Connect with us
[the_ad id="89560"]

Alberta

Investigation concludes suspect convinced girlfriend to lie to police

Published

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.

Todayville is an independently-owned digital media company. We specialize in helping community groups, local businesses and organizations tell their story. Our team has years of media and video production experience. Talk to us about advertising, brand journalism stories, opinion pieces, event promotion, or other ideas you have to make our product better. We also own and operate Todayville Red Deer and Todayville Calgary.

Follow Author

Alberta

Saskatchewan Roughriders avoid season sweep in downing Calgary Stampeders 20-17

Published on

CALGARY — The Saskatchewan Roughriders avoided a third consecutive loss to the Stampeders with a 20-17 win Saturday in Calgary.

By a quirk of the CFL schedule, Calgary is the only opponent the Roughriders have played so far in October interrupted only by a bye week.

The Winnipeg Blue Bombers hammering the B.C. Lions 45-0 in another West Division game Saturday to get to 10-1 means the defending Grey Cup champions will host the division final Dec. 5.

Saskatchewan (6-4), Calgary (5-6) and the Lions (4-6) are in a race to have the Nov. 28 division semifinal in their stadiums, while the Edmonton Elks (2-7) languish in the basement.

The Stampeders took two games off Saskatchewan in early October to secure the season series. Calgary would rank higher in the standings in the event of a tie between the two clubs at the end of the regular season.

Trailing 10-6 at halftime Saturday, the Roughriders rallied with a pair of second-half touchdowns in front of an announced 21,672 at McMahon Stadium.

Roughriders quarterback Cody Fajardo completed 21-of-26 pass attempts for 222 yards. He threw touchdown passes to Brayden Lenius and Kyran Moore and was intercepted once.

Saskatchewan kicker Brett Lauther kicked field goals from 48 and 52 yards, but missed from 54 and 44 yards.

Fajardo earned his first career victory against the Stampeders as did Craig Dickenson as Saskatchewan’s head coach.

Quarterback Bo Levi Mitchell was 21 for 31 in passing Saturday to become the Stampeders’ leader in all-time completions.

The 31-year-old Texan needed just two Saturday to surpass previous leader Henry Burris (2,267), and he produced them on Calgary’s opening drive.

Mitchell threw for 311 yards to be 14 shy of a career 30,000.

Two of his three interceptions occurred in Saturday’s second half, however, when Mitchell was also sacked four times.

Ka’Deem Carey scored a rushing touchdown, Richie Sindani made a touchdown catch and Rene Paredes kicked a 12-yard field goal for Calgary.

With just under two minutes remaining in the game, Mitchell’s 44-yard bomb to Shawn Bane put the hosts on Saskatchewan’s 24-yard-line .

A four-yard scoring throw to Sindani on the goal-line, plus the convert, had the Stampeders trailing by a field goal with 48 seconds remaining.

Calgary’s attempt to recover an onside kick failed, however, on a leaping grab by Saskatchewan’s Duke Williams. The Stampeders had the ball for one final drive, but didn’t score again.

Saskatchewan’s Jeremy Clark ran an interception back to Calgary’s 13-yard line on the final play of the third quarter. On a third-and-goal, Fajardo threw to Moore in the end zone for a 20-10 lead.

The Roughriders led for the first time in the game midway through the third when Fajardo found Lenius in the end zone with a 13-yard pass.

Isaac Adeyemi-Berglund fumbled a return in the first half’s final seconds for Saskatchewan to recover. Lauther was wide on a 44-yard attempt, however, after success from 52 out on Saskatchewan’s previous drive.

Carey’s one-yard scoring plunge finished a 12-play, 92-yard drive in the second quarter.

Calgary’s march downfield featured Kamar Jorden’s acrobatic grab for a 31-yard reception to get to Saskatchewan’s doorstep.

Lauther kicked a 48-yard field goal on the final play of the opening quarter for a 3-3 score. He then missed a 54-yard attempt early in the second quarter.

Saskatchewan didn’t take advantage of a Jacob Dearborn interception early in the first quarter. A subsequent fumble on a snap gave Calgary the ball back on their own 27-yard line.

Calgary converted a Branden Dozier interception on Saskatchewan’s opening drive of the game into a 12-yard field goal by Paredes.

Notes: D’haquille “Duke” Williams compiled 48 receiving yards on three catches in his Roughriders debut. The former CFL all-star with Edmonton spent the last two seasons with the NFL’s Buffalo Bills . . . Stampeder defensive end Folarin Orimolade sacked Fajardo twice after missing seven games with an ankle injury.

This report by The Canadian Press was first published Oct. 23, 2021

Donna Spencer, The Canadian Press

Continue Reading

Alberta

Alberta government says jobs, economy, COVID to be focus of fall legislature sitting

Published on

EDMONTON — The Alberta government plans a busy fall legislature sitting aimed at adding jobs and diversifying the economy while focusing on tamping down the renewed surge of COVID-19.

Government house leader Jason Nixon says this will include proposed legislation on recognizing professional credentials to address labour shortages. The bill will be introduced by Premier Jason Kenney.

“Our focus will be on Alberta’s workforce, a couple of bills around diversifying the economy, a big focus on building infrastructure for our future, (and) growing our resources, particularly on the energy side,” Nixon said in an interview Friday.

There will also be new initiatives on environmental protection and conservation.

Nixon said there will be 18 to 20 bills for the sitting, which begins Monday and is scheduled to run to the first week of December. 

“It’s a very robust fall agenda,” he said.

Nixon said the government will continue to take steps to reduce COVID-19 cases, which have severely stressed the health system.

No COVID-19-specific bills are planned, he said, noting they were passed in previous sittings. 

“There’s certainly other stuff to be done to manage the pandemic … but we’ll stand ready if Alberta Health needs us to pass any legislation to deal with the pandemic.”

He said debate in the chamber is expected to return to some semblance of normalcy.

In the spring sitting, both the United Conservative government and the Opposition NDP reduced their numbers in the chamber to prevent the spread of the virus. 

This time, with all NDP members and all but one on the UCP side vaccinated, all will be allowed back in for debate.

The lone UCP member has a medical exemption and will be tested regularly, said Nixon.

He said there are still masking rules and members will try to maintain distancing where possible.

The NDP said it plans to hold the government accountable for what went disastrously wrong on COVID-19.

“This fall sitting of the legislature will be laser-focused on getting answers from the UCP on why they’ve failed Albertans so miserably in managing the devastating fourth wave of the COVID-19 pandemic,” said Christina Gray, the NDP house leader.

“Since July 15, more than 85,000 additional Albertans have been infected with the virus and 700 have died.”

Gray said the NDP will call for an all-party inquiry into the government’s handling of the pandemic with the power to compel documents and testimony.

Nixon said the government will not agree to such a motion. He said it would be wrong to redeploy vital health resources right now and that Kenney has promised an eventual review of how the province handled the pandemic.

Kenney has also promised to bring forward a motion to ratify and act on the results of Monday’s provincewide referendum on Canada’s equalization program.

Final results aren’t in from Edmonton, but figures from Calgary and other cities suggest the referendum will pass with about 60 per cent in support of urging the federal government to remove the principle of equalization from the Constitution.

Kenney has said the issue is not about removing equalization, something no province can do unilaterally, but about getting leverage to negotiate other issues surrounding federal transfers to attain a better deal with Ottawa.

Political scientist Jared Wesley said Kenney will likely continue to focus on initiatives such as the equalization referendum, if only to change the narrative on his low popularity ratings.

“The premier will be spending most of his time, if he has anything to say about it, outside the province, stumping for this fair deal,” said Wesley, with the University of Alberta.

COVID-19 numbers have been trending down in recent weeks. But Kenney and Dr. Deena Hinshaw, the province’s chief medical officer of health, say the situation remains precarious.

On Friday, there were just over 10,000 active COVID-19 cases in Alberta. And there were 191 COVID-19 patients in intensive care. 

Alberta’s fourth wave troubles began after Kenney lifted almost all COVID-19 related health restrictions as of July 1, boasting that the pandemic had moved to the “endemic” phase and there was no need to plan for a renewed case surge.

This report by The Canadian Press was first published Oct. 22, 2021.

Dean Bennett, The Canadian Press

Continue Reading

Trending

X