Jury retires to decide if domestic abuse contributed to Grantham mother Daniela Espirito Santo’s death

A jury has been asked to decide if domestic abuse "more than minimally" contributed to the death of a Grantham woman.

The jury retired to begin its deliberations into the death of Daniela Espírito Santo, of Chestnut Grove, Grantham, as the inquest entered its 10th day today (Wednesday, October 16).

Daniela died in the early hours of April 9, 2020, hours after reporting her then partner, Julio Jesus, for assaulting her.

Mr Jesus was later released on bail but breached conditions not to visit Daniela’s address or contact her by returning to the flat she lived in with their two children.

Shortly before midnight, Daniela called 999 to report a further assault by Mr Jesus. However, after telling the operator he had left the premises, she was told to call 101.

The call handler had not seen a "critical marker" on her records denoting that any response to her or her address should be considered "urgent."

He realised his mistake shortly after putting the phone down and sent officers to her address; however, they were too late, and Daniela was found unconscious on her sofa with her child in her arms.

She was pronounced dead at the scene shortly after midnight.

The National Domestic Violence Helpline is a 24hr Freephone available on 0808 2000 247 operating 24 hours a day, seven days a week

Senior coroner for Greater Lincolnshire, Paul Smith, said there were two possible conclusions the jury could provide - unlawful killing, a narrative conclusion, or a combination of both.

The jury will be asked to consider whether Daniela had been the subject to domestic abuse, assault and controlling and coercive behaviour by her then partner in the lead up to her death on April 9, 2020.

They will be asked to consider her underlying heart condition and whether a second assault or a further altercation led to enough emotional distress that it caused cardiac arrhythmia and sudden cardiac arrest.

“All the evidence you have points to, at the very least, an altercation,” he said.

“The weight of the evidence… is frankly overwhelming.”

He reminded the jury that their role was to record the facts of the case, including who Daniela was, when she died, where she died, and how and under what circumstances she came to die.

"This is not a trial, nor is it a wider inquiry into the standards of Lincolnshire Police," he said.

He also asked the jury to "put your emotions to one side" in their deliberations.

Certain factors around Daniela’s death have been agreed, including that she died following an acute myocardial insufficiency "precipitated by an altercation."

The jury has been asked to fill in forms with their answers to questions, such as whether it was likely there was an altercation or an assault by Mr Jesus prior to her death, whether it was likely Mr Jesus knew he would cause Daniela serious harm, and whether the use of force more than minimally contributed to her death.

In guiding the jury, Mr Smith reminded them that Mr Jesus, for instance, had told police officers when being interviewed that he was aware of her heart condition. An expert cardiologist had also said it was "very clear from Daniela’s emotional state (on her later 999 call) there was a more than minimal contribution" to her cardiac arrest.

They will also be asked to fill in a questionnaire of 11 further yes or no questions about the factors surrounding Daniela’s death and whether they made a "minimal, negligible or trivial" contribution to it.

The jury will also be asked to consider the actions of Lincolnshire Police including whether incidents had been underreported, whether that led to further crimes being “conducted in ignorance”, whether bail conditions had been appropriate and what more could have been done.

During the previous two weeks, the jury has heard evidence, including a pathology report that confirmed the medical cause of death.

They have also heard evidence from police officers who attended a series of incidents in the year leading up to her death, as well as transcripts of her calls and interviews with Mr Jesus carried out by officers.

They have heard how Daniela displayed a number of risk indicators for controlling and coercive behaviour across several incidents, which became an offence in 2015, alongside other domestic abuse incidents.

Dash (Domestic Assault, Stalking and Harassment) assessments carried out by police have reported varying grades of risk but have been acknowledged to have lacked detail, while officers have been questioned on why they did not ask follow-up questions or take account of previous reports.

A key issue for Daniela’s family and her counsel has been the practical training officers have received around dealing with controlling and coercive behaviour and domestic abuse, with several officers who gave evidence to the inquest acknowledging they had not received any specific modules.

The College of Policing’s Authorised Professional Practice (APP) guidance, which says "controlling and coercive behaviour can be subtle and officers need practical training," has been a key line of enquiry for the family’s counsel.

One officer was forced to apologise during the inquest after making an inappropriate joke while awaiting Mr Jesus’ arrival in custody.

The jury has also heard tributes from family and friends, as well as witness statements from neighbours and emergency services from the night Daniela was found.

A police expert has also told the jury that there were “missed opportunities” to get to grips with Daniela’s case earlier.

Mr Jesus was arrested and charged with manslaughter following Daniela’s death. However, by the time this reached court, it had been reduced to two counts of assault occasioning actual bodily harm due to the lack of medical evidence linking an assault to her death. He was sentenced to 10 months in prison and has been out of prison for some time.

Mr Jesus has not engaged with the inquest and is understood to have since returned to his home country of Portugal.

The inquest continues.