POLICE officers who waited almost ten minutes before trying to help a  grandfather who died on his way to a police station are to face misconduct charges.

A report by the Independent Police Complaints Commission (IPCC) said officers had done nothing to help Lenny McCourt after he collapsed in the back of a police van.

They waited nine minutes before trying to resuscitate him – and even then their attempts were poor.

The 44-year-old, who had been pepper sprayed, died during the short journey between his home in Ash Crescent, in Seaham and Peterlee Police Station, County Durham, on September 11, 2010, a jury ruled.

However, an IPCC investigation released today (Thursday November 1) concluded officers had failed to provide reassurance to Mr McCourt after spraying him and had neglected to monitor his condition while in transit to the police station.

And, when he was found to have collapsed, there was a failure to undertake adequate first aid.

The report recommended four officers face internal displinary hearings for  misconduct and gross misconduct, respectively.

Mr McCourt’s sister-in-law, Tracey McCourt said: “It is a damning report. We are happy the IPCC has highlighted these failings. It has confirmed everything we believed from the day Lenny died.”

She added, the family would be seeking legal advice about possible civil proceedings.

IPCC Commissioner Nicholas Long said: "This was a situation that escalated very quickly. The arrest and use of incapacitant spray appears to have been fully justified.

“However, after that there was a catalogue of failures in the care afforded to Mr McCourt.

“Police officers are trained to deliver first aid, yet when Mr McCourt was found collapsed in the van the first reaction was not to begin cardiopulmonary resuscitation (CPR).

“Instead the officers did nothing to help him. They laid him on the floor.

“Attempts at resuscitation did not start for almost nine minutes after Mr McCourt had been discovered collapsed – and even then the resuscitation attempts were poor. The officers’ reaction was wholly inadequate.”

During an 11-day hearing in Crook, a jury was told PC Terry Hill, Special Constable Jeanette Horlock and PC Richard Clark had responded to a 999 call reporting a disturbance involving Mr McCourt.

After the situation appeared to be resolved, an altercation ensued in which PC Hill used pepper spray twice on Mr McCourt.

The report said, PC Clark and MS Horlock did not adequately monitor him during the journey and on his arrival at the police station, Mr McCourt was found to be collapsed.

Furthermore, there was a failure by Custody Sergeant Jack Clark, PC Richard Clark and Ms Horlock to undertake adequate first aid. Mr McCourt was pronounced dead after ambulance staff and a police officer tried for 20 minutes to revive him.

The IPCC concluded the three latter officers had a case to answer for gross misconduct.

PC Hill, who had failed to inform Mr McCourt of the reasons for his arrest, had a case of misconduct to answer.

The IPCC submitted a file of evidence to the Crown Prosecution Service. However, there was insufficient evidence to bring criminal charges against any of the officers.

Temporary Assistant Chief Constable Dave Orford said Mr McCourt had an underlying heart condition unknown to officers – and not previously known to himself or his family.

He said: “We must remind people that when making an arrest in a dynamic fast-moving environment, officers have to use their professional judgment to bring a situation under control for the protection of the public.

“They act on the information and circumstances which present themselves at the time and cannot know if an arrested person has a particular medical condition unless it is immediately obvious.

“The constabulary will now move towards misconduct procedures for the members of staff principally involved.”