Inquest jury stops short of saying Wigan man who died after citizens’ arrest was ‘lawfully’ restrained

Jordan Higham, 25, went into cardiac arrest after being detained by two members of the public who suspected he was trying car door handles on their street.

The pair had used a car to search for Mr Higham on his pedal cycle in the early hours of November 6, 2017, an inquest at Bolton Coroner’s Court was told.

During his bid to escape, Mr Higham crashed into a parked car on Nicol Mere Drive, Ashton, and landed on the ground, where he was restrained by the two brothers until police arrived around 10 minutes later.

Mr Higham – who had been struggling to break free during the restraint – was found to be unresponsive and emergency CPR was carried out by police at the scene.

He was then taken to Wigan Infirmary and transferred to intensive care, where he was pronounced dead later the same morning.

In his summing-up of the case, coroner Peter Sigee directed the jury – made up of six women and four men – to deliver a narrative conclusion as to how Mr Higham died, but ruled out a finding of unlawful restraint.

The medical cause of his death was given as an unsurvivable brain injury due to cardiac arrest, in association with restraint by two members of the public and struggling on a background of multiple drug use and other stress factors, including vigorous physical activity.

In his summing-up of the jury’s decision, Mr Sigee said: “Mr Higham was allegedly seen by one member of the public appearing to try car door handles.

"Following this he was vigorously pursued by two members of the public into Nicol Mere Drive, Ashton. Mr Higham then had a road traffic accident with a stationary vehicle. This caused him to fall to the floor. At this point Jordan was restrained by two male members of the public and local residents alerted the police. When the police arrived they found Jordan unresponsive.

"Resuscitation efforts were carried out by police, paramedics and the hospital team, however despite all efforts Jordan suffered an unsurvivable brain injury.”

After the inquest, Mr Higham’s father Vincent paid tribute to him, saying: “He was extremely well-thought of by all his friends and family. The community is still feeling his loss.

"It’s been hard work waiting so long for the inquest but the jury gave the only outcome they could give.”

The three-day jury inquest held at Bolton Coroner’s Court heard evidence from the two brothers – Liam and Ryan Turner – who restrained Mr Higham.

Residents who witnessed the incident, along with police, paramedics, and medical experts, also gave evidence.

The inquest was attended by members of Mr Higham's family, including his father Vincent and stepfather James Kelsall.

Four residents of Nicol Mere Drive each told the coroner they were disturbed by the sound of a "bang" and men shouting shortly after 3am on November 6, 2017.

They described seeing a "slim man" lying on the ground, with two men – identified as brothers Liam and Ryan Turner – restraining him.

Mr Higham was described as "kicking his legs frantically" while the two other men were shouting for help and asking for the police to be called because Mr Higham had been "trying to rob cars.”

Pathologist Dr Naomi Carter, who carried out a post-mortem examination on Mr Higham, said he had suffered irrecoverable brain damage as a result of going into cardiac arrest. A number of illicit substances were found in his system, comprising the synthetic drug "spice", along with cocaine and non-prescribed valium.

Dr Carter told the jury that Mr Higham had collapsed during the restraint, which lasted for around 10 minutes.

"The risk of collapse becomes greater the longer the restraint because of the stress caused, and his condition was also complicated by his drug intake, which could have unpredictable effects," she said.

The two brothers who restrained Mr Higham denied they had used excessive force to detain him while waiting for police to arrive.

Older brother Liam said he was first alerted when he heard someone outside the family home and saw a man trying car door handles.

He said: "I thought he was trying to break in, so I went to alert my brother to tell him there was someone in the driveway."

They got into Liam's black Subaru, found the suspect on a bicycle further down the street and drove up alongside him.

Mr Higham fell off his bike when he crashed into a parked car, and Liam Turner said his brother Ryan and Mr Higham ended up lying on the floor "head to head."

When asked by Mr Sigee about their justification for restraining Mr Higham, Ryan Turner said: "He was trying to steal out of cars. That entitled me to restrain him for the purposes of an arrest.

"I was focused on keeping hold of him in case he had a weapon. He was fighting us throughout the whole ordeal. As soon as police arrived, he stopped trying to fight anyone. I was shocked when they started to perform CPR on him."

Mr Higham, of Yewdale Road, Ashton, was a former Byrchall High School pupil whose occupation was given as “yard operative” at the hearing.

An inquest looking into the circumstances of Mr Higham’s death was scheduled to be held in April 2020, but that date had to be vacated when the coronavirus pandemic began.

Two police investigations also ended without any criminal charges being brought following the incident.