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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

Alberta judge sides with LGBT activists, allows ‘gender transitions’ for kids to continue

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From LifeSiteNews

By Clare Marie Merkowsky

‘I think the court was in error,’ Alberta Premier Danielle Smith has said. ‘There will be irreparable harm to children who get sterilized.’

LGBT activists have won an injunction that prevents the Alberta government from restricting “gender transitions” for children.

On June 27, Alberta King’s Court Justice Allison Kuntz granted a temporary injunction against legislation that prohibited minors under the age of 16 from undergoing irreversible sex-change surgeries or taking puberty blockers.

“The evidence shows that singling out health care for gender diverse youth and making it subject to government control will cause irreparable harm to gender diverse youth by reinforcing the discrimination and prejudice that they are already subjected to,” Kuntz claimed in her judgment.

Kuntz further said that the legislation poses serious Charter issues which need to be worked through in court before the legislation could be enforced. Court dates for the arguments have yet to be set.

READ: Support for traditional family values surges in Alberta

Alberta’s new legislation, which was passed in December, amends the Health Act to “prohibit regulated health professionals from performing sex reassignment surgeries on minors.”

The legislation would also ban the “use of puberty blockers and hormone therapies for the treatment of gender dysphoria or gender incongruence” to kids 15 years of age and under “except for those who have already commenced treatment and would allow for minors aged 16 and 17 to choose to commence puberty blockers and hormone therapies for gender reassignment and affirmation purposes with parental, physician and psychologist approval.”

Just days after the legislation was passed, an LGBT activist group called Egale Canada, along with many other LGBT organizations, filed an injunction to block the bill.

In her ruling, Kuntz argued that Alberta’s legislation “will signal that there is something wrong with or suspect about having a gender identity that is different than the sex you were assigned at birth.”

However, the province of Alberta argued that these damages are speculative and the process of gender-transitioning children is not supported by scientific evidence.

“I think the court was in error,” Alberta Premier Danielle Smith said on her Saturday radio show. “That’s part of the reason why we’re taking it to court. The court had said there will be irreparable harm if the law goes ahead. I feel the reverse. I feel there will be irreparable harm to children who get sterilized at the age of 10 years old – and so we want those kids to have their day in court.”

READ: Canadian doctors claim ‘Charter right’ to mutilate gender-confused children in Alberta

Overwhelming evidence shows that persons who undergo so-called “gender transitioning” procedures are more likely to commit suicide than those who are not given such irreversible surgeries. In addition to catering to a false reality that one’s sex can be changed, trans surgeries and drugs have been linked to permanent physical and psychological damage, including cardiovascular diseases, loss of bone density, cancer, strokes and blood clots, and infertility.

Meanwhile, a recent study on the side effects of “sex change” surgeries discovered that 81 percent of those who have undergone them in the past five years reported experiencing pain simply from normal movements in the weeks and months that followed, among many other negative side effects.

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Alberta

Why the West’s separatists could be just as big a threat as Quebec’s

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By Mark Milke

It is a mistake to dismiss the movement as too small

In light of the poor showing by separatist candidates in recent Alberta byelections, pundits and politicians will be tempted to again dismiss threats of western separatism as over-hyped, and too tiny to be taken seriously, just as they did before and after the April 28 federal election.

Much of the initial skepticism came after former Leader of the Opposition Preston Manning authored a column arguing that some in central Canada never see western populism coming. He cited separatist sympathies as the newest example.

In response, (non-central Canadian!) Jamie Sarkonak argued that, based upon Alberta’s landlocked reality and poll numbers (37 per cent Alberta support for the “idea” of separation with 25 per cent when asked if a referendum were held “today”), western separation was a “fantasy” that “shouldn’t be taken seriously.” The Globe and Mail’s Andrew Coyne, noting similar polling, opined that “Mr. Manning does not offer much evidence for his thesis that ‘support for Western secession is growing.’”

Prime Minister Mark Carney labelled Manning’s column “dramatic.” Toronto Star columnist David Olive was condescending. Alberta is “giving me a headache,” he wrote. He argued the federal government’s financing of “a $34.2-billion expansion of the Trans Mountain pipeline (TMX)” as a reason Albertans should be grateful. If not, wrote Olive, perhaps it was time for Albertans to “wave goodbye” to Canada.

As a non-separatist, born-and-bred British Columbian, who has also spent a considerable part of his life in Alberta, I can offer this advice: Downplaying western frustrations — and the poll numbers — is a mistake.

One reason is because support for western separation in at least two provinces, Alberta and Saskatchewan, is nearing where separatist sentiment was in Quebec in the 1970s.

In our new study comparing recent poll numbers from four firms (Angus Reid InstituteInnovative Research GroupLeger, and Mainstreet Research), the range of support in recent months for separation from Canada in some fashion is as follows, from low to high: Manitoba (6 per cent to 12 per cent); B.C. (nine per cent to 20 per cent); Saskatchewan (20 per cent to 33 per cent) and Alberta (18 per cent to 36.5 per cent). Quebec support for separation was in a narrow band between 27 per cent and 30 per cent.

What such polling shows is that, at least at the high end, support for separating from Canada is now higher in Saskatchewan and Alberta than in Quebec.

Another, even more revealing comparison is how western separatist sentiment now is nearing actual Quebec votes for separatism or separatist parties back five decades ago. The separatist Parti Québécois won the 1976 Quebec election with just over 41 per cent of the vote. In the 1980 Quebec referendum on separation, “only” 40 per cent voted for sovereignty association with Canada (a form of separation, loosely defined). Those percentages were eclipsed by 1995, when separation/sovereignty association side came much closer to winning with 49.4 per cent of the vote.

Given that current western support for separation clocks in at as much as 33 per cent in Saskatchewan and 36.5 per cent in Alberta, it begs this question: What if the high-end polling numbers for western separatism are a floor and not a ceiling for potential separatist sentiment?

One reason why western support for separation may yet spike is because of the Quebec separatist dynamic itself and its impact on attitudes in other parts of Canada. It is instructive to recall in 1992 that British Columbians opposed a package of constitutional amendments, the Charlottetown Accord, in a referendum, in greater proportion (68.3 per cent) than did Albertans (60.2 per cent) or Quebecers (56.7 per cent).

Much of B.C.’s opposition (much like in other provinces) was driven by proposals for special status for Quebec. It’s exactly why I voted against that accord.

Today, with Prime Minister Carney promising a virtual veto to any province over pipelines — and with Quebec politicians already saying “non” — separatist support on the Prairies may become further inflamed. And I can almost guarantee that any whiff of new favours for Quebec will likely drive anti-Ottawa and perhaps pro-separatist sentiment in British Columbia.

There is one other difference between historic Quebec separatist sentiment and what exists now in a province like Alberta: Alberta is wealthy and a “have” province while Quebec is relatively poor and a have-not. Some Albertans will be tempted to vote for separation because they feel the province could leave and be even more prosperous; Quebec separatist voters have to ask who would pay their bills.

This dynamic again became obvious, pre-election, when I talked with one Alberta CEO who said that five years ago, separatist talk was all fringe. In contrast, he recounted how at a recent dinner with 20 CEOs, 18 were now willing to vote for separation. They were more than frustrated with how the federal government had been chasing away energy investment and killing projects since 2015, and had long memories that dated back to the National Energy Program.

(For the record, they view the federal purchase of TMX as a defensive move in response to its original owner, Kinder Morgan, who was about to kill the project because of federal and B.C. opposition. They also remember all the other pipelines opposed/killed by the Justin Trudeau government.)

Should Canadians outside the West dismiss western separatist sentiment? You could do that. But it’s akin to the famous Clint Eastwood question: Do you feel lucky?

Mark Milke is president and founder of the Aristotle Foundation for Public Policy and co-author, along with Ven Venkatachalam, of Separatist Sentiment: Polling comparisons in the West and Quebec.

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