No charges to be laid in case of excessive force
RUEZ @ Sat Nov 11, 2006 11:05 am
stratos stratos:
I'm curious just how would you suggest that he "get her under control"? For the sake of this discussion, between you and me, we will assume she was doing something while handcuffed that she did need to be further controled. I dont know beyond the artical just all that occured. I'm more curious how you would have him get her under control while not commiting some sort of "assult".
Side note from the pic it looks like he is attempting a bracial stun move. not sure on the spelling. I'm a former corrections officer and thats one of the moves we are taught to use.
Well right off the top of my head, since she is handcuffed and he appears to have contact with her, he could have grabbed her handcuffed wrists and forced her arms up behind her back thereby forcing her upper body down. Hell I can think of plenty of ways a man could detain a handcuffed woman with very little physical harm. My big problem with this is that she was handcuffed. How much threat can a woman be with her hands cuffed behind her back?
Man you guys need to get out once in awhile and check out some the new age women. Your still living in the dream world that’s states girls are made of sugar and spice and everything nice. This picture doesn’t show a stun move to the temple. It does show the cop’s hand on the back of her head about to put her to the ground, IMO You got to remember there was 30000 people there that night about to riot, the cops didn’t have time to lay out blankets so the women in the crowd had a nice place to sit down. If you were in Edmonton during the playoffs, you knew what the rules were on White and yes stepping off the sidewalk was one of them that would get you arrested.
RUEZ @ Sat Nov 11, 2006 11:10 am
Alta_redneck Alta_redneck:
Man you guys need to get out once in awhile and check out some the new age women. Your still living in the dream world that’s states girls are made of sugar and spice and everything nice. This picture doesn’t show a stun move to the temple. It does show the cop’s hand on the back of her head about to put her to the ground,
Actually it's been established that he hit her, there's no disputing that. It's about how much force he used.
fatbasturd,
i know in my original reply i stated the officer used a closed hand punch, and that wat a typo on my half, however the situation in ottawa was blown way out of porportion, but i do agree the officer was punished accordingly, but that was ottawa, this is edmonton, and the officer was working in a riotous situation, which stipulates extreme measures to protect the surrounding property and protection of persons in the area weather it be civilian or police lives. if the Crown attorneys office can find no wrong doing then lets all let it slide, the crowns office is a non-bias group and would have no problem letting a cop hang out to dry if it meant their photo in the paper or a large pay increase.. !!!!!! the woman had it coming and she needs to deal with it..!!!! the law is fair but if you wanna run a muck in a downtown city core then you have another thing coming. after all witness statements and her story do not match so who you going to believe the 50 ppol telling the same story or 1 lady that was intoxicated telling her version.
Did he use excessive force? Yes however walk a mile in their shoes and you will see how hard it is to deal with an unruly female. I once saw two policemen respond to a domestic dispute, and when they tried to arrest the husband for battery the wife went ape shit and attacked both cops she was an out of control savage. She ended up breaking both doors to my apartment building and she some serious damage to both cops' faces and by the time they subdued her and had her in the cop car she kicked out the windows. All the while decrying her never ending love for the man who just beat the shit out of her. Not once did they strike her, I'd off beat her into a coma with the stick. Deal with this day in and day out one day you will snap. Place the officer on probation and give her not one red cent. Let her pay the cost of dragging a suit through the courts chances are she'll drop it in a couple of months.
How some people can be so quick to trust the Liberal Party of Canada on one hand yet have no faith in both the Edmonton Police Service and the Calgary Crown Prosecutors Office at the same time is beyond me.
This whole thing overshadows the humanitarian awards given to these EPS officers for putting the lives of other ahead of their own.
Lifesaving Honorary Testimonial - Cst. Jonathan Lecerf
Gold Medal for general service to humanity and lifesaving organizations - S/Sgt. Adrian Marr
Lifesaving Bronze Medal - Cst. Rodney Wadden
3 Cheers Boys!
BTW, the woman is so upset that she will not be financially compensated she has moved away from Edmonton out of "disgust".
So what exactly is it that the 50% of people here believe he is guilty of that the Crown Prosecutor failed to consider?
Out of fairness here is the Crown Prosecutors report:
-------------------------------------------------------------------------------------
Chief Crown prosecutor explains opinion in Whyte Avenue incident
Edmonton...The Calgary Crown Prosecutors’ Office is recommending that the Edmonton Police Service (EPS) not lay charges against a police constable for his actions in an incident on Whyte Avenue after an Edmonton Oilers playoff game this past summer. There had been allegations of assault in relation to the incident.
The recommendation followed a thorough and detailed review of the file by the Crown Prosecutors’ Office in Calgary that determined there was no reasonable likelihood of conviction if the case went to trial. The following is a statement from Calgary Chief Crown Prosecutor Gordon Wong on the recommendation.
“Crown prosecutors are often asked to provide a recommendation as to whether criminal charges are warranted based on the evidence available. We take this responsibility seriously and recognize the increased public interest when allegations of criminal conduct are made against police officers.
In order to recommend charges, we must be satisfied that there is a reasonable likelihood of conviction in proceeding with a prosecution. This test is applied to all cases, regardless of who the potential accused may be.
The process we follow is also the same in all cases. Before an opinion is released, it must be reviewed by an Assistant Chief Crown Prosecutor and myself. In this case, knowing the increased public scrutiny this decision would attract, I took the extra step of selecting several senior Crown prosecutors within my office to review the opinion to see if there was anything missed in our initial analysis of the evidence.
The Crown prosecutors in my office who reviewed this file were unanimous in their opinion that there was no reasonable likelihood of conviction and that we therefore would not recommend charges.
We reviewed numerous statements from witnesses who saw the complainant with the police officer prior to and during what was depicted in newspaper photographs. This included police witnesses from a number of different police agencies and a number of independent civilian witnesses.
In assessing any potential prosecution, we are required to consider what evidence a criminal court would most likely accept at trial. In our opinion, the evidence available would most likely lead to the following conclusions:
· The police were dealing with a verbally abusive and actively resisting individual who had been arrested for causing a disturbance and being intoxicated in a public place.
· This active resistance continued to the point where a second police officer had come to assist the arresting officer.
· As they proceeded to the detention area, the complainant tried to elude the police and move toward the crowd that was only a few feet away. In attempting to regain control, the EPS officer was met with what he perceived to be an angry and defiant individual. The EPS officer believed there was a possibility of an assault.
-more-
· There was also a concern the complainant would break away from the EPS officer and escape into the crowd. Had the complainant escaped into the large crowd present that night the police would have been obligated to pursue her.
· The resulting risk of danger and the possibility that this could spark a riot meant that the police had to establish control over the complainant. The EPS officer used force to regain control of the situation, at which point a local newspaper photographer began taking pictures.
· The photographs show the officer administering a police technique known as a head stun and takedown of the complainant. Officers receive training in this technique as a method of subduing someone who is actively resisting police.
The Criminal Code states that police officers are entitled to use force in execution of their duties, depending on the circumstances.
Therefore, in determining whether the use of force by the police officer was excessive, we need to know what happened that led to the use of force, not just what happened in the seconds during which the force was used.
The photographs taken by a local newspaper photographer were reviewed in the course of arriving at this recommendation. However, they capture only seconds of what took place.
The photographs do not tell the entire story and certainly offer no information on what events led up to the use of force by the police officer.
We know that the complainant was handcuffed at the time of the use of force. However, handcuffed people are not necessarily harmless.
We considered all of this in light of the volatile situation that existed on Whyte Avenue that night. Crowds had rioted there on previous occasions with significant damage being done to the area. Bonfires had been lit by an unruly crowd. The unique dynamics of that evening cannot be ignored.
During a criminal trial, it would be the Crown’s responsibility to prove beyond a reasonable doubt that the force used by the EPS officer was excessive, given the circumstances. We do not believe we can meet this burden of proof and accordingly there is no reasonable likelihood of conviction.
We must have a reasonable likelihood of conviction before we recommend or proceed with a prosecution. Demanding that evidence meet this stringent criteria helps prevent innocent people from being charged and convicted for crimes they did not commit.”
The real story here is that upon her arrest the officer going through her purse discovered she was a card Liberal and slapped her for her stupidity.
RUEZ RUEZ:
stratos stratos:
I'm curious just how would you suggest that he "get her under control"? For the sake of this discussion, between you and me, we will assume she was doing something while handcuffed that she did need to be further controled. I dont know beyond the artical just all that occured. I'm more curious how you would have him get her under control while not commiting some sort of "assult".
Side note from the pic it looks like he is attempting a bracial stun move. not sure on the spelling. I'm a former corrections officer and thats one of the moves we are taught to use.
Well right off the top of my head, since she is handcuffed and he appears to have contact with her, he could have grabbed her handcuffed wrists and forced her arms up behind her back thereby forcing her upper body down. Hell I can think of plenty of ways a man could detain a handcuffed woman with very little physical harm. My big problem with this is that she was handcuffed.
How much threat can a woman be with her hands cuffed behind her back?
Apparently, you've never had a drunk, angry woman knee you in the balls. Ask any cop what it's like dealing with an actively resisting woman and they'll likely tell you they've been: spat on, slapped, punched, or kicked at one time or another.
BooM_bOOm BooM_bOOm:
Touchy Touchy case here.. !!!! i work for law enforcement and well in this case there is never enough info given in the newspaper article, yes it looks horrible a male police officer closed handed striking a female in the head while restraind. SOUNDS BAD.. SOUNDS REALLY BAD.. However what was the woman doing?? the photo was from the waist up did the suspect attempt to kick the officer? did she spit at the officer? if she did spit at the officer dose she have any infectious dideases he may need to worry about? did she try to flee the scene? any of these would be logical reasons for the officer to "SUBDUE" the lady, i was not there so i can't say good cop or bad cop. but lets remember that even police get stressed out too and have off days they are not superheroes and i would challenge any one here to work as a cop for a day. but thats besides the point. i am standing not in the right or the Wrong side of this story just because i dont think all the facts are present.
well if you wear a badge then..yes..you were there,you are totally responsible for what every cop does..recall your basic training..now they say the photo's dont show the whole story..not buying..journalists do have a strong sense of social justice and responsibility and its clearly in their interests to get the complete story and not select and chose what they want to make newsworthy..it does seem most self-serving that whats not caught on film is the only viable reason as to why the cop behaved the way he did is based solely on his questionable word.."he was concerned that she was going to commit an assault"..most amusing..thats actually funny..this is only a 20yr old woman who's a little inebriated and handcuffed..imagine if this was a 6'5 hells angel?
recall the rodney king incident..the cops contentions were that "they felt king was still a threat" as he laid on the ground helpless while very well-armed cops surrounded him..the prosecution and defense skillfully selected a jury of police groupies to ensure the original aquital of the lapd cops involved
$1:
[marq=right][code]
themasta themasta:
If you're not doing anything wrong and are polite, the cops don't hassle you. Obviously this bitch was doing something she shouldn't have, serves her right.
spoken like a true "cop groupie",assault is a criminal offense which in this case escalates to aggravated assault since this resulted in 3 broken teeth,several lacerations as well as a concussion and if only cops are entitled to commit assault then for all practical purposes we live in a police state,if you think kissing their asses will reward you with anything..think again..saying something as assinine as "serves her right" prompts me to think you'd be perfectly cool with it if he actually pulled out his gun and put a bullet in her head
2Cdo @ Tue Nov 21, 2006 3:51 pm
icekarma2752 icekarma2752:
themasta themasta:
If you're not doing anything wrong and are polite, the cops don't hassle you. Obviously this bitch was doing something she shouldn't have, serves her right.
spoken like a true "cop groupie",assault is a criminal offense which in this case escalates to aggravated assault since this resulted in 3 broken teeth,several lacerations as well as a concussion and if only cops are entitled to commit assault then for all practical purposes we live in a police state,if you think kissing their asses will reward you with anything..think again..saying something as assinine as "serves her right" prompts me to think you'd be perfectly cool with it if he actually pulled out his gun and put a bullet in her head
Good leap of logic!
$1:
journalists do have a strong sense of social justice and responsibility and its clearly in their interests to get the complete story and not select and chose what they want to make newsworthy

This nearly killed me! You must be a "Journalist groupie" because most "journalists" I've met ALWAYS pick and choose how much of a story to print in order to get the end state that THEY want.
By the way, I think it was the right decision!
2Cdo 2Cdo:
icekarma2752 icekarma2752:
themasta themasta:
If you're not doing anything wrong and are polite, the cops don't hassle you. Obviously this bitch was doing something she shouldn't have, serves her right.
spoken like a true "cop groupie",assault is a criminal offense which in this case escalates to aggravated assault since this resulted in 3 broken teeth,several lacerations as well as a concussion and if only cops are entitled to commit assault then for all practical purposes we live in a police state,if you think kissing their asses will reward you with anything..think again..saying something as assinine as "serves her right" prompts me to think you'd be perfectly cool with it if he actually pulled out his gun and put a bullet in her head
Good leap of logic!
$1:
journalists do have a strong sense of social justice and responsibility and its clearly in their interests to get the complete story and not select and chose what they want to make newsworthy

This nearly killed me! You must be a "Journalist groupie" because most "journalists" I've met ALWAYS pick and choose how much of a story to print in order to get the end state that THEY want.
By the way, I think it was the right decision!

journalists you met in person?? where was this? at the "world wide white pride"
convention?so you expect me to believe that all journalists are anti-police?just to put you in touch with the real world if a father even slaps..not punch his son in the head that nets him an assault charge..what we're talking about here is a 20yr woman(and not a bitch as you put it) who gets thrown to the pavement facefirst,so for whatever reason you dont like her..so what? as it would seem in your perfect little world those who dont conform to your "impeccable" morals are fair game to be assaulted?you realistically expect people who are being what they percieved to be falsely arrested to be polite?
BooM_bOOm BooM_bOOm:
And here i though everyone was whining about this poor lady!!!!! hahahaha.. i think she should drop the suit as she will be made a laughiung stock of!!!! ahhhhhh crap now shes gonna come after me with slander and try to sue for 6 million..
well heres the problem with her suit...shes lost the image as a decent respectable citizen sticking up for her rights and demanding fair compensation and now will be percieved as someone just out for a scam,even if we lived in the usa where high punitive damages are routinely awarded even 6 million dollars wouldnt make it there.if youre reading this kristin you might want to get some 2nd opinions from other lawyers because i dont think your current lawyer is giving you accurate advice,heres what(in my opinion) youre entitled to:dental work=3000-5000$,pain and suffering including a head injury which should always be taken very seriously as well as residual damage=100,000$ and perhaps 50,000$ at the max for emotional duress..but keep in mind i'm not a lawyer but even i know that canadian law suits awards are mostly concerned with finiacial compensation,pain and suffering and lost wages,indignation and revenge dont even enter the equation in canadian courts, so to make a long story short suing for the unrealistic amount of 6 million dollars has in all likelihood caused you damage
Scrappy Scrappy:
Did he use excessive force? Yes however walk a mile in their shoes and you will see how hard it is to deal with an unruly female. I once saw two policemen respond to a domestic dispute, and when they tried to arrest the husband for battery the wife went ape shit and attacked both cops she was an out of control savage. She ended up breaking both doors to my apartment building and she some serious damage to both cops' faces and by the time they subdued her and had her in the cop car she kicked out the windows. All the while decrying her never ending love for the man who just beat the shit out of her. Not once did they strike her, I'd off beat her into a coma with the stick. Deal with this day in and day out one day you will snap. Place the officer on probation and give her not one red cent. Let her pay the cost of dragging a suit through the courts chances are she'll drop it in a couple of months.
i totally agree with you on that score...but this was a handcuffed woman who was in no position to be of any threat,we have this real piece of work in this forum who believes "the bitch got what she deserves"..this was not an anti-govt rally or anything like that even though severe property damage was done and more to be anticipated..kristin wilson was just an exuberate sports fan in the wrong place at the wrong time..its not like she was karla homolka, now in the case you just stated..its most regrettable that those police got assaulted when they were only trying to help her..but given the responsibility enthrusted upon police their training dictates them not to take out these frustrations on the next female troublemaker they encounter,the part i find so hard to deal with is everytime we see irrefutable proof of police committing outright brutality(the rodney king and now the kristen wilson incident) where everything thats NOT covered by photographs is now in the domain of the most questionable and self-serving word of the police.please keep in mind the defense of the lapd was that they felt king was still a threat..even though he laid on the ground surrounded by 15 standing well armed cops,however the prosecution and the defense skillfully selected a jury of "police groupies" to ensure an acquital,but just to show you i'm not "anti-police" a few weeks ago this rcmp officer from northern sask was sentenced to 3yrs in prison for sexual assault.i thought this was most bogus since this woman and the officer had consential sex previously..and its not like it was violent intercourse..all it was was his ejaculating over her breasts,at worst he shouldve lost his job over professional misconduct and even i'm not all that cool with that...but 3yrs in prison for an officer who had an unblemished record as well as a citation for saving a life..i dont think so,but yes const shane connor should lose his job over this.hes simply not fit for police duty
2Cdo @ Wed Nov 22, 2006 11:36 am
icekarma2752 icekarma2752:
journalists you met in person?? where was this? at the "world wide white pride"
convention?
Yes it must have been at the "world wide white pride" convention.

$1:
so you expect me to believe that all journalists are anti-police?
Actually I said they bring a bias, I didn't indicate which way it went. Start paying attention to details.
$1:
just to put you in touch with the real world if a father even slaps..not punch his son in the head that nets him an assault charge..
Wow, thanks for the info, who knew.
$1:
what we're talking about here is a 20yr woman(and not a bitch as you put it) who gets thrown to the pavement facefirst,so for whatever reason you dont like her
Please point out exactly where in my post I called her a bitch or said I didn't like her!

I reiterate, start paying attention to details.
$1:
as it would seem in your perfect little world those who dont conform to your "impeccable" morals are fair game to be assaulted?you realistically expect people who are being what they percieved to be falsely arrested to be polite?
I only wish my world was perfect, but back to your senseless drivel. As others have pointed out, and you either ignored or failed to understand, her story didn't jive with the SOBER witnesses. Also, as others have pointed out, everyone who was partying along Whyte Ave knew the rules. Don't leave the sidewalk or face being arrested, she left the sidewalk (for whatever reason) and was thus arrested where she then decided to resist and was subdued, end of story.
Sorry buddy, but if you are going attempting to point out somebodies faults the least you can do is attribute the correct statements to the correct person, otherwise you end up looking like an ass!

too late for you in this thread but advice you might wish to use in later threads.