Psychiatrist explains decision to remove Timi Gusak from suicide watch days before his death

A psychiatrist who saw Timi Gusak days before he died said the inmate appeared cooperative and logical during his assessment.

Gusak died in hospital after being found in medical distress in his cell at Maplehurst Correctional Centre in October 2019. The 32-year-old was facing three counts of sexual assault against young girls in Waterloo Region, and child pornography charges.

He was awaiting trial when he died.

On Monday, the inquest heard he died after wrapping a bedsheet loop around his neck – and it was revealed the ligature was already in the cell when Gusak was moved there after being taken off suicide watch.

Psychiatrist Dr. Robert McMaster testified he took Gusak off suicide watch upon consulting with other mental health professionals familiar with the inmate.

McMaster said being on suicide watch cells is “a very uncomfortable place.”

“We know it can lead to a worsening of people’s mental health,” he said during testimony.

McMaster said when he met with Gusak, the inmate was a bit monotone, but otherwise presented as logical and cooperative. McMaster said Gusak wanted to get out of suicide watch because he wasn’t sleeping well. He said Gusak denied feeling any psychotic symptoms or mood concerns.

Maplehurst Correctional Complex in Milton, Ont. is seen in a file photo. (Corey Baird/CTV News Toronto)

The psychiatrist also testified that Gusak was talking about “protective factors” – described as life purposes such as career, family and hope for the future.

“I thought I would see him again and have a serial assessment and get to know him better,” McMaster testified, meaning he intended to have follow up appointments and make progress with Gusak.

“[I was] quite shocked about what happened, obviously. The tragedy that happened.”

McMaster said he has thought about what could have been done differently, and one point he vocalized was for inmates to have private access to mental health professionals.

McMaster said in many circumstances, like in his meeting with Gusak, mental health assessments conducted in or near their prison cells. There are often guards nearby within ear shot, so McMaster questioned how comfortable inmates feel opening up. He said at some other institutions, there are private interview rooms where mental health professionals can work with inmates when they feel safe doing so.

McMaster mentioned that he knew Gusak felt unsafe around other inmates and guards because of his sexual assault charges.

“If people find out that [inmates] have offences towards children, or sexual offences, they’re at risk from other members of the population,” McMaster testified.

“It’s scary and it can happen not only from inmates, but also from staff.”

During cross examination, the counsel representing the Gusak family asked McMaster about the cell where the inmate was brought.

Counsel Sean Biesbrock asked: “When you were making that decision [to take Gusak off suicide watch], I would put it to you that you did not know at the time that Mr. Gusak would be locked in a cell alone with a pre-made ligature hanging in plain sight. Is that correct?”

“That would be shocking to me. I wouldn’t know that,” McMaster replied.

“There would be no setting that I would want him placed in a situation like that.”

McMaster said he would have kept Gusak on suicide watch to avoid that setting.

Prison sergeant testimony

Sgt. Chris Battaglia, who began his testimony on Monday, continued Tuesday afternoon.

He explained an interaction he had with Gusak one day when doing rounds.

He said he saw Gusak on the top bunk in his cell, with a sheet wrapped around his neck loosely.

Battaglia said when he went in to question the inmate, Gusak said he was just playing around. Still, Battaglia said he “didn’t like the look of it” so he called the mental health team, who placed him on suicide watch.

'That’s a huge red flag': Prison guard testifies

Allen McKinnon, an officer who performed lifesaving measures on Gusak when he was found in his cell, testified Tuesday afternoon.

On that night, another officer alerted McKinnon there was a medical emergency.

The two officers could see Gusak in his cell with a bedsheet looped around his neck. McKinnon said the inmate was already going white.

They removed the loop, and brought Gusak outside of the cell so other medical help could quickly access him.

The officers performed resuscitative efforts, and then Gusak was taken to hospital where he died.

McKinnon said Gusak was in the unit that he oversaw – unit 11 – for about two months before his death. He said he never spoke to the inmate because he only worked nights, but he was aware of Gusak and his charges. He called him a “high-profile inmate” noting the media attention his case received.

McKinnon said he knew other inmates were also aware of those charges, and he made a mental note to keep an eye on Gusak because he knew other inmates might target him.

He said he never had any personal ill will towards Gusak.

“I don’t take things personally. It doesn’t make for a good career,” McKinnon testified.

Counsel then asked MacKinnon about the bedsheet loop that was already inside the cell where Gusak was moved.

“When we clean cells, everything comes out. I don’t see how that would be left in. I would certainly never do it, especially if it was a loop” McKinnon testified.

“I don’t see how that could happen.”

McKinnon was asked if it’s possible that an inmate who had been using the cell before Gusak could have used the loop because of mobility issues – to help get up and down from the bed.

McKinnon replied saying that was possible, but he said it is “definitely” something that he would remove.

“I find it hard to believe that that would be left in the cell. That’s a huge red flag in the jail – to see a loop and not take it down,” he explained.

“I find it hard to believe that someone would witness that and not remove it.”

The inquest continues Wednesday morning.