No charges to be laid in case of excessive force
bootlegga @ Thu Nov 02, 2006 11:38 am
$1:
No charges
Woman at centre of case not surprised by decision not to charge constable
Mike Sadava, Edmonton Journal
EDMONTON - The police officer who was photographed striking a handcuffed woman during Stanley Cup celebrations on Whyte Avenue last spring should not be charged, says the Crown prosecutor'soffice.
The officer was depicted in a series of photos published in the Journal striking 20-year-old Kristin Wilson with an open-handed blow to the temple, called a head stun, then pushing her to the ground on her face.
An internal investigation of the incident by the Edmonton Police Service was referred to the Crown prosecutor's office in Calgary. On Wednesday, 41/2 months after the incident, the Crown released its recommendation not to charge the officer under the Criminal Code.
The final decision on criminal charges rests with police Chief Michael Boyd, who will review the evidence as quickly as possible, said Staff Sgt. Greg Alcorn, manager of corporate communications for city police. Internal disciplinary proceedings could also be initiated.
Wilson said she didn't expect the officer to be charged.
"I thought he wouldn't be charged because the cops are going to protect each other and they have so much authority and pull over just us citizens," she said from her home in Vernon, B.C.
"They think they're tough ... , and we're nothing."
Chief Calgary Crown prosecutor Gordon Wong said a review of the case determined there was not a reasonable likelihood of a conviction that the use of force was excessive.
Wilson claims she suffered a concussion, soft-tissue injuries, broken teeth and other injuries during that incident.
Wong said the amount of force used by the officer was justified under the conditions, which he described as a volatile situation given the crowds and the vandalism that had occurred after previous games. Wong said there was much more to the incident than what appeared in the newspaper photos.
"You talk about the photograph and I think people have to understand that the photographs do not tell the entire story of that night," Wong said. "They only give us a few split seconds of what occurred between the police officer and the lady, and they certainly don't tell us what led up to the police officer making the decision he had to use that amount of force."
Wilson had broken away from police and there was a feeling that she was about to commit an assault or run into the crowd, which could have led to a riot, Wong said.
"The officer in question tried to remain in control of the lady by grabbing on to her arm, and as she swung he was met with a very angry, very defiant person."
Wilson laughed when told of the suggestion she was trying to flee.
"Like I was going to start all that ... when I was wearing stilettos, and I was handcuffed," she said.
Wilson's story differs from the Crown's conclusions, though Wong said her statement was given equal weight with other witnesses.
She said she was arrested when she stepped off the curb to ask police where she could pick up a friend who was one of 394 people arrested that night. When she later asked another officer where her friend could be picked up in the morning, she was told "just get on the ... bus." She said she swore back at the officer and that was when she was struck.
Wong said she was being arrested for causing a disturbance and being intoxicated in a public place, but charges were never laid.
The fact that Wilson was arrested and not charged was not unusual, Alcorn said. Only six of the 394 people arrested were actually charged.
That night, police arrested people for summary offences, getting them out of the Whyte Avenue area, then "discontinuing the arrest," which means letting them go without charges, Alcorn said. Laying hundreds of charges for minor offences would have clogged up the court system, though police did lay charges on more serious offences such as assault and mischief.
The lawyer representing Wilson in her civil case against police said she was astounded by the recommendation. "The pictures speak for themselves," Laurie Wood said. "What's going on here is a stretch to avoid charging police officers."
She said it smacks of a police state when citizens are expected to line up and stay quiet when they are being detained without knowing why.
"My concern is that we are sending a message to our police department that if someone, verbally, without being aggressive, is being impolite, then police have an open ticket to get violent with that individual," Wood said.
Steve Penney, a law professor at the University of Alberta, said it is "excessively difficult" to get convictions against police officers because judges and juries appreciate the difficulties they face on the street. He pointed out that the California police officers caught on video beating Rodney King in 1992 were originally acquitted.
Not getting this case before the courts won't help the reputation of police in the community, especially among those who already harbour some mistrust of police, he said.
But other ways of dealing with this case, including the lawsuit filed by Wilson and possible internal discipline procedures against the officer, don't require as strict a burden of proof.
Wong said the Crown needed the 41/2 months for police to complete their investigation, gather new evidence and to review the evidence. They had six months to make a recommendation.
"There is nothing in this file that would suggest the police missed anything," he said. "There was no one witness who saw the entire sequence of events from when the police officer first arrested her until what was shown in the photograph."
On Friday, Wilson filed a $6-million statement of claim naming Const. Shane Connor, police chief Boyd and the City of Edmonton.
OTHER RECENT CHARGES AGAINST EPS OFFICERS
- Complaints against two Edmonton police officers accused of harassing a pair of homeless men remain at the Law Enforcement Review Board level. Constables Grant Jongejan and Rick Abbott have denied beating a 38-year-old street person downtown in 2000. The two-person review board panel has not released a decision in the case.
- Const. Thinh Huynh fired his Taser at a handcuffed female passenger who spit in another officer's face following a high-speed chase. Huynh was criminally charged with assault with a weapon, but was acquitted at trial.
- In 2002, Const. Michael Wasylyshen fired a Taser at a drunken 17-year-old sitting in a parked car. Randy Fryingpan was later charged with breaching bail conditions by drinking, but a judge ruled the Taser use was unnecessary and stayed the charge against the teen. Wasylyshen was not charged and the police force exonerated him.
- A judge convicted Const. Vince Pillay of common assault after the officer hit an abusive man who called him a "pussy" in 2003. Pillay later pleaded guilty to an internal charge of discreditable conduct and had to forfeit 40 hours of accumulated overtime. In February 2004, a judge acquitted Pillay of assault, ruling that he was protecting himself when he repeatedly hit a drunken prisoner in a West Edmonton Mall holding cell.
- Det. Gerry Vercammen faced a 21/2 week jury trial earlier this year after he fired four shots at a man who pepper-sprayed him and fellow officers during a search in March 2004. The jury acquitted him on one charge of carelessly using a firearm and one of pointing a firearm.
- In March 2005, Const. Elvin Toy was suspended with pay while complaints of assault, discreditable conduct and deceit against him were investigated. A year later, Chief Mike Boyd and Calgary Crown prosecutors decided no criminal charges would be laid against Toy and he was back in uniform this spring. He and Const. Shane Faulkner are now at the centre of an ongoing internal investigation on separate issues.
- No charges have been laid against officers in connection to the fatal shooting of Darren James Cardinal on June 30. Cardinal shot and seriously wounded Const. Dan Furman. The homicide file remains under Crown review.
Woman at centre of case not surprised by decision not to charge constable
Mike Sadava, Edmonton Journal
EDMONTON - The police officer who was photographed striking a handcuffed woman during Stanley Cup celebrations on Whyte Avenue last spring should not be charged, says the Crown prosecutor'soffice.
The officer was depicted in a series of photos published in the Journal striking 20-year-old Kristin Wilson with an open-handed blow to the temple, called a head stun, then pushing her to the ground on her face.
An internal investigation of the incident by the Edmonton Police Service was referred to the Crown prosecutor's office in Calgary. On Wednesday, 41/2 months after the incident, the Crown released its recommendation not to charge the officer under the Criminal Code.
The final decision on criminal charges rests with police Chief Michael Boyd, who will review the evidence as quickly as possible, said Staff Sgt. Greg Alcorn, manager of corporate communications for city police. Internal disciplinary proceedings could also be initiated.
Wilson said she didn't expect the officer to be charged.
"I thought he wouldn't be charged because the cops are going to protect each other and they have so much authority and pull over just us citizens," she said from her home in Vernon, B.C.
"They think they're tough ... , and we're nothing."
Chief Calgary Crown prosecutor Gordon Wong said a review of the case determined there was not a reasonable likelihood of a conviction that the use of force was excessive.
Wilson claims she suffered a concussion, soft-tissue injuries, broken teeth and other injuries during that incident.
Wong said the amount of force used by the officer was justified under the conditions, which he described as a volatile situation given the crowds and the vandalism that had occurred after previous games. Wong said there was much more to the incident than what appeared in the newspaper photos.
"You talk about the photograph and I think people have to understand that the photographs do not tell the entire story of that night," Wong said. "They only give us a few split seconds of what occurred between the police officer and the lady, and they certainly don't tell us what led up to the police officer making the decision he had to use that amount of force."
Wilson had broken away from police and there was a feeling that she was about to commit an assault or run into the crowd, which could have led to a riot, Wong said.
"The officer in question tried to remain in control of the lady by grabbing on to her arm, and as she swung he was met with a very angry, very defiant person."
Wilson laughed when told of the suggestion she was trying to flee.
"Like I was going to start all that ... when I was wearing stilettos, and I was handcuffed," she said.
Wilson's story differs from the Crown's conclusions, though Wong said her statement was given equal weight with other witnesses.
She said she was arrested when she stepped off the curb to ask police where she could pick up a friend who was one of 394 people arrested that night. When she later asked another officer where her friend could be picked up in the morning, she was told "just get on the ... bus." She said she swore back at the officer and that was when she was struck.
Wong said she was being arrested for causing a disturbance and being intoxicated in a public place, but charges were never laid.
The fact that Wilson was arrested and not charged was not unusual, Alcorn said. Only six of the 394 people arrested were actually charged.
That night, police arrested people for summary offences, getting them out of the Whyte Avenue area, then "discontinuing the arrest," which means letting them go without charges, Alcorn said. Laying hundreds of charges for minor offences would have clogged up the court system, though police did lay charges on more serious offences such as assault and mischief.
The lawyer representing Wilson in her civil case against police said she was astounded by the recommendation. "The pictures speak for themselves," Laurie Wood said. "What's going on here is a stretch to avoid charging police officers."
She said it smacks of a police state when citizens are expected to line up and stay quiet when they are being detained without knowing why.
"My concern is that we are sending a message to our police department that if someone, verbally, without being aggressive, is being impolite, then police have an open ticket to get violent with that individual," Wood said.
Steve Penney, a law professor at the University of Alberta, said it is "excessively difficult" to get convictions against police officers because judges and juries appreciate the difficulties they face on the street. He pointed out that the California police officers caught on video beating Rodney King in 1992 were originally acquitted.
Not getting this case before the courts won't help the reputation of police in the community, especially among those who already harbour some mistrust of police, he said.
But other ways of dealing with this case, including the lawsuit filed by Wilson and possible internal discipline procedures against the officer, don't require as strict a burden of proof.
Wong said the Crown needed the 41/2 months for police to complete their investigation, gather new evidence and to review the evidence. They had six months to make a recommendation.
"There is nothing in this file that would suggest the police missed anything," he said. "There was no one witness who saw the entire sequence of events from when the police officer first arrested her until what was shown in the photograph."
On Friday, Wilson filed a $6-million statement of claim naming Const. Shane Connor, police chief Boyd and the City of Edmonton.
OTHER RECENT CHARGES AGAINST EPS OFFICERS
- Complaints against two Edmonton police officers accused of harassing a pair of homeless men remain at the Law Enforcement Review Board level. Constables Grant Jongejan and Rick Abbott have denied beating a 38-year-old street person downtown in 2000. The two-person review board panel has not released a decision in the case.
- Const. Thinh Huynh fired his Taser at a handcuffed female passenger who spit in another officer's face following a high-speed chase. Huynh was criminally charged with assault with a weapon, but was acquitted at trial.
- In 2002, Const. Michael Wasylyshen fired a Taser at a drunken 17-year-old sitting in a parked car. Randy Fryingpan was later charged with breaching bail conditions by drinking, but a judge ruled the Taser use was unnecessary and stayed the charge against the teen. Wasylyshen was not charged and the police force exonerated him.
- A judge convicted Const. Vince Pillay of common assault after the officer hit an abusive man who called him a "pussy" in 2003. Pillay later pleaded guilty to an internal charge of discreditable conduct and had to forfeit 40 hours of accumulated overtime. In February 2004, a judge acquitted Pillay of assault, ruling that he was protecting himself when he repeatedly hit a drunken prisoner in a West Edmonton Mall holding cell.
- Det. Gerry Vercammen faced a 21/2 week jury trial earlier this year after he fired four shots at a man who pepper-sprayed him and fellow officers during a search in March 2004. The jury acquitted him on one charge of carelessly using a firearm and one of pointing a firearm.
- In March 2005, Const. Elvin Toy was suspended with pay while complaints of assault, discreditable conduct and deceit against him were investigated. A year later, Chief Mike Boyd and Calgary Crown prosecutors decided no criminal charges would be laid against Toy and he was back in uniform this spring. He and Const. Shane Faulkner are now at the centre of an ongoing internal investigation on separate issues.
- No charges have been laid against officers in connection to the fatal shooting of Darren James Cardinal on June 30. Cardinal shot and seriously wounded Const. Dan Furman. The homicide file remains under Crown review.
http://www.canada.com/edmontonjournal/n ... bbe128&k=0
Bloody typical...it's because of things like this that people are losing their respect for the EPS.
RUEZ @ Thu Nov 02, 2006 3:54 pm
I can't imagine any reason to punch a woman in the head who has her hands handcuffed. I do believe she has filed a civil suit though, hopefully this won't be the only way we get justice in this country.
stratos @ Thu Nov 02, 2006 4:26 pm
There are many reasons to give a stunning blow to a person in handcuffs. If she can be shown to have been resisting or attempting to escape then yes there is valid reason for the blow.
RUEZ @ Thu Nov 02, 2006 4:33 pm
stratos stratos:
There are many reasons to give a stunning blow to a person in handcuffs. If she can be shown to have been resisting or attempting to escape then yes there is valid reason for the blow.
I'm not buying that one bit, it seems to me if she was trying to escape this man could have gotten her under control without assaulting her. Woman demands $6M in compensation
Tricks @ Thu Nov 02, 2006 4:43 pm
SIX MILLION!?!?!
BooM_bOOm @ Sat Nov 11, 2006 12:05 am
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.
themasta @ Sat Nov 11, 2006 12:09 am
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.
BooM_bOOm @ Sat Nov 11, 2006 12:13 am
[quote="bootlegga"][quote][size=18][b]No charges[/b][/size]
Chief Calgary Crown prosecutor Gordon Wong said a review of the case determined there was not a reasonable likelihood of a conviction that the use of force was excessive.
Wilson claims she suffered a concussion, soft-tissue injuries, broken teeth and other injuries during that incident.
Wong said the amount of force used by the officer was justified under the conditions, which he described as a volatile situation given the crowds and the vandalism that had occurred after previous games. Wong said there was much more to the incident than what appeared in the newspaper photos.
"You talk about the photograph and I think people have to understand that the photographs do not tell the entire story of that night," Wong said. "They only give us a few split seconds of what occurred between the police officer and the lady, and they certainly don't tell us what led up to the police officer making the decision he had to use that amount of force."
Wilson had broken away from police and there was a feeling that she was about to commit an assault or run into the crowd, which could have led to a riot, Wong said.
"The officer in question tried to remain in control of the lady by grabbing on to her arm, and as she swung he was met with a very angry, very defiant person."
Wilson laughed when told of the suggestion she was trying to flee.
"Like I was going to start all that ... when I was wearing stilettos, and I was handcuffed," she said.
Wilson's story differs from the Crown's conclusions, though Wong said her statement was given equal weight with other witnesses.
She said she was arrested when she stepped off the curb to ask police where she could pick up a friend who was one of 394 people arrested that night. When she later asked another officer where her friend could be picked up in the morning, she was told "just get on the ... bus." She said she swore back at the officer and that was when she was struck.
Wong said she was being arrested for causing a disturbance and being intoxicated in a public place, but charges were never laid.
[/quote]
As my previous Post stated........ a picture while it may be worth a thousand words, can tell 2 storys and 1 is wrong.. as this one is!!! i feel the cop is justified and in the right on this case!!!
RUEZ @ Sat Nov 11, 2006 12:32 am
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.
What exactly makes her a bitch? Maybe she's a slut too? After all she's out after dark right? No veil. Tsk Tsk.
BooM_bOOm @ Sat Nov 11, 2006 12:36 am
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..
stratos @ Sat Nov 11, 2006 8:45 am
RUEZ RUEZ:
stratos stratos:
There are many reasons to give a stunning blow to a person in handcuffs. If she can be shown to have been resisting or attempting to escape then yes there is valid reason for the blow.
I'm not buying that one bit, it seems to me if she was trying to escape this man could have gotten her under control without assaulting her. Woman demands $6M in compensationI'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.
Firecat @ Sat Nov 11, 2006 9:00 am
I think the $6 Million figure is intended to convey a point to a police service that is giving people the impression of police enamoured of their power a bit too much. We recently went through the same thing in Ottawa where our "service" deals with the seemingly weekly exposure of some police misconduct by assuring themselves and anyone who will listen that there is no erosion of public respect.
fatbasturd @ Sat Nov 11, 2006 9:11 am
RUEZ RUEZ:
I can't imagine any reason to punch a woman in the head who has her hands handcuffed. I do believe she has filed a civil suit though, hopefully this won't be the only way we get justice in this country.
agreed it's a disgrace...
Newfy @ Sat Nov 11, 2006 10:10 am
fatbasturd fatbasturd:
RUEZ RUEZ:
I can't imagine any reason to punch a woman in the head who has her hands handcuffed. I do believe she has filed a civil suit though, hopefully this won't be the only way we get justice in this country.
agreed it's a disgrace...It's not my place to say whether he was right or wrong but it did say in the article that it was an open hand hit and not a closed fist punch.
RUEZ @ Sat Nov 11, 2006 11:01 am
Newfy Newfy:
fatbasturd fatbasturd:
RUEZ RUEZ:
I can't imagine any reason to punch a woman in the head who has her hands handcuffed. I do believe she has filed a civil suit though, hopefully this won't be the only way we get justice in this country.
agreed it's a disgrace...It's not my place to say whether he was right or wrong but it did say in the article that it was an open hand hit and not a closed fist punch.