THREE Metropolitan Police officers are facing disciplinary action over the death of a black man they restrained who told them “I can’t breathe” and “I’m going to die.”

But the Independent Police Complaints Commission (IOPC), which ordered the disciplinary action, has decided not to pursue criminal prosecution.

Kevin Clarke, 35, was suffering a mental health crisis when he died following restraint by nine police officers in Lewisham in South London on March 9, 2018.

He was held under restraint for 33 minutes.

In 2020, an inquest found that “inappropriate” restraint by police contributed to his death.

An initial investigation by the watchdog did not identify any criminal or misconduct issues with police actions.

Mr Clarke’s mother Wendy Strachan said his family was “emotionally and physically exhausted” by delays and a “constant battle” with the IOPC over the investigation.

Research Inquest found that black people are seven times more likely to die than white people following restraint by police.

The legal campaign group said the investigation systems “fail to address racism or enable justice or accountability.”

Inquest director Deborah Coles said that “robust scrutiny” at the inquest into Mr Clarke’s death exposed the officers’ conduct and “revealed serious concerns” about the IOPC’s initial investigation.

“Without the pressure on the IOPC by the family’s lawyers to review the inquest evidence, this misconduct decision would not have come about,” she said.

“Once again, we question whether the IOPC can do the job we need it to do to hold the police to account for criminality and wrongdoing.”

IOPC director Steve Noonan said: “We have determined that two officers have cases to answer for gross misconduct.

“We also determined that a third officer should attend gross incompetence proceedings.”