CCTV footage released of ‘citizen’s arrest’ of suspected burglar after carer is cleared of manslaughter

A ‘citizen’s arrest’ carer who apprehended and pinned down a burglar who later died has been cleared of manslaughter.

Nathan Smith, 38, was put on trial accused of using ‘excessive force’ during his restraint of Craig Wiltshire, 4, in a Bristol suburb where he worked as a live-in carer.

The court heard the defendant tackled the victim to the ground to stop him escaping before police arrived after he was seen trying to break into people’s homes in the middle of the night.

Smith then pinned Mr Wiltshire’s chest down in the road with his head twisted to the side for a total of nine minutes, the jury heard.

Smith told the court he had not intended to harm Mr Wiltshire - but was just trying to perform a ‘citizen’s arrest’.

And the the jury on January 26 returned a not guilty verdict after agreeing that the force he used during the incident in Bristol on November 20, 2019, was not excessive.

Smith was told by the judge he was free to go after a nine-day trial at Bristol Crown Court.

As he left the dock, Smith thanked the jury by making a prayer sign with his hands.

During the trial, CCTV of the 12-minute restraint was shown to the jury with the victim repeatedly saying ‘I can’t breathe’.

Prosecutors had claimed that although it recognised the restraint, the citizen’s arrest, and the hold were all lawful - it argued that Smith had used ‘excessive force’ by not easing up the pressure on him.

Summing up to the jury, Mr James Ward, prosecuting, said Smith was ‘motivated by revenge’ and ‘teaching him a lesson’.

But jurors rejected the prosecution claim after hearing a ‘perfect storm’ of factors had caused the death of Mr Wiltshire.

In his final submissions, Mr David Hughes, defending, said Smith ‘did not go out to be a vigilante’ and he was ‘publicly spirited in his actions’.

He told the jury the incident took place during ‘highly charged’ circumstances and said it should be recognised that Smith had no experience of restraint techniques.

He added: “He was dealing with a burglar who was struggling to get away and he wants to detain him until police arrive to arrest him.”

He also pointed the jury towards the evidence of expert Prof Jason Payne-James who argued the force was ‘not excessive’ and that Mr Wiltshire died as a result of a “perfect storm” of factors.

These included his slight build, a pre-existing heart condition, his lack of restraint training and the fact Mr Wiltshire had taken diazepam and methadone.

Mr Wiltshire died two weeks after the incident in hospital on December 4.

Giving evidence, Smith had told the jury he had not intended to harm Mr Wiltshire and was trying to do a public service by not letting him go free.

He told the court he jumped into action as there had been numerous incidents of houses, cars and garden sheds being broken into in the middle of the night.

He said he was alerted to a suspect male - now known to be Mr Wiltshire - who was seen on CCTV trying to gain access to cars and homes on the street where he lived.

He told the jury: “I was just going to detain him and allow the police to get there.

“I saw him riding his bike. I pulled him off the bike and held him to the floor so he could not escape.”

Smith said he didn’t believe the claims that he ‘could not breathe’ were genuine and felt it was just a way for Mr Wiltshire to try and escape.

He added: “At no time did I mean any harm to this male - I was simple making a citizen’s arrest.”