PC admits possible error over 'medium-risk' abuse

Daniela Espirito Santo, 23, from Grantham, died while on hold to police reporting a domestic abuse incident

A police officer has admitted his assessment of a woman's safety following a domestic incident the day before she died "certainly could" have been too low.

Daniela Espirito Santo, 23, from Grantham, called police on 8 April 2020 to say her partner, Julio Jesus, had "attacked" her.

PC Matthew Fromm told an inquest into her death at the Myle Cross Centre in Lincoln that he ruled it as "medium risk" because Mr Jesus had left the property.

However, the Sergeant on duty later elevated the risk to Ms Espirito Santo, who died on hold to police the following morning while reporting another incident, from medium to high, meaning there was serious risk and it was immediate.

The call made by Ms Espirito Santo on 8 April 2020 was played before the jury, where she said: "He’s attacked me again.

“I’ve had the police around and I’ve always gone back on my statement because I’m scared."

Ms Espirito Santo said on the call that she had marks on her neck and Mr Jesus had left the property.

PC Fromm and PC Adam Kelly arrived at her home in Grantham at 10:00 BST.

PC Fromm told the inquest when he arrived Ms Espirito Santo was "crying and very upset”.

He said she had asked Mr Jesus to move a rug, which led to a verbal altercation followed by Mr Jesus putting his forearm across her throat and throwing a toy at her.

The court heard a transcript of audio via PC Fromm's bodycam, read out by representative for the family Ms Rahman KC.

Ms Espirito Santo said to PC Fromm that Mr Jesus "tried to fling her on to the bed" and she told him "you're going to kill me this time".

During the transcript, when PC Fromm questioned her about the bruises on her neck, she said she had "more than 90 pictures of proof" of more injuries.

“I do want him punished, but then I think what’s going to happen next?" she added.

“He’ll be in a cell for a few hours… then I don’t know what he’ll do."

Daniela Espirito Santo died as a "result of acute deterioration of the heart"

PC Fromm completed a domestic assault, stalking and harassment (DASH) form on behalf of Ms Espirito Santo, where it was recorded that she had suffered a black eye and a broken finger before.

The form also detailed that the assaults were getting worse and becoming more common.

PC Fromm told the inquest he ruled the incident on the DASH form as medium risk, meaning there was serious risk to the individual but it was not immediate because Mr Jesus had left the property.

The court heard the Sergeant on duty elevated the risk to Ms Espirito Santo from medium to high.

PC Fromm said this “certainly could” suggest the original grading was too low.

PC Fromm was asked by Ms Rahman about why he did not record the offence of a threat to kill?

He said: “I wanted to get a crime on the system that was ABH (actual bodily harm)."

Ms Rahman also questioned why an offence of controlling and coercive behaviour was not recorded?

He said it was an "oversight rather than an outright decision”.

Police advice

PC Fromm told the court he took a statement from Ms Espirito Santo and gave her "stay safe" advice.

He did not suggest medical treatment and said if he was aware of her heart condition at the time, treatment “certainly would have been a factor” he would have considered.

PC Fromm and PC Kelly left the scene and arrested Mr Jesus for ABH after they saw him driving in the area.

He was taken to Grantham police station and was later released on bail.

Mr Jesus broke his bail conditions by calling Ms Espirito Santo and returning to their property in Grantham later that evening.

Ms Espirito Santo called police again to report another domestic incident but was told by the 999 call hander to call the 101 non-emergency number. She died while on hold in the early hours of 9 April.

The inquest heard a report from pathologist Dr Francis Hollingbury highlighted that the post-mortem showed Ms Espirito Santo, who suffered from a heart condition known as myocarditis, died as a "result of acute deterioration of the heart".

The inquest continues.

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