Killer cop Brian Taylor provided two days of questionable, even outright unbelievable, testimony during the coroner’s inquest into his 2013 killing of 47-year-old Michael MacIsaac. As witnesses and 911 call evidence contradicted much of his depiction of events, Constable Taylor turned to the bogus and obnoxious “excited delirium” excuse to blame the victim. Notably the inquest testimony was the first time he raised this baseless suggestion, a last refuge of killer cops.
Taylor claims he feared for his life when seeing MacIsaac, yet he was safely inside his police vehicle and decided to exit only after seeing the man he was supposedly threatened by near him. Taylor claimed in his testimony that he heard MacIsaac say “Come on, come on,” and claims that he issued the police challenge, “Police. Don’t move,” to MacIsaac and remembers hearing it.
Taykor testified at length:
“Somebody said ‘Drop it, get down on the ground.’ I thought that if I have to take a shot, don’t miss. There are a lot of people around. Then he moved off the curb. I fired the first round. I didn’t hear the gun go off. I felt it . . . . I didn’t know if I had hit him, because there was no effect. And he continued to move and I fired a second round and I know that one struck him.” (quoted in Gallant 2017a)
Roy Wellington, the MacIsaac family’s lawyer, used cross-examination to note that most of Constable Taylor’s claims about what was said are not captured on a 911 call made by Ron Nino the witness who stopped the arriving Taylor and told him MacIsaac was in the area. On that call a voice is heard telling Nino “get back, get back” (Gallant 2017a). Only seconds later shots are fired. No one is heard at any point either issuing commands to MacIsaac or saying “Come on, come on.” Nino said that Taylor fired almost immediately. The MacIsaac family had that call analyzed by a forensic scientist to see if there were cuts or absences. That report concluded that “there are no definite signs of alterations or breaks found on this recording” (quoted in Gallant 2017b).
Queried Wellington: “I’m having a hard time understanding how we can hear someone further away from Mr. Nino, but we don’t actually hear you issuing any commands at all” (quoted in Gallant 2017a).
Wellington continued: ““Regardless of who shouted commands, there wasn’t much of an opportunity for Mr. MacIsaac to respond. Would you agree with that?” (quoted in Gallant 2017a).
Constable Taylor offered the rather desperate response that perhaps the cell phone malfunctioned. This despite the forensic tests. Taylor’s lawyer, Bill MacKenzie tried to suggest that 911 called Nino back and thus interfered with the call, which, frankly, makes no sense.
Questions are also being asked why Taylor shot MacIsaac twice and how he could not see if the first shot hit the man, since he was naked and there were no clothes to obscure a bullet strike and wound. Incredibly, Taylor believed the victim was “still a threat” even after he saw black-red blood streaming out of the stricken man’s abdomen. Two other officers took time to handcuff the dying man rather than giving him any medical attention.
Constable Taylor Proposes Phoney “Excited Delirium”
Taylor, desperately and pathetically, tried to introduce the phony notion of “excited delirium” to describe MacIsaac and justify the killing. Excited delirium is a bogus claim produced by police and police associations after the fact when they kill someone. Incredibly Taylor suggested this was his first thought when hearing over police that the person he was seeking might be suffering mental health issues. The family suggests that MacIsaac was in crisis as a result of an epileptic seizure but did not have mental health issues.
Anita Szigeti, a lawyer for the Empowerment Council, an advocacy group for people with lived experiences of mental health and addiction issues noted that organizations including the World Health Organization and American Medical Association do not recognize it as an actual condition (Gallant 2017b). Szigeti rightly pointed out that the only ones who maintain that it is a condition are the “maker of Tasers” and law enforcement members (Gallant 2017b). We might add pro-police criminologists or copagandists.
Szigeti posed this to Constable Taylor. In her words: “But, do you know ‘excited delirium’ is extremely controversial, over whether it’s even a condition at all?” (quoted in Gallant 2017b). Taylor answered simply, “Yes.”
Szigeti said that she was puzzled because Taylor promoted the notion of excited delirium at the inquest but the term does not appear anywhere in his notes on the shooting. Neither does it appear in his interviews with the Special Investigations Unit or the Office of the Independent Police Review Director (Gallant 2017b).
This led Szigeti to conclude: “I’m going to suggest to you that you never thought about ‘excited delirium’ at all until long after the events when you shot Mr. MacIsaac” (quoted in Gallant 2017b). This at base the nature of this phony claim. It is an after the fact justification for killer cops desperate for an answer when all reasonable explanations are absent.
Joanne MacIsaac, Michael MacIsaac’s sister, is also asking if the SIU bothered to listen to the Nino 911 call in its investigation into the killing which resulted in a decision not to bring criminal charges against Constable Taylor.
Taylor ended his testimony, on its second day, with the admission, in response to a question from a juror: “With hindsight being 20/20, yes, there probably could have been a better way to resolve it” (quoted in Gallant 2017b).
Gallant, Jacques. 2017a. “Durham Cop Who Shot and Killed Michael MacIsaac, Testifies at Inquest into MacIsaac’s Death.” Toronto Star. July 20. https://www.thestar.com/news/gta/2017/07/20/durham-cop-who-shot-and-killed-michael-macisaac-testifies-at-inquest-into-macisaacs-death.html
Gallant, Jacques. 2017b. “At Inquest into Death of Michael MacIsaac, Cop Concedes there was a Better Way to Resolve Issue.” The Toronto Star. July 21. https://www.thestar.com/news/gta/2017/07/21/at-inquest-into-death-of-michael-macisaac-cop-concedes-there-was-a-better-way-to-resolve-incident.html