the restraint, brief neck pressure, stimulant drug intoxication, and preexisting health conditions such as asthma, bronchopneumonia, and coronary atherosclerosis. He stated,
“While the LVNR was the final use of force exercised, it was not the cause of Steven’s passing.” The coroner added that the LVNR’s contribution cannot be precisely quantified and that focusing solely on the LVNR would oversimplify a much more complex medical picture.
Family advocacy and public gathering: Throughout the four-day inquest, Nixon-McKellar’s family and supporters wore shirts bearing his image and organized a rally outside Toowoomba Court House, seeking accountability and justice.
Legal and policy implications: The coroner noted that there was no submission from counsel assisting regarding referrals to the Director of Public Prosecutions or other disciplinary bodies about the officers involved. The police department has been contacted for comment.
Thought-provoking questions to consider: Should coronial findings shift public debates away from singular tactics toward a broader discussion of restraint policies and officer training? How should societies balance the use of life-saving restraint in dangerous encounters with the risk of fatal outcomes? Do you think the LVNR should remain prohibited, or should it be reassessed under stringent safeguards? Share your perspective in the comments.
