A POLICE detention officer, who was brought up in Burnley, has been cleared after a man who suffered with mental health problems died while in custody.

Michael Marsden, 56, was acquitted of manslaughter by gross negligence following a six-week trial at Bristol Crown Court alongside custody sergeant Jan Kingshott, 45, and fellow detention officer Simon Tansley, 39.

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Church caretaker Thomas Orchard, 32, had a cardiac arrest when he was held down, handcuffed and placed in restraints, with an emergency response belt (ERB) wrapped around his face for five minutes and two seconds.

He died in hospital seven days after being arrested and brought to Devon and Cornwall Police’s Heavitree Road custody unit in Exeter in October 2012.

Mr Marsden, who served as a warrant officer for the Queen’s Lancashire Regiment for 22 years, was described, along with his co-defendants, as men of honesty and integrity during the trial.

Devon and Cornwall Police are being investigated for suspected corporate manslaughter and offences under Health and Safety at Work legislation.

They, and four other officers who were involved in the incident, still face potential disciplinary proceedings for gross misconduct.

Mr Orchard, who had paranoid schizophrenia, was experiencing a mental health crisis when he was arrested in the city centre at 11am on October 3, 2012.

Sgt Kingshott, Mr Tansley and Mr Marsden, who were on duty there, insisted during the trial their actions towards Mr Orchard were proportionate and lawful.

None recognised that Mr Orchard was mentally ill and did not check how long he had been physically restrained for - 18 minutes by that point.

Mr Orchard appeared to attempt to bite an officer as he was taken through the door into the holding area of the custody suite.

The court was told Mr Orchard was restrained for a total of 22 minutes, and the ERB was around his face for five minutes and two seconds.

A spokesman for the Independent Police Complaints Commission said: “The IPCC continues to examine Devon and Cornwall Police’s corporate decision-making around the ERB.”