IOPC investigation finds no case to answer for police officer who discharged Taser before fatal fall in Birmingham

An investigation by the Independent Office for Police Conduct (IOPC) concluded that a West Midlands Police officer should not face misconduct proceedings for tasering a man who fell to his death from a window in Birmingham.

The IOPC investigation followed the death of 34-year-old Ayuub Abdi who fell from the two-storey window of his room at a multi-occupancy property in Handsworth in the early hours of 6 September 2023.  

At the end of a nine-day inquest the jury today (Thursday 27 November) recorded that Mr Abdi died as a result of head injuries sustained in the fall during the attempt by police to detain and arrest him. In their narrative conclusion the jury said the sum of the related evidence did not clearly confirm whether the use of Taser did or did not contribute to Mr Abdi’s exit from the window.

Our investigation, following a referral from West Midlands Police looked at the actions and decision of officers who attended the incident, one officer’s use of Taser and whether police acted in line with legislation, procedure and policy.

Police attended Mr Abdi’s address after reports that he had attacked and injured two residents, and attempted to stab them. Officers were directed to Mr Abdi’s room on the top floor while others remained outside in case he should attempt to escape via an open window, which had the blinds closed.

Police body worn video (BWV) footage obtained by our investigators showed one of the officers approaching Mr Abdi with his Taser drawn, as he believed he was still in possession of a knife. Mr Abdi had got up from a sofa and was stepping on to the back of a chair next to it when the Taser was discharged, at which point he fell forwards out of the window.

IOPC Director Derrick Campbell said: “Our sympathies remain with Mr Abdi’s family at this difficult time for them, and all those affected by his tragic death.

“Our final decision was that there was no case to answer for the officer who discharged his Taser. We gave weight to the circumstances faced by the officer, given two people had been injured, and a report by an independent expert who concluded that Taser was the most appropriate tactical option to achieve immediate control of a suspect who was believed to be armed with a knife.  

“In terms of the proportionality of the force used, it was also our view there was insufficient evidence upon which a disciplinary panel could conclude that the officer did not form a belief that Mr Abdi posed a threat to him, or that it was unreasonable in all of the circumstances for him to have done so.”

At the end of the IOPC’s investigation in April 2024 a file of evidence was submitted to the Crown Prosecution Service, which decided not to bring any charges against the officer.

During our enquiries IOPC investigators reviewed a large amount of BWV and CCTV footage. We interviewed the officer who used his Taser and obtained accounts from other officers who were treated as witnesses. Statements were also obtained from ambulance staff and the two assault victims who provided mobile phone footage they had recorded prior to police arriving at the scene.