Man who died after injuries in Montreal jail was illegally detained, ministry confirms

The 21-year-old Montreal man who died following an intervention by a correctional officer last Saturday should have been released from the Bordeaux detention facility the day before he was fatally injured.

Quebec's public safety ministry, which is responsible for provincial detention centres, confirmed that Nicous D'Andre Spring was illegally detained in the Montreal jail since he was supposed to be released on Dec. 23 following a bail hearing by video link from the facility.

"It should be noted that two other incarcerated persons who appeared on December 23, 2022 were in illegal detention since they should have been released the same day. They were released the next day, December 24, 2022," said Marie-Josée Montminy, a spokesperson for the public safety ministry.

For reasons that are unknown, D'Andre Spring was still detained on Dec. 24. During that afternoon, he was involved in an altercation with other detainees and while correctional officers moved him to another location, D'Andre Spring tried to bite and spit on the guards, according to the head of the union representing Quebec correctional officers.

Mathieu Lavoie, president of the Syndicat des agents de la paix en services correctionnels du Québec, said a correctional officer put a "spit mask" on him. A supervisor ordered agents to pepper spray him while he was still wearing the mask.

The ministry said he lost consciousness from the procedure and was sent to hospital in an ambulance. He succumbed to his injuries the following day.

Nicous D'Andre Spring

The correctional officer involved in the intervention has been temporarily relieved of his duties following the incident, the ministry confirmed Wednesday.

QUEBEC PUBLIC SAFETY MINISTER SEEKING ANSWERS

The Ministry of Public Saftey (MSP) has ordered the Direction de l’audit interne, des enquêtes et de l’inspection (DAIEI) to conduct an internal audit of the Dec. 24 incident, "including the illegal detention component. The recommendations made by the DAIEI following its investigation will be carefully analyzed by the MSP and corrective measures may be taken, if necessary," the ministry spokesperson said.

Quebec's public safety minister, François Bonnardel, reacted to the man's illegal detention Thursday in a post on Twitter, in which he said he wants answers about what happened. 

"The mistakes that were made will have to be acknowledged and answered. My department will follow up on any recommendations that may be made as a result of the investigations," Bonnardel tweeted.

Bordeaux jail is shown in Montreal, Sunday, February 7, 2021. THE CANADIAN PRESS/Graham Hughes

In addition to the internal audit announced Thursday, the ministry has also ordered an administrative investigation into the correctional officer's actions.

The coroner's office is conducting an investigation to determine the cause of death. Quebec provincial police have also opened an investigation. The Sûreté du Québec's Crimes Against the Person unit will decide whether criminal charges are warranted.

VIGIL TO BE HELD FRIDAY

D'Andre Spring was an aspiring Montreal rapper under the name "YK Lyrical."

He was in the Bordeaux jail following a Dec. 20 arrest. He pled not guilty to assaulting a police officer, uttering threats, and possession of a weapon for dangerous purposes charges.

He was arrested on three previous occasions.

His loved ones are set to hold a vigil for him early Friday evening in a park in Montreal's Notre-Dame-de-Grâce neighbourhood. An online fundraiser has also been created to support the man's family.

"Nicous leaves behind his mother, aunt, sisters, niece, nephews and many beloved extended family and friends. All donations will be used to support our family, prepare for his send away and alleviate financial stress that we are currently facing," reads a description of the fundraiser. 

In the days after his death, there was an outpouring of support on social media for the young Montrealer, who has been described by a friend on Facebook as "an incredibly happy person with a smile so contagious."

Stephen Hennessy, a coordinator at Westhaven-Elmhurst Community Association, also wrote on Facebook that D'Andre Spring was "always respectful" and "helpful to lend a hand around the center."