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Open verdict in 1997 death

The cause of a tragic drowning of a father of two almost four years ago remains uncertain after a Coroner delivered an open verdict at an inquest yesterday.

Magistrate Edward King made the ruling after hearing evidence from an American pathologist who said an autopsy showed Delton Burchall's fall into the sea off the North Shore Road, Devonshire on October 18, 1997 had been an accident.

Mr. King also heard a statement from Chico Russell, who was smoking cocaine with the 22-year-old when he fell off the rocks at Robinson's Bay Park, near the old ZFB studios. Russell is understood to be serving a ten-year jail term in an Arkansas state prison for armed robbery.

In a statement to Police, Mr. Russell described how he "panicked and ran" after Mr. Burchall had grabbed him and tried to pull him out of the knee-deep water.

"I am not prepared to go so far as to rule that the manner of death was an accident," ruled Mr. King. "What happened rests solely on a statement from (Mr.) Russell. In these circumstances, in which the deceased has drowned, I return an open verdict."

Mr. Burchall's mother Linda Lottimore broke down in tears after hearing the evidence. Others in the court shouted "Yes!" when Mr. King announced his findings.

The Royal Gazette was unable to contact Mrs. Lottimore last night.

At the hearing, Police Sgt. Calvin Smith read a statement from Mr. Russell, which he obtained during an interview at a prison in Jefferson County, Arkansas, in February 1999, which gave his version of how Mr. Burchall fell to his death.

The statement differed somewhat from what Mr. Russell originally told the Police.

Instead of saying that he had gone "to use the bathroom" when his friend had fallen, as he did shortly after the death, Mr. Russell told Sgt. Smith that he had tried to help his friend out of the water and then "panicked and ran".

He described how they had both gone to Robinson's Bay Park to "sit off and do dope and cocaine".

He said Mr. Burchall had gone up to "the top of the rocks to stand" just before he heard a noise "which sounded like someone stumbling".

"Delton had fallen into the water. I turned him over so he could breathe but he was cramping up and he had foam coming out of his mouth."

"I was holding him in my arms. The water was up to our knees. Then Delton ripped my shirt. He wasn't himself. He looking like he was swimming and then his hands cramped up, making fists.

"I panicked and ran," Mr. Russell continued. "I went and tried to hotwire a bike. Then I went to the road and tried to stop some cars which were passing but they didn't want to help me."

Russell told Det. Sgt. Smith he then ran to the nearest payphone and dialled 911.

"Then the Police came and pulled him out of the water. I was scared people would think the opposite of what really happened. Then my mother told me not to say anything to the Police, so I told them that I went to the bathroom. But really I panicked after he grabbed me. Before this, I haven't told anyone but a few family members what happened."

The autopsy report, written by Miami pathologist Dr. Valerie Rao but read in by Insp. Howard Cutts, was cited by Mr. King as being having been written by an independent observer who would not have any interest in covering up the facts.

"Any idea that this might be a cover-up goes out under Flatts Bridge with the tide," Mr. King said.

The report established that Mr. Burchall had 0.2 milligrams of cocaine in his blood when he died.

On questioning from Police prosecutor Sgt. Phil Taylor, it was established that, in order for the drug to have been at fatal levels, there would have had to have been 0.9 milligrams of it in his blood.

Dr. Rao said she believed Mr. Burchall's death to have been an accident, caused by drowning which was brought on after he hit his forehead on a sharp rock in the water where he was found.

"There is a lack of evidence to support criminal activity," she concluded.

Shortly after his death, Ms Lottimore described her son as "a very quiet, humble person".

A former Whitney Institute student, he is survived by two children.