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Alberta

Investigation concludes suspect convinced girlfriend to lie to police

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17 minute read

Alberta Serious Incident Response Team ASIRT

News Release from ASIRT (Alberta Serious Incident Response Team)

Investigation concluded into use of force during EPS arrest

On Aug. 1, 2018, pursuant to Section 46.1 of the Police Act, the Director of Law Enforcement (DLE) assigned ASIRT to investigate the circumstances surrounding a vehicle pursuit and subsequent arrest of a 31-year-old man. The man had been arrested by members of the Edmonton Police Service (EPS) on July 30 following a brief vehicle pursuit which had resulted in serious injury to an uninvolved pedestrian, and was terminated by intentional contact made by two EPS vehicles.

As is required by the Police Act, these events were reported to the DLE and, based on the information that was known at the time, EPS was directed to maintain conduct of the investigation. Several days later, while being interviewed in relation to that investigation, the man alleged that he had been assaulted during the course of his arrest and had sustained several injuries. This additional information was again reported to the DLE, and ASIRT was directed to assume conduct of the investigation into both the pursuit and any force used during the subsequent arrest of the affected person.

On July 30, 2018, at approximately 12:30 a.m., EPS members operating a marked police vehicle conducted a database check on a red Buick Rendezvous SUV, which revealed the vehicle’s licence plate had been reported stolen. Members followed the vehicle without activating their emergency equipment until the SUV stopped and the driver, later identified as the 31-year-old man, exited. Police then activated their vehicle’s emergency equipment, but the man re-entered the SUV and drove away at a high rate of speed.

Police followed the SUV with emergency equipment activated, and observed the SUV run a red light at 101 Street and 107 Avenue. At this point, several other EPS vehicles had entered the area and additional members were able to observe the SUV. During its flight from police, the vehicle mounted the sidewalk at 102 Street and struck a female pedestrian and a light post. Officers who observed the collision formed the opinion that the collision with the pedestrian was deliberate. Overt action had been required to mount the sidewalk and strike the pedestrian, who was standing in a well-lit area. As well, the man’s vehicle had had an unobstructed path forward with no observable reason or cause to leave the roadway and mount the sidewalk.

After striking the pedestrian and the pole, the SUV continued east on 107 Avenue, with police continuing pursuit. A second EPS vehicle remained at the scene of the collision to render aid to the female pedestrian, who had sustained numerous serious injuries. Having witnessed what appeared to be the deliberate use of the SUV to strike a pedestrian, the driver of the lead EPS vehicle indicated that he believed it was necessary to attempt to end the criminal flight using deliberate vehicle contact. He deliberately struck the rear driver’s side of the SUV, but this tactic failed to stop the vehicle. A marked police van subsequently made deliberate contact with the SUV, this time striking it head-on, and brought the SUV to a halt. The man exited the driver’s seat of the SUV and fled on foot southbound on 103 Street.

Three police officers pursued the man on foot. During this pursuit, the lead officer deployed his conducted energy weapon (CEW), which was successful in bringing the man to the ground. The officer verbally commanded the man to roll onto his stomach, as he had turned onto his back. The man was initially compliant, but resisted when officers attempted to handcuff him. The officer reactivated the CEW, and the man was handcuffed while the CEW was still activated.

Once in custody, the man was observed to be sweating profusely, making spastic movements and acting in a manner that indicated to the arresting officers that he was under the influence of methamphetamine. Accordingly, after searching him, EMS transported the man to hospital.

Medical records obtained during the course of the ASIRT investigation confirmed that at the time of his examination at hospital, the man had a two-centimetre laceration to his forehead which was not actively bleeding, two abrasions on his shoulder area and mild swelling of the front of his head. A CT scan revealed the presence of an age-indeterminate nasal fracture, meaning that doctors were unable to determine whether the nasal fracture had occurred during this event or earlier. Medical staff determined that the man was fit for incarceration, and released him from hospital that same day.

As previously indicated, shortly after he was incarcerated, EPS interviewed the man in the course of their investigation. During that interview, the man described his arrest, discussed his injuries, and asked the interviewer about the condition of the woman he had hit during the incident. Once ASIRT assumed conduct of the investigation, the man was interviewed again – this time by an ASIRT investigator. The man described his flight from police and the collision with the pedestrian but stated that a police vehicle had struck him before the collision with the pedestrian. He also stated that he did not remember hitting anyone.

The man stated that his girlfriend ran away from police following the collision but stopped to watch his arrest. He stated that she told him that at one point six police officers were beating him. The man stated that he did not remember this, but recommended that ASIRT interview his girlfriend. He further stated that at the time of the incident he was under the influence of methamphetamine, which he had used approximately five hours before the incident. He stated that his girlfriend was under the influence of heroin, which she had consumed approximately one hour before the incident.

The man’s girlfriend was interviewed twice during the course of this investigation, once by EPS and once by ASIRT. During the first interview by EPS, she stated that she had been the lone passenger in the vehicle being operated by her boyfriend. She indicated that he had lost control of the vehicle while turning and began to drive on the sidewalk before striking a lamppost. She stated that neither of them was aware at the time that they had struck a pedestrian. During the statement, she indicated that when the final collision with the police vehicle occurred, the man jumped out of the vehicle first and was pursued by police. She stated that she ran from the scene to a friend’s house, where, through a third party, she contacted her boyfriend in jail, but advised that they did not discuss the incident. In addition to describing the events, she confirmed the man’s statements regarding her use of heroin prior to the incident.

The next day, after the case was assigned to ASIRT, the man’s girlfriend was interviewed again by ASIRT investigators. During this interview, she confirmed that she had recently spoken to her boyfriend and now suggested that the police had struck the SUV, causing the collision with the pedestrian and minimizing the man’s role in the incident. She now stated that following the final collision, she ran and hid under a car that was approximately 10 to 20 metres away. As she watched her boyfriend’s arrest, she alleged she saw police assault him.

As a result of the discrepancies between their various versions of the incident and the conversations that took place between them after the man’s arrest, ASIRT investigators took the unusual step of obtaining a judicial authorization for access to the man’s communications while in custody at the Edmonton Remand Centre. The recorded calls revealed repeated attempts by the man to influence the evidence of his girlfriend in conversations directly with her and with other parties. On several occasions, the man referenced the impact that her assistance would have on his chances of getting bail on the charges arising from the incident. During two of the calls, the man’s girlfriend described the striking of the pedestrian, saying that she remembered her being in the way, running and screaming. The man advised her to downplay that aspect of the story when dealing with the police, and to state that she was not sure of the details.

During the calls, the man repeatedly exaggerated the extent of his dealings with police, stating that he had smashed four police vehicles, that he had four CEWs used upon him, had received four broken bones in his face during the incident, and had sustained dog bites during his arrest. His girlfriend’s response to these statements clearly demonstrated that she had not witnessed the arrest. It appeared that in a number of the exchanges, the man attempted to instil fear in his girlfriend in order to ensure her cooperation, and encouraged her to turn herself in to police, which he repeatedly suggested would help him.

In addition to the recorded calls, the independent evidence of three civilian witnesses and CCTV video from an area business confirmed that the man’s girlfriend did not witness his arrest as described in her second statement, but rather had immediately fled the area as she had initially described.

Despite being under no obligation to do so, each of the three police officers directly involved in the arrest of the man provided voluntary statements to ASIRT for use during the investigation. One officer acknowledged deploying his CEW during the foot pursuit of the man, which resulted in the man falling to the ground. When the man continued to struggle on the ground, and was described as actively resistant, the officer reactivated his CEW, which allowed him, with the assistance of the other two involved officers, to place the man in handcuffs. The three officers directly involved in the man’s arrest, along with all witness officers interviewed, denied participating in or witnessing any significant use of force as described by the man and his girlfriend.

On the basis of the information available to police during this incident, they were lawfully placed to arrest the man in relation to a number of Criminal Code offences, including possession of stolen property and criminal flight causing bodily harm. As the officers were engaged in the lawful execution of their duty, they were authorized by Sec. 25 of the Criminal Code to use a reasonable amount of force necessary to carry out their duties.

While the description of the amount of force used during the incident varies widely between the descriptions provided by police and the man and his girlfriend, when looking at the evidence in this matter as a whole, it is impossible to place any weight whatsoever on the versions offered by the man and his girlfriend.

In addition to the significant inconsistencies between the versions offered by both the man and his girlfriend in their own multiple statements, which would on their own significantly compromise the ability to rely upon their evidence, the recorded attempts by the man to influence the evidence of his girlfriend in hopes of convincing her to tailor her evidence to match his own is fatal to the credibility of both witnesses. Independent evidence conclusively established that the girlfriend was not present to witness the arrest.

Based on the available reliable evidence, the force used to arrest the man was both reasonable and necessary. Once restrained in handcuffs, there were no additional uses of force, and the man was taken into custody without further incident. Furthermore, it is clear from an assessment of all the evidence in this matter that the cause of the initial collision with the pedestrian was the man’s deliberate driving pattern and that there was no physical contact with the SUV by any police vehicle before the pedestrian was struck.

There are no reasonable grounds, nor reasonable suspicion, to believe that any of the officers committed any Criminal Code offence(s). The officers were lawfully placed in their actions with the man, and the force employed was reasonable and necessary in the circumstances. As such, no charges are appropriate, and ASIRT’s involvement in the matter is concluded.

ASIRT’s mandate is to effectively, independently and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person, as well as serious or sensitive allegations of police misconduct.

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Alberta

Flames trying to shake off ‘worst’ playoff effort in 4-1 loss to Oilers

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EDMONTON — If the Calgary Flames thought their second-round series was going to be a cakewalk after scoring nine goals in the opening game, they forgot the firepower of their opponent.

Evander Kane had a natural hat trick in the second period, Leon Draisaitl had four assists and Connor McDavid had three helpers to put him at 23 points in just 10 games, as the Edmonton Oilers cruised to a 4-1 win Sunday to take a 2-1 lead in the Battle of Alberta series after losing the first game 9-6.

Flames defender Rasmus Andersson felt is was easily his team’s worst effort of the series.

“Yeah, probably. For sure that second period, at least,” he said. “You’re never happy when you play like that and you lose the second period 4-0. We left (goalie Jacob Markstrom) out to dry there one too many times.”

McDavid became the first player in NHL history to record nine multi-point games in the first 10 games of the playoffs and has been a constant thorn in the Flames’ side to this point.

“He had another, what, three or four-point night?” Andersson said. “He played really well today and we just have to find a way to stop him together.”

It certainly wasn’t just McDavid, as Draisaitl set an NHL playoff record as well, becoming the first player to ever record four assists in one period.

“They haven’t played at home in this round yet and they were going to come out hard and really play with a lot of purpose in their game, a lot of speed, and they did,” Flames head coach Darryl Sutter said.

The Flames can take solace that they were also down 2-1 in their opening-round series against the Dallas Stars and came back to win in seven games.

“They have home-ice advantage right now. We’ve got to win one game here to get it back,” said Flames forward Matthew Tkachuk. “We could’ve lost 10-0 tonight. We could’ve lost 1-0 in overtime. It’s the same result. We were in this position last series. It’s not that hard of a recipe to figure out here. We’ve just got to win one game and get the series tied and go back home.”

“That’s the beauty of the playoffs, I guess — it’s a new game in a day-and-a-half and we’re excited for that,” Andersson added. “Now we flip the page, we move on.”

Game 4 takes place on Tuesday in Edmonton.

This report by The Canadian Press was first published May 22, 2022.

Shane Jones, The Canadian Press

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Alberta

Kane, McDavid, Draisaitl lead Oilers over Flames 4-1 to take 2-1 series lead

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EDMONTON — Evander Kane didn’t have a team four months ago.

The controversial winger lugging around plenty of off-ice baggage was confident of an NHL return at some point. He just didn’t know when or where.

Now he’s filling the net alongside two of hockey’s best.

Kane scored a natural hat trick during an electric six-minute span and Connor McDavid provided more magic with three assists in another dominant performance as the Edmonton Oilers downed the Calgary Flames 4-1 on Sunday to take a 2-1 lead in their second-round playoff series.

I’m just happy to be part of this group,” said Kane, who had his contract terminated by the San Jose Sharks in January before signing on in the Alberta capital. “Just trying to do my part.”

McDavid, meanwhile, now has 23 points (six goals, 17 assists) through 10 playoff games this spring. The only players in post-season history with more over the same span are Wayne Gretzky (29 in 1983 and 25 in 1985), Mario Lemieux (25 in 1992) and Rick Middleton (23 in 1983).

“He’s been on fire in the playoffs and has taken his game to the next level,” Kane said. “He’s not just doing it on the scoresheet. That’s what’s allowing him to really showcase his skill. He’s physical, he’s involved. A dominant force.”

Leon Draisaitl, meanwhile, became the first player in league history to register four assists in a playoff period by setting up each of the home side’s goals in a frantic second as the Oilers’ top line combined for 10 points. Zach Hyman had the other goal for Edmonton.

“(Draisaitl) has been really good for our group,” Kane said of a teammate sitting second behind McDavid in the overall playoff scoring race with 19 points despite battling through a suspected injury.

“Seems to find another level each and every night.”

Mike Smith, who was briefly pulled from the action by the league’s independent concussion spotter midway through the third after getting clobbered into the boards by Milan Lucic, made 32 saves for the victory.

Oliver Kylington replied for Calgary, while Jacob Markstrom allowed four goals on 34 shots before getting the hook behind a Flames group that has been outscored 8-1 since taking a 3-1 lead in the second period of Game 2. Dan Vladar made seven saves in relief.

“We lose the second period 4-0,” Calgary defenceman Rasmus Andersson said. “We let one guy (McDavid) dominate.”

The Oilers will look to take a 3-1 stranglehold on the best-of-seven Battle of Alberta — the first post-season meeting between the provincial rivals in 31 years — Tuesday night back at Rogers Place.

The first playoff contest in Edmonton to feature the Oilers and Flames since April 14, 1991, when Theo Fleury scored in overtime of Game 6 to spark a wild and memorable celebration, the Oilers exploded for those four goals in just over 12 minutes in the middle period, including Kane’s second hat trick of the month.

Hyman opened the scoring with his sixth of the post-season 52 seconds after the restart following a 21-shot Edmonton first off a setup from Draisaitl and McDavid to ignite the crowd inside and outside the raucous, packed-to-the rafters arena.

“I think we had a lot of our younger guys that haven’t been in this situation before (and) were a little bit intimidated by the atmosphere,” Calgary head coach Darryl Sutter said.

Kane scored his first of the night at 6:58 off a feed from Draisaitl after the Flames turned the puck over at the offensive blue line.

He then pushed the lead to 3-0 on an outrageous McDavid rush after stepping past Calgary defenceman Noah Hanifin like he wasn’t even there just 53 seconds later.

“We’ve let one guy beat us a few nights now,” Flames forward Matthew Tkachuk said of McDavid’s mastery.

“Back to the drawing board and figure out a way to stop him.”

Smith made a great stop on a Johnny Gaudreau breakaway later in the period before also denying Tkachuk.

“Just trying to make saves for our group,” said the 40-year-old goaltender, who spent a big chunk of the season out injured. “Trying to stay as poised as possible.”

Kane completed his hat trick — the seventh-fastest in post-season history — with his 10th goal of the 2021-22 playoffs at 12:58 on a 2-on-1 with McDavid before fans littered the ice with headgear.

The 30-year-old Vancouver native is just the third Edmonton player to score three straight goals in a post-season game, joining Gretzky (1983) and Petr Kilma (1991).

After his contract was voided by San Jose, Kane signed on with his fourth NHL team despite plenty of questions about his past — from suspensions due to COVID-19 protocol violations, a bankruptcy and self-confessed gambling problems.

The biggest headlines from his personal life, however, were related to allegations of abuse lodged by his former wife, which were not proven in court. Kane has custody of the former couple’s daughter.

“I didn’t know Evander Kane at all,” said Edmonton interim head coach Jay Woodcroft, who replaced the fired Dave Tippett in February. “What I’ve learned is he is a hockey player with really, really good habits.

“There’s a reason why he finds success.”

Markstrom, who allowed 11 combined goals in Games 1 and 2 after posting a .941 save percentage in the opening round against the Dallas Stars, got the hook in favour of Vladar to start the third with the Flames turning their attention to Game 4.

Seven points clear of Edmonton in the standings to top the Pacific Division and minus injured defenceman Chris Tanev (undisclosed) for a fourth straight contest, Calgary got a power play early in the final period looking for a spark, but Smith was sharp at every turn.

Lucic subsequently ran over the veteran netminder behind the Oilers’ net midway through the third to ignite a melee involving all 10 skaters.

“When you’re getting run through the end wall and you’re not expecting it … it’s not an ideal situation,” Smith said.

“A play out of frustration, running our goalie,” added Kane.

Smith was removed by the spotter in favour of Koskinen, who didn’t have to make a save in just over four minutes of action, before Edmonton’s starter returned to a huge ovation after re-emerging from the locker room.

Kylington got a consolation goal for the visitors — his first of the playoffs — with under five minutes to go in regulation.

The Oilers fell behind early in both games at Calgary’s Scotiabank Saddledome, but following a wild 9-6 loss in the opener, rebounded with a 5-3 comeback victory two nights later to even the series.

Edmonton had a much better start Sunday, including Brett Kulak’s point shot that leaked through Markstrom and hit post before being cleared.

The Flames had hoped to keep the action at 5-on-5 as much as possible after McDavid, Draisaitl and the Oilers took advantage of power play, short-handed and four-on-four situations in Game 3, but took two penalties to Edmonton’s one in the first.

McDavid, who seemed to have the puck all night, went on one of his jaw-dropping rushes during his team’s second man advantage, but Markstrom was there to deny the Oilers captain in what was a sign of things to come.

“Good to come back home and play these guys on our home ice,” Kane said. “A good win for our group.”

And one he probably didn’t envision being part of not that long ago.

This report by The Canadian Press was first published May 22, 2022.

___

Follow @JClipperton_CP on Twitter.

Joshua Clipperton, The Canadian Press

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