Danielle Stephanie Warriner died following an altercation with security guards at Toronto General Hospital in May 2020, after she refused to properly wear a mask. But an Ontario judge struck down the case that was set to begin this May, clearing the guards of any wrongdoing.."My first reaction was shock, horror. There's been no accountability and there's a gaping hole in my heart," Warriner's sister Denise told CBC News.."She was a very tiny woman who was clearly unwell, sitting, dealing with respiratory distress, and they wrangled her to her death. There was no lawful reason for them to have ever put hands on her. This ought to have been put to a trial.".On May 10, 2020, Warriner, who suffered from chronic obstructive pulmonary disease (COPD) arrived in hospital with a cough and short of breath. Warriner was presumptively treated as COVID-positive, though she later tested negative for the virus. .Footage of the incident that led to Warriner's death was recently released after a publication ban on the case was lifted. The video shows Warriner sitting in the hospital's lobby wearing a blue medical gown and a mask around her chin. Warriner was repeatedly told to put on her mask before the security guards approached her..The altercation was not captured by the security camera, as it pans away as the security guards approach Warriner. At a preliminary hearing, the guard who turned the camera testified he did so because he "panicked" and "got really anxious." The guard was allowed to keep his job..The guard pushed the woman against a wall and then restrained her on the ground. Following the incident, an unconscious, handcuffed Warriner is wheeled away by the guards. She died 16 days later..The coroner's report into the 43-year-old's death found she passed away from a brain injury resulting from a lack of oxygen due to "restraint asphyxia following struggle and exertion." Her COPD was found to be a possible contributor to her death.."But for her interaction with the Applicants, Ms. Warriner would likely be alive today," the forensic pathologist testified at the preliminary hearing..Amanda Rojas-Silva, 42, and Shane Hutley, 35, had been charged with manslaughter and criminal negligence in Warriner's death. But those charges were dropped after the judge found there wasn't enough evidence to take the case to trial. .In the aftermath of the altercation, both guards had claimed Warriner repeatedly assaulted Rojas-Silva, throwing several punches and kicking her feet. But it was later determined that the guards lied after video footage surfaced.."Later on, Mr. Hutley began sobbing and admitted he had not been truthful in the report, saying 'I'm sorry. I would have never said the things I said in there if I knew there was a video,'" the court document says. .The Ministry of the Attorney General has said the Crown won't appeal to have the case revived, but it wouldn't comment on why..Warriner's sister said that a case where guards facing trial for the death of her loved one could suddenly evaporate is "egregious."."It appears anyone who is anointed with any use of powers, use of authority... has a licence to kill," she said.
