Killer files lawsuit over his treatment during riot
A lawsuit has been filed by one of nine Calgary Remand Centre prisoners charged in connection with a riot over his treatment during the disturbance.
Convicted killer Kyle Ledesma claims he was a bystander, but was roughed up by guards anyway, suffering bruising to his face.
Ledesma was charged with mischief causing damage to property in connection with the disturbance that occurred in November of 2014, but the Crown stayed the allegation last November.
In his lawsuit, Ledesma says he got caught up in a demonstration by other inmates who became angry when guards allegedly threw a prisoner’s food into the garbage.
“Some inmates indicated they would refuse to lock up as a protest,” his statement of claim says.
“Negotiations failed to resolve the situation.”
The statement of claim says “some inmates began to organize a defence in anticipation of the correctional officers using force which included setting a fire in the common area of the unit.
“Mr. Ledesma was present in the unit when these things happened, but he did not participate in (those activities),” his claim states.
“Shortly before the normally scheduled lock-up time ... heavily armoured correctional officers entered the unit to suppress the protest,” it says.
Ledesma believes the officers used stun grenades, tear gas and mace to suppress the protest.
“Mr. Ledesma was hit with one of these substances,” the lawsuit states.
Ledesma then dropped to the ground and vomited because he was struck with a noxious substance.
He was told by officers to crawl towards them, but it would have meant he would have gotten closer to the fire.
“Mr. Ledesma did not move, fearing injury from the fire,” it says.
At that point he was handcuffed by guard Cory Maennchen, the only correctional official named as a defendant, and roughed up by guards, his claim alleges.
His head was struck against a wall twice and again into a lock on the wall, it states.
Ledesma was convicted last year of second-degree murder in the Nov. 17, 2010 slaying of Calgary bartender Dexter Bain.
Jurors rejected his claim he lied to undercover officers when he confessed to killing Bain, who was working late at night at Our Place Pub when he was killed.
Ledesma, who believed there would be drugs on the premises, shot Bain twice in the back before fleeing empty-handed.
He is seeking $50,000 in damages from the province.
Ledesma’s appeal of his murder conviction is scheduled for December.