Whitehorse Daily Star

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Photo by Vince Fedoroff

EXPLAINING THE VERDICT – Susan Hughson, the executive director of the Alberta Serious Incident Response Team, discusses the investigation’s conclusions at Tuesday afternoon’s news conference in Whitehorse.

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ARREST COMMITTED TO VIDEO – A video of the April 5, 2015 altercation, posted online, has been viewed more than 700,000 times. Photo via WWW.YOUTUBE.COM

Prospects of any conviction found unlikely

A Whitehorse RCMP officer under investigation for the use of force will not be charged with any criminal offences related to an incident that occurred April 5, 2015.

By Amy Kenny on June 15, 2016

A Whitehorse RCMP officer under investigation for the use of force will not be charged with any criminal offences related to an incident that occurred April 5, 2015.

A video posted online, and viewed more than 700,000 times, shows the officer in a private residence that night, punching a man in the face and trying to flip him over to handcuff him.

In the background, people can be heard crying and yelling at the officer.

Last spring, the Alberta Serious Incident Response Team (ASIRT) was called in to lead the investigation.

At a press conference held late Tuesday afternoon in Whitehorse, Susan Hughson, the executive director of ASIRT, acknowledged that an investigation like this is difficult for a community to have hanging over it for a year.

However, she said, it took time to get the Crown’s opinion and examine the use of force.

As well, she said, ASIRT worked with the Council of Yukon First Nations and the chief of the Little Salmon-Carmacks First Nation to select an elder as a community liaison.

“Some cases are very clear,” Hughson said.

“This is not one of those cases. This is one of those cases that, when you look at the evidence, it’s just not strong enough to provide a reasonable prospect of conviction on either side.”

She said a series of interviews gave a picture of what happened that night.

Hughson said the RCMP officer, who she did not publicly name, was responding to a 911 call about a noisy party at a Whitehorse house that was known to police.

The officer approached the residence alone and heard what sounded like an argument.

Through the door, he told the daughter of the homeowner that he would have to enter, based on the 911 call.

Once inside, the officer found signs of a party, but no fighting.

He approached a man sitting in a chair with his hands in his pockets.

The officer asked for identification. The man, who appeared intoxicated, said he had none, and provided the officer with a false name.

As the officer called the name in, the man pushed past him.

A struggle ensued, during which both parties used physical force.

The man elbowed the officer’s face. The officer struck the man with an elbow before putting a knee into his back and pinning him.

The officer then handcuffed the man and took him to the Whitehorse Correctional Centre.

Hughson said there were many points during the evening when the officer could have made different decisions with regard to entering the home alone, and to the use of force.

However, she said the decisions he did make were not found to be criminal in nature.

“The officer has a lawful authority, in response to a 911 call, to enter a residence under his common law duty to preserve life,” Hughson said.

If he had started searching the residence, she said, that would have been outside the scope of his duty, but that’s not what happened.

The Crown felt the officer had the authority to enter the residence.

A use of force expert found the officer’s use of what is known as a vascular neck restraint to be reasonable.

The officer has been employed by the police force since 2000.

The officer (who was reassigned to administrative duty after the incident) will return to duties determined according to operational requirements.

Comments (11)

Up 14 Down 2

ProScience Greenie on Jun 18, 2016 at 5:34 am

Looking at that video again shows we have a bigger problem with our education departments than we do with our police force.

Up 29 Down 2

cameron on Jun 17, 2016 at 10:44 am

The police are damned if they do and damned if they do not.
They were called - if they had not gone they would have been condemned in the media for not responding to a 911 call at a house "KNOWN" to them.
We would have anarchy on the streets if we did not have the RCMP presence in the Yukon.

Up 14 Down 18

Josey Wales on Jun 16, 2016 at 1:59 pm

Hey jc....let's just say a long winded version of what woodcutter said.
I tossed you your 4th thumbs up, I have zero issue getting called out.
Kinda the point here no?

A lawful arrest is a lawful arrest, away he goes back to work.
When Brandy's killer get his due today in court, we will see just how silly the latest version of "law" is.

Up 9 Down 32

woodcutter on Jun 16, 2016 at 1:08 am

is any one really surprised?

Up 34 Down 6

jc on Jun 15, 2016 at 9:59 pm

Josey, could you tell us if you are for or against this decision. Or even if your comment has anything to do with this particular story?

Up 14 Down 43

Politico on Jun 15, 2016 at 8:23 pm

Cops investigate cops and no fault is found. Who's surprised? Why do they even go through this farce? Does anyone really believe this scat?

Up 50 Down 10

Mark on Jun 15, 2016 at 8:20 pm

You call the police to your home via a 911 call, you just gave up all rights to keep him out. These officers risk their lives everyday for you because it's the nature of the job.
I don't think this cop did anything wrong since this person was resisting arrest. The one filming it should have been arrested for threatening the cop at the very least. I am impressed by the way this cop handled the severe stress of where he was and situation around him.
I lack the tolerance for such lowlifes in society. Maybe the next time the RCMP should not respond and let them handle their own disputes. That'd be interesting.
So I am glad this cop faces no punishment and instead should receive a commendation for self control.

Up 54 Down 3

June Jackson on Jun 15, 2016 at 6:04 pm

Someone called the RCMP to the residence. Once there, someone told him who needed to leave. After that they heaped abuse and crap on him. The only thing I can see that should have been improved on, was sending the cop in alone. Should always be two of them. These days, they don't know what they are walking into.

Up 47 Down 6

Andy Odel on Jun 15, 2016 at 6:00 pm

Ain't it funny the only video available is after the altercation started. Nothing shows the lead up to the incident. The officer did not just enter the place and throw this person to the floor for no reason. There would have been a whole lot of interaction that "surprisingly " does not show up on the video. Easy to get down on the cops but when there is a problem who is first person called!!!! For mad max I think if you check the rest of the story you will find that the 911 call came from the house where the incident occurred. Obviously there was something going on there that caused someone enough concern to call 911 in the first place. As for the racial implications this could have just as easily happened at a Caucasian persons dwelling.

Up 33 Down 78

Max Mack on Jun 15, 2016 at 3:33 pm

From the story: “The officer has a lawful authority, in response to a 911 call, to enter a residence under his common law duty to preserve life,”

I realize cops have a difficult job, but we effectively have no constitutional rights or civil protections when all an officer has to say is: "I responded to a 911 call and I heard sounds of what could be fighting from inside the residence . . . "

Under the scenario described in the story, an officer can easily fabricate the probable cause to enter your house. Drinking and partying are not reasons for breaching constitutional protections. 911 calls complaining about noisy partying are not legal grounds to enter your home.

Up 17 Down 76

Josey Wales on Jun 15, 2016 at 2:30 pm

"Prospects of any conviction found unlikely"
Ummm, I wish not to sound like Captain Obvious....but is Purdy much S.O.P.
How many were arrested for break/enter, theft, destruction of property during the High River AND Greast Slave ok. Gun grab?
My guess is zero....for the reasons in your headline.
Don't even get me going on YVR and the equity poster boy's crew.
Murder to perjury....with also no jail for any involved.

Jack boots and convictions are like crime and justice...they seldom ever meet.
Common law also says I can pack heat without a permit and state approval....imagine that. Why? To protect my life and those around me, Magna Carta...been sanitized hard core since the early days via state actors and political blow holes whom felt we are "subjects" and not free people.

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