An inquest jury have concluded that unlawful force by another male contributed to the death of 48-year-old David Molloy.

David, who was described by his family as “a decent, well-mannered, and level-headed person” with “a wicked sense of humour”, died on 10 September 2017 in Bolton. His inquest was heard at Bolton Coroner’s Court between 05 – 15 February 2024 before HM Area Coroner Peter Sigee.

David met with friends at a house in Bolton on 09 September 2017. Whilst at the property, David consumed cocaine, nitrous oxide-filled balloons and a small amount of alcohol. During the course of the evening, David began to behave in a strange manner which included rummaging through drawers and ripping up paper. He was asked to leave the property, and when he failed to do so, a physical altercation with another male occurred and David was placed in a series of three ‘chokeholds’, and had pressure applied to his windpipe, rendering him unconscious on several occasions. Following this, the male and a female occupant telephoned the police reporting a disturbance.

At approximately 01:47am on 10 September 2017, four officers from Greater Manchester Police attended the property. Upon arrival, they located David in the kitchen, where he was on the floor ripping up a birthday card. The officers handcuffed David and escorted him out of the property. The inquest jury were shown body-worn camera footage from the attending officers which depicted David behaving oddly, appearing confused, and slurring his words. David struggled to stand without the assistance of the officers and could not walk unaided.

Officers put David into the back of a police van, and officers gave evidence to the inquest that they decided to escort him directly to hospital to allow him to receive medical attention. Whilst en route to the hospital, David suffered a cardiac arrest. CPR was performed on David by the police officers, and paramedics arrived on scene shortly after. Sadly, David was pronounced dead at 02:58am on 10 September 2017 at the Royal Bolton Hospital.

The inquest heard seven days of evidence from the occupants of the property on 09 and 10 September 2017, the attending police officers, and medical experts who were able to comment on David’s condition.

During the inquest, Dr Lumb, a forensic pathologist explained that David had severe coronary atheroma, which narrows the arteries of the heart, restricting the flow of blood to the heart muscle. He also stated that the high concentration of cocaine found in David’s blood increased the risk of unexpected death.

Dr Meng Aw-Yong, an expert specialising in emergency medicine, was instructed by the Coroner to provide evidence around Acute Behavioural Disturbance, and to comment on the time at which David’s condition became unsurvivable. Acute Behavioural Disturbance (otherwise known as ‘ABD’) is the umbrella term for the clinical presentation of a number of conditions. It frequently arises in cases where there is contact with the police and other emergency services and where the individual has taken a stimulant drug such as cocaine. Dr Aw-Yong gave evidence that when the police officers arrived at the property, David was showing signs of ABD and was experiencing a medical emergency.

Commenting on the use of force used by the male in the property, Dr Aw-Yong stated that the four chokeholds inflicted in quick succession ‘more than minimally’ contributed to David’s death. Dr Aw-Yong concluded that the actions of the police did not contribute to David’s condition or his death, as David was extremely poorly by the time the police arrived, and his chances of survival were already low.

The jury concluded that David’s death was caused by the combined effects of: “(1) coronary artery atheroma; (2) cocaine toxicity; (3) the pathophysiological effects of the events of 9-10th September 2017 prior to 1:47am; and (4) the unlawful application of force by another male.”

In light of the inquest’s conclusion, the Coroner has referred David’s case to the Director of Public Prosecutions via the Crown Prosecution Service (CPS).

David’s family were represented by Lucie Boase and Nicola Miller of Broudie Jackson Canter Solicitors and Jodie Blackstock of Garden Court Chambers. Commenting on the inquest conclusion, the family’s solicitor Lucie Boase said:

“Due to a combination of factors, nearly seven years passed between David’s death and his inquest taking place. At times David’s family found the wait intolerable, and I commend them for their strength and fortitude in seeing this process through to its conclusion. Finally, they have answers to some of their questions about what happened to David on the night of 9-10 September 2017. During the inquest, we heard that Greater Manchester Police have rolled out further training to its staff in relation to identifying the signs of Acute Behavioural Disturbance (‘ABD’). We hope that this training will help to provide officers with sufficient knowledge to identify ABD as a medical emergency, and to help save lives.”

David’s younger sister Justine said:

“We are relieved that after many years, David’s inquest has finally taken place and we can now begin to grieve. We are devastated by David’s death, and struggled hugely with not knowing what happened that night in 2017. David was a fantastic person, who could light up any room with his presence. He was a much-loved son, brother, dad and friend. We miss him every day.”