Photo courtesy ASIRT

By Erika Rolling

Investigation concluded

ASIRT finds Spirit River officer not guilty of aggravated assault

Jan 14, 2024 | 8:35 AM

Alberta’s police watchdog, ASIRT, has concluded their internal investigation into an arrest made on June 11, 2022, by Spirit River RCMP that left a man with a broken neck and became a quadriplegic.

Background:

At around 4:00 p.m. that day, three officers were patrolling in two marked vehicles outside of Wanham when they came across a vehicle with headlights flashing at them. Police followed the vehicle which led them to the “New Pro” building, which Mounties were familiar with as it was a target for frequent break-and-enters, copper wire thefts, and drug use.

The property owner had escorted two males away from the building towards large concrete blocks on site as police arrived. Officers placed the two men under arrest for break-and-enter after the property owner said they witnessed them stripping copper wire from their building.

Both men were handcuffed behind their backs, but the one man was trying to reach his hoodie front pocket which had drug paraphernalia and pliers used for cutting wire in it.

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Two officers told the man several times to quit attempting to reach into the pocket or he would be taken to the ground. The man resisted verbal cues from the officers and began to resist police by spreading his feet and wriggling his body.

Both of the man’s arms were grabbed by one officer each and did a “leg sweep” to take the man to the ground. This resulted in the arrested male hitting his head on the gravel.

Once on the ground, the man was searched for items in his pockets he was trying to access prior and was asked to stand up again, but could not. The two officers picked the man up by the arms and dragged him about 10 feet and the man said he could not feel his legs nor stand.

One officer applied light pressure to the man’s chest, arms, legs, and feet, which the man also could not feel.

EMS transported the man to a hospital, and then he was subsequently transported by air ambulance to an Edmonton hospital where he was treated for a spinal cord injury, which left him quadriplegic.

Conclusion:

ASIRT has found the officer had used the leg sweep to take the arrested man down to the ground, which subsequently broke his neck, not guilty of aggravated assault.

The majority of the interaction of the arrest was captured by the RCMP vehicles at the scene equipped with “Watchguard”, but no audio accompanied the video.

ASIRT says contrary to statements made by the two men arrested, the video shows officers did not slam the man into the ground, but rather tripped from a standing position.

Their findings show the police officer’s actions, “were lawfully placed and acting properly in the execution of their duties” and “the use of force by SO (subject officer) was proportionate, necessary and reasonable in all of the circumstances.”

You can read the full 12-page decision by ASIRT by clicking here.

ORIGINAL STORY: ASIRT investigating arrest in Spirit River