Whitehorse Daily Star

I had the fright of my life, sergeant testifies

“I was shook up. It was the most scared I’d ever been,” Dawson RCMP Sgt. David Wallace told a Yukon Supreme Court jury trial Wednesday.

By Dan Davidson on January 22, 2015

DAWSON CITY – “I was shook up. It was the most scared I’d ever been,” Dawson RCMP Sgt. David Wallace told a Yukon Supreme Court jury trial Wednesday.

He was describing his reaction on Oct. 19, 2011, the day Mark McDiarmid came at his police truck with a sledge hammer, as the sergeant testified.

He said McDiarmid smashed the driver’s side headlight, dented the fender and put a hole through the windshield directly in front of where the sergeant was sitting.

Wallace had retreated back into his vehicle when what he thought would be a routine contact with McDiarmid suddenly went sour, the court was told.

Wallace had sought out McDiarmid to have him come to the detachment and settle some issues related to his bail conditions.

McDiarmid, 36, is facing seven charges – mischief in damaging a police vehicle, three counts of assaulting police officers, possessing a weapon for a dangerous purpose, and two counts of attempted murder .

Wallace testified he had spoken with McDiarmid about a similar matter the previous August without it creating any sort of altercation.

Consequently, he testified, he had been taken by surprise when the latter had reacted negatively, had rummaged in the cab of his truck and had pulled out a blue sledgehammer.

Wallace, who had exited his truck to talk to McDiarmid outside his mother’s home on Boutillier Road, had begun to retreat to his vehicle when McDiarmid appeared angry and unco-operative.

He told Crown prosecutor David McWhinnie his first thought was that McDiarmid was reaching for a rifle.

He didn’t know just why that came to mind, since his relations with the man had been cordial up to then.

Earlier in August, before the first bail incident, he had stopped to assist McDiarmid when his truck had quit on Pierre Berton Drive, and had used the police truck to tow him to a safer parking place.

He conceded his thoughts were no doubt coloured by news of an incident that had occurred to a colleague in another community.

With Wallace backing his truck out of reach, McDiarmid exited the other end of the short residential road onto the Klondike Highway and headed south across the Ogilvie Bridge.

Wallace, in his damaged vehicle, returned to the Front Street detachment and reported the events to his superiors in Whitehorse.

Wallace went on to describe in some detail the events of the next day, during which six officers, in three vehicles, attempted to apprehend McDiarmid in the area of the North Fork Road and Dempster Highway.

Acting on information that the suspect was working in a woodlot fairly near the Tr’ondëk Hwëch’in’s R22 compound, the police planned to box him in on the side road, deflate his tires with a spike belt if he attempted to run, and take him into custody.

The plan was somewhat frustrated by poor communications, the court heard.

The police radios needed a repeater boost to allow them to communicate with each other, and they had to relay from vehicle to vehicle as the hours wore on toward twilight and darkness on that October evening.

McDiarmid rolled over the spike belt and continued to the junction of the North Fork Road and Dempster Highway, turning north before coming to a stop.

He was closely followed in a police car by Constables Jeff Nielson and David Marentette, who pulled up behind him when he stopped.

By then, Wallace and another officer had cleared away the spike belt and begun to follow the other two vehicles. Wallace said he was leaving his vehicle when he heard the others say shots had been fired.

In the Crown’s summary of the events, prosecutor Jennifer Grandy had earlier described how McDiarmid came out of his truck, threw a jar filled with some gasoline compound at the constables and advanced on them with what turned out to be a splitting maul.

Wallace had thought at the time it was a large axe.

Wallace said Nielson fired two shots and Marentette fired one.

He approached McDiarmid, who was lying on the ground, and tried to ascertain the extent of his injuries.

The man said nothing at first, but did eventually complain that his hands, cuffed behind his back, were getting cold.

Wallace observed that he was sweating. Concerned that he might be going into shock, he had him conveyed to the rear of one of the police cruisers, to keep him warm while they continued to look for his wounds. They only located two of the three.

One of the cruisers had been dispatched to get to within radio range to request an EMS ambulance, which was reported to be on its way.

Wallace, however, decided it would be best to go and meet it, which they did about 35 minutes later, just north of the Dawson City Airport.

Later examination at the Dawson City Health Centre (the new hospital’s predecessor) revealed McDiarmid had been shot twice around his right hip and once in his left shoulder.

Cpl. Dave Morin (since promoted to sergeant and now in charge of the Dawson detachment) was left on the Dempster to secure the scene and isolate the constables in separate vehicles while they recorded the event separately.

Morin also confiscated their duty belts, which Wallace said is standard procedure in such cases.

The pair, who are no longer posted in Dawson, were cleared of any inappropriate actions just over a year later in a report from the Alberta Serious Incident Response Team.

Earlier Wednesday, Judge Elizabeth Hughes instructed the jurors in the niceties of court procedure, their duty to deliberate only on the evidence presented and clues by which they might be expected to evaluate testimony.

Wallace’s testimony took up the rest of the morning and continued after the noon break until 4:30 p.m.

A good deal of the Crown’s questioning had to do with the exact locations where events took place, the special relationships among the various officers and the accused, identifying marks on the various vehicles and lots of physical minutia.

There was much repetition, as well as identification of locations on sketch maps and aerial photographs.

Comments (2)

Up 99 Down 40

Josey on Jan 22, 2015 at 11:35 pm

I have no doubt the officer was scared, hell I'd be too....
....the funny thing about it though, these days I have a real hard time believing in general the circumstances of so many "inter actions" the RCMP seem to just get into are as they in fact.... reported to have happened.
Who can we thank for that lack of trust? Yes indeed the very crew whom keep perpetuating the us & them attitudes and I must say it STARTS at the top!.
I speak not of this case in particular, but the many, many "isolated"(sarc) cases where folks get dead...cop goes free, free as a cop.
Stapler, hammer, cell phone...if you have something in your hands these days often ones wallet in trying to comply...still gets you dead/wounded (granted that was USofEh...same but different)

I was brainwashed they are here to serve and protect as a child, no longer a child I no longer hold that naive view.
Are there good/great members still? Yes of course there are....however the bad apple scenario? Needs an update, compost cart with a few shiny delicious ones in there somewhere.
Within context....if he needed to be shot cuz he scared a member and used violence to do so...OK fair enough.
Why can we not "protect" ourselves the very same way when we are faced with grave danger?
When we do....charges soon to follow, an example of that very scene out east as we speak.

Remember folks when seconds count, the cops if they even show...are minutes away.
I wonder how scared that lady from Tagish was as she was sped into M division at 160kph with no seatbelt...before she died....from a completely unnecessary roll over with yet another member using stellar, STELLAR I say, judgement.
Or can cops be scared only...and clearly cops can/do kill when faced with it.
We however are obligated to be statistics it seems.

Glad no one had to die this particular day, hopefully ALL parties "may" learn from this?
R.I.P. Ian Bush
Who? He was a young man shot in the BACK of his head by another member nervous in the service. His crime? having a beer at a hockey game and meeting (gasp)....another "rare" bad apple...Hmm...imagine.
Oh yeah...the camera in the room he was being interrogated...yup...just happen to fail at the right time.
Look it up...there are scads of "odd" cases as that....mere random interaction gone bad I suppose?
I really want to believe them when they testify....evidence/facts their devolution as a national police force, ensures I probably will not.
And that I think is very unfortunate!

Up 48 Down 10

melba on Jan 22, 2015 at 5:37 pm

Amazing that a person would be so confident and sure of himself that he would attack a police vehicle with a sledgehammer then calmly show up for work the next day as if it were nothing.

He sounds like a complete psychopath.

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