Kingsley Burrell police restraint death: West Midlands officers referred to CPS

Kingsley Burrell, 29, was detained by West Midlands officers called to a disturbance in March 2011

A police watchdog has referred a complaint made by the family of a man who died while under restraint to the Crown Prosecution Service (CPS).

Kingsley Burrell, 29, was detained in March 2011 after West Midlands Police attended a disturbance in Birmingham. He later died from a cardiac arrest.

In May, an inquest ruled prolonged restraint and a failure to provide basic medical attention contributed to his death.

Three officers are being investigated.

A statement from the Independent Police Complaints Commission said in 2013 it had found there was a case to answer for gross misconduct against three officers, on the grounds of honesty and integrity in the accounts they provided to investigators. A misconduct hearing is pending.

'Gross use of force'

After the inquest the IPCC received a complaint from Mr Burrell's family about evidence given by the police officers.

Kadisha Brown-Burrell said she had been concerned about her brother's treatment

A second investigation has been carried out and a referral made to the CPS for it to consider whether criminal offences may have been committed.

A fourth police officer faces a misconduct charge for gross use of force.

West Midlands Police said it was co-operating with the IPCC and the CPS and awaited the outcome.

In July 2014, the CPS said there was insufficient evidence to prosecute anyone over Mr Burrell's death.

'Gone berserk'

He had been detained under mental health laws after calling emergency services to the Haymer shop in Winson Green on 27 March, claiming he had been threatened by two armed men while with his four-year-old son.

CCTV footage revealed no sign of armed men, but showed Mr Burrell looking agitated near the counter.

Police officers told the family he had gone "berserk" in the ambulance and attacked his own son, and had to be restrained.

During the inquest his sister, Kadisha Brown-Burrell said she had visited the mental health unit at the Queen Elizabeth Hospital and had been concerned by his condition.

After the inquest Ms Brown-Burrell said if there had been an unlawful killing verdict the family would "see that as having justice".