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Winnipeg

‘Tragic but not preventable’: Inquest released into in-custody death of Manitoba sex offender

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Stony Mountain Institution (File image)

A Manitoba judge has found the in-custody suicide of a Manitoba sex offender while tragic was not preventable.

Two months before 34-year-old Timothy Koltusky, 34, died by suicide, he told a psychologist he was in “a living hell” and was being bullied and threatened by other inmates. These details were revealed during the inquest into Koltusky’s death while in custody at Stony Mountain Institution in March 2019.

An inquest was called and on Tuesday, senior provincial judge Donald Slough released his findings.

“Based on the evidence presented at this Inquest I find that Timothy Koltusky’s death, while tragic, was not preventable,” the judge wrote, adding it is impossible to know what prompted him to take his own life.

Slough described Koltusky as having a difficult background, reportedly telling corrections officers he suffered physical and sexual abuse as a child.

The report said his biological parents were alcohol and drug abusers who played no role in his childhood, leaving Koltusky to spend years in foster care.

He was involved with arson and assault while a minor, the report said. Other offences followed starting when Koltusky was 20 years old, which led to incarceration for much of the remainder of his life.

‘A dangerous sexual offender’

The report said in 2005, Koltusky assaulted two sex workers within days of each other. Both were able to escape the attacks. Koltusky was arrested two days later.

As a result, Koltusky was eventually sentenced to eight years in prison and a 10-year long-term offender order. Most of the eight-year sentence consisted of time already served, the report said.

However, Koltusky continually breached the long-term sentence order starting in 2012. This resulted in more stints of incarceration at a number of institutions. His final sentence was served at Stony Mountain, the province’s only federal facility.

A psychiatric assessment found Koltusky had a personality disorder with antisocial, borderline and narcissistic traits. He was diagnosed as a sexual sadist, the report reads.

A specialized sex offender risk assessment conducted in 2015 found he was at a very high risk of reoffending.

“Given this evidence, the only conclusion that can be reached was that Timothy Koltusky was a dangerous sexual offender,” Slough wrote in his report.

He also noted Koltusky’s medical history showed two suicide attempts in 2002 and 2008.

Koltusky died on March 12, 2019. A correctional officer on security patrol found Koltusky in his cell. They tried to revive him, but he was pronounced dead. The cause of death was suicide by hanging, the report noted.

The death was investigated by the Correctional Services of Canada Board of Inquiry that May.

“Having carefully reviewed that report I am satisfied the steps taken by correctional officers on March 12, 2019, were appropriate, to try to save Timothy Koltusky,” Slough wrote.

“Evidence at the inquest from the acting warden at the time supported this conclusion.”

He added Koltusky’s history of suicide attempts was known and flagged, so he was placed in a unit used for protective custody, as officers were concerned his status as a high-profile sexual offender would make him a target for violence and bullying.

Still, the report said Koltusky was bullied, though the extent is not known, as inmates are unlikely to tell correctional staff for fear of retaliation.

‘Not displaying any signs of mental health issues’

Two months before his death, Koltusky told a psychologist he had feelings of anxiety from being threatened or muscled by other inmates because he was a known sexual offender.

He said certain individuals made life “a living hell.”

“When asked by Crown counsel if this disclosure would trigger a transfer to another unit or institution the witness indicated such a transfer would only come about if it was requested by the inmate,” Slough wrote. “Timothy Koltusky made no such request.”

The inquest also heard from Koltusky’s parole officer. He testified Koltusky did not disclose information or concerns relating to mental health issues or mental health destabilization prior to his death.

“He described Timothy Koltusky as forward thinking and not displaying any signs of mental health issues.”

Slough wrote while there were staffing challenges at the institution, there is no evidence to suggest that inadequate care or supervision contributed to Koltusky’s death.

The full report can be read on the Manitoba Courts website.