Family of 29-year-old Montrealer killed amid police intervention want public coroner’s inquiry

The family of Abisay Cruz, the 29-year-old Montrealer that died following an SPVM intervention on March 30 in Saint-Michel, spoke out for the first time Wednesday. They’re seeking answers surrounding what exactly led to the death of their son and brother, and are calling for the Quebec coroner to launch a public inquiry. 

“I need justice,” Cruz’s mother, Marcelina Isidro, said in Spanish through tears at a press conference at the Center for Research-Action on Race Relations (CRARR).

“I don’t think anyone deserves to be treated like that, in a state of crisis,” said Josué Cruz, Cruz’s brother, speaking in French at the conference. “I hope it doesn’t happen to anyone else.”

Josué said Cruz was a good person, always wanted to make others laugh, and loved his nine-year-old son.

“Me, my mother, my father, my brothers and sisters, friends, we need to know how he died,” said Josué Cruz, in French. “We need to know why the police used such actions that cost him his life? Why treat him like an animal, even when the ambulance arrived? We need answers, transparency, justice and support from the community.”

The BEI–Quebec’s police watchdog–are investigating the incident, and said the SPVM were responding to a person who was in crisis at a residence. They added that once officers made contact with the person, a physical altercation occurred. They report that after police restrained him, he became unwell and lost consciousness. He was pronounced dead in hospital.

The family says he seemingly surrendered by putting his hands up at one point.

“Why do we still have to use the technique of putting a knee on the neck or on the back of the individual?” said Réne Saint-Léger, the lawyer for the Cruz family, who said that in the technique that is taught at the police academy, after a certain amount of time, you’re supposed to turn a person on the side so they can continue to breathe.

“This did not happen in this case here, unfortunately,” he said. “And then even at one time in the video, one can hear that obviously [he’s] screaming out, ‘Oh, I’m going to die, I’m going die.'”

The family and community want to know why de-escalation tactics weren’t used and feel a coroner’s public inquest would help shed light on this.

“[We need] answers in the most transparent, impartial, objective and credible way necessary because at this point in time there’s little confidence,” said Fo Niemi, executive director at the CRARR. “The family has not been able to see the body at the morgue. The family has not received the autopsy report, which is why [we have] questions, and that’s why the family and we are asking for a second autopsy to be done.”

In a statement to CityNews, Quebec’s coroner’s office said: “An investigation into this death is underway to determine the causes and circumstances surrounding his death. This process is just as rigorous as the public inquest.”

The statement said that at the conclusion of his investigation, the coroner will produce a report that will be made public. If deemed appropriate, the coroner may make recommendations at the conclusion of their investigation.

“The coroner will liaise with the family as required during his investigation,” read the statement. “We are closely monitoring the situation and will determine, based on the information gathered, whether during or after this investigation, whether a public inquest should be ordered.”

Saint-Léger said the Cruz family needs an explanation.

“One of the officers involved indeed did say [in French], ‘Yes, we know that you’re in distress,'” said the lawyer. “[Cruz] put his hands up over his head and one of the officers–we don’t know exactly who–when they got to the level where he was standing on the second floor, [Cruz] got kicked in the tummy and then Abisay went down this way, and then this is how they brought him down onto the floor.”

“This lack of answer basically is a further trauma to the family,” said Niemi. “The brother who saw Mr. Cruz on the kitchen floor mentioned that he was pressed down on the floor, his right face on the ground, his left face staring up the eyes with practically staring–and they were basically open, but there was obviously no soul in the eyes.”

The BEI’s investigation is ongoing. They tell CityNews that once their report is complete, it will be sent to the Crown prosecutor’s office, which will decide whether there will be legal proceedings. 

Meanwhile, Cruz’s body remains at the morgue, as the family hopes to give him a proper burial.

“We can’t wait for the results of the BEI investigation, since we don’t know if we can trust it,” said Josué Cruz. “My brother can’t rest in peace and his family can’t live in peace if we don’t have these answers.”