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Guard denies pushing Edmonton teen down elevator shaft

Last Updated Mon, 17 Jan 2005 21:48:23 EST

CBC News

EDMONTON - A courthouse guard who was with Kyle Young when he died falling five storeys down an elevator shaft while in custody, said he wasn't pushing the Edmonton teen against the lift doors when they suddenly opened.

Chris Chambers, testifying at a provincial inquiry into Young's death, said he was helping move Young to a holding cell on another floor when the incident happened.

Young – handcuffed, in leg shackles and escorted by two guards – fell to his death in the young offenders section of the Edmonton courthouse on Jan. 22, 2004.

Chambers said the 16-year-old, who was known to spit at guards, threatened the guards and their families as they moved him towards the elevator.

Chambers told the inquiry he held Young by his neck, face first against the corner of the elevator door. The teen began squirming, so another guard, Constable Fayad, came to help.

 "'I reached for him. To no avail.'

The moment Const. Ali Fayad put his arm on Kyle's back, the door swung open...he went straight forward. He turned 180 degrees and was facing us. I reached for him. To no avail," Chambers said.

No one was charged in Young's death. A provincial investigation concluded guards used a "reasonable" amount of force.

The authorities also decided that there was insufficient evidence to charge anyone in connection with the death, based on an investigation done by Edmonton Police homicide detectives.

Kyle Young's mother disagrees.

"The elevator was apparently in good working order. It had been inspected somewhere near a month before and it just pops off, with no help from anybody?" Lorena Young asked.

Former guard John Tomaino, who was there when Young fell, previously testified that the elevator door had been knocked off its tracks at least twice before Young's death, but he didn't know what steps had been taken to fix it.

Chambers said he had never heard about problems with the elevator. He also said he was never told to keep quiet about the accident. Tomaino said the guards were intimidated.

Into the second week of the inquiry, Lorena Young said she has more questions than answers. Why was Kyle not given medication that helped control his behaviour, she asked. And why was the surveillance camera in front of the elevator not activated?

Chambers testified he had no idea that Young was on medication or suffered from mental health problems.

"It's all going to come out in the end. I'm sure it will all come out in the end," she said. Meanwhile, Kyle Young's sister, Amanda Grift, acknowledged Kyle could be difficult.

"He didn't deserve the best treatment but he didn't deserve the worst treatment either," she said.

The inquiry, which was scheduled to end this week, can only make recommendations to prevent similar deaths. There's so much evidence to go through, the inquiry will be continued in June.

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