Fatality inquiry into Hatter’s prison death released

By Peggy Revell on April 17, 2017.

prevell@medicinehatnews.com @MHNprevell

A two-page fatality inquiry report on the 2011 prison death of a Medicine Hat man convicted of first-degree murder places the blame on fentanyl and makes no recommendations.

“The evidence heard and considered at the Fatality Inquiry … did not suggest a criticism, review or recommendation in respect of the Commissioner’s Directives nor Board of Investigation Report as presented,” reads the report written by Provincial Court Judge George J. Gaschler, and released publicly last week.

The three-day fatality inquiry took place from Jan. 30 to Feb. 1 at the Drumheller Courthouse, and looked into the death of the former Medicine Hat resident who was convicted for the April 1992 murder of Darlene Korolak.

Derek Brian Upton was 15 at the time of the murder but was tried and convicted as an adult for first-degree murder. He was sentenced to life in prison. Under the provisions of the Young Offender Act in force at the time, Upton was to be eligible for parole after 15 years incarceration.

On Christmas Eve 2011, Upton and fellow inmate Nicholas Whynott were found dead in their separate cells at Drumheller Institute from a suspected drug overdose. Another inmate had died at the prison two weeks previous. Parole Board of Canada documents obtained by the News at the time show that Upton had become a methamphetamine addict while incarcerated.

Gaschler’s two-page report concludes that the 35 year old’s cause of death was “polypharmacy toxicity” from fentanyl/norfentanyl and was accidental.

“Mr. Upton ingested the fatal dosage found in his body which had been illicitly obtained within the Drumheller Penitentiary,” the report reads.

There were no recommendations given for the prevention of similar deaths.

Instead, the report states that since 2011 “Fentanyl has been identified as a drug which obtained and ingested from non-medically prescribed sources to be dangerous to health and fatal because of the unknown concentration of the drug so obtained.”

Since 2011, Nacre nasal spray has been made available and placed with Corrections Canada personnel, the report states. This spray can temporarily reverse the effects of an opioid overdose until emergency services arrive. Guidelines and training for corrections personnel have also been provided for its use.

The report also states that witness testimony was heard from Canada Corrections officials about security measures at corrections facilities on preventing illicit drugs from entering jails, and how inmates are monitored.

At the time of his death, Upton was nearing his 20th year of imprisonment for his part in the murder of 44-year-old Korolak. Korolak was murdered in her Medicine Hat home, and her body was dumped in a dugout near Irvine.

Upton was convicted alongside Korolak’s 18-year-old son, who was also sentenced to a 10-year jail term for first-degree murder. Two other youths were also convicted. One 15-year-old was convicted on first-degree murder charges as a youth, and sentenced to five years in custody. A fourth youth was convicted and sentenced to three years in custody for murder conspiracy.