Daniel Patrick Lewis: Coroner delivers findings into fatal police shooting of man who had ‘gone ape’

A regional Queensland man shot dead by police had gone “ape”, attacking his partner and her son before arming himself with knives and warning he had a shotgun loaded, a court has been told.

Disturbing details of the violent tirade Daniel Patrick Lewis embarked on hours before his death were revealed by state coroner Terry Ryan more than three years after the fatal police shooting.

An inquest into the 36-year-old’s death had examined whether the actions of attending officers and their training had been appropriate.

But in his findings, delivered on Tuesday, Mr Ryan said officers had acted appropriately in the face of the thrxjmtzyweat he posed.

Daniel Lewis was shot dead by police in an incident in Norman Gardens.
Daniel Patrick Lewis was shot dead by police in an incident in Norman Gardens, near Rockhampton, in 2018. A coroner has delivered his findings into the man’s death, concluding police acted reasonably in the circumstances of the threat Lewis posed. Credit: Supplied

 

“I do not consider that there are any useful recommendations that I can make connected with Mr Lewis’ death to prevent deaths from happening in similar circumstances in the future,” Mr Ryan said.

Lewis died on August 31, 2018 at his then-partner’s home in Rockhampton.

That night, his partner and her 19-year-old son called triple-0 after Lewis became aggressive.

“The son told the call-taker Mr Lewis had hit his mother, gone ‘ape’ and chased him outside,” Mr Ryan said.

She (Lewis’ partner) told the call-taker Mr Lewis might need an ambulance because he was suicidal.”

The inquest was told Lewis had been drinking through the afternoon but “did not seem himself”, saying he was “feeling numb” and asking his partner if she would “come to his funeral”.

“I accept that the triple-0 calls did indicate that Mr Lewis may have been suicidal, was agitated and may have been experiencing mental health issues,” Mr Ryan said.

Until his death, he had never been violent to his partner or her children.

Several officers attended the Geoff Wilson Drive home after 7.20pm, entering through the back.

Mr Lewis yelled he had a shotgun loaded and was holding three knives when he confronted the officers.

Despite warnings to drop the weapons, he hurled a knife at an officer but missed.

A taser was deployed but it also missed Mr Lewis.

Police at the scene in Geoff Wilson Dr, Norman Gardens after the fatal shooting.
Police at the scene in Geoff Wilson Dr, Norman Gardens after the fatal shooting. Credit: News Regional Media

As Lewis was poised to throw another knife, constable Jack Ziemins-Hill fired two shots at his chest and abdomen.

Despite first aid treatment, Lewis could not be revived.

“Mr Lewis repeatedly said ‘just let me die, please just let me die’ as police endeavoured to help him,” Mr Ryan said.

Mr Ryan noted the act of entering the backyard may have escalated Lewis’ level of aggression, but it was a “reasonable decision” as they did not know the threat he posed.

He noted Mr Lewis had a significant history of addiction to alcohol and the drugs that affected his mental health, along with an acquired brain injury he sustained as a child.

Mr Ryan concluded the training given the officers was appropriate in assessing Mr Lewis while he was in a mental health crisis.

Lewis had a criminal history across New Zealand and Victoria and was due to face court in Queensland on accusations he assaulted police.

His partner gave evidence they had arguments, but he had never been physically violent towards her or her children, but noted he drank too much and his behaviour changed while drinking alcohol.

Lewis also had a history of mental health issues.

Mr Ryan ultimately made no recommendations on any changes or policies to prevent future, similar deaths.

“I do not consider that there are any useful recommendations that I can make connected with Mr Lewis’ death to prevent deaths from happening in similar circumstances in the future,” he said.

“I extend my condolences to Mr Lewis’ mother, siblings and children. It was clear from the statement that his mother read at the conclusion of the inquest that he was deeply loved, and the family share many positive memories of their times with him.”

Domestic Violence helplines

Mental health support