Calgary Herald

Officer ground key into suspect’s neck, court told

- KEVIN MARTIN KMartin@postmedia.com Twitter/KMartinCou­rts

One of three Calgary officers charged with assaulting a fleeing traffic-stop suspect used “extremely excessive” force when he ground a key into the man’s neck, a constable testified Wednesday.

Const. Ryan MacPherson told court he watched as Const. James Othen approached Clayton Prince, after the suspect had been handcuffed and placed in the back of a police pickup.

“I saw Othen take a long silver key and dig it into the back of Mr. Prince’s neck and almost kind of turned it,” MacPherson told Crown prosecutor Jim Stewart.

Prince immediatel­y reacted in pain, the officer said.

“He moaned out loudly,” MacPherson said.

He said Othen didn’t say anything to Prince. “It was very quick, under two seconds.”

MacPherson said he didn’t ask Othen why he did it and didn’t anticipate it happening until it did.

“It was extremely excessive. Mr. Prince was just laying in the back, bleeding,” he said.

Under cross-examinatio­n by Othen’s lawyer, Alain Hepner, MacPherson said the wound was inconsiste­nt with a photo showing a wound behind Prince’s left ear.

MacPherson further clarified it was inconsiste­nt because he believed Othen struck Prince behind his right ear.

Othen and two other officers, Const. Kevin Humfrey and Const. Mike Sandalack, each face charges of assault causing bodily harm in connection with the July 30, 2016, incident at Glenmore Trail and Macleod Trail.

Othen and Humfrey also face two charges each of lying in their reports to arresting officer Const. Derrick Matkar, who charged Prince with resisting arrest after being told he failed to listen to commands to get down, had to be tackled and refused to provide his hands to be cuffed.

Othen faces a third charge of assault with a weapon, the key.

In earlier evidence, Const. Chris Harris said he drew his firearm on Prince and ordered him to the ground, testimony backed by dash cam video.

In the video, Prince can be seen prone and face down with his hands behind his head before Othen jumps on his back and Humfrey starts striking him.

MacPherson said he assisted in Prince’s arrest when the suspect was kicking his legs while four officers tried to subdue him by holding down his legs.

Along with Othen and Humfrey, he described Sandalack taking part in the arrest, raining knee blows to Prince’s head and shoulder.

MacPherson said he could hear “punches and knee strikes being landed,” followed by Prince moaning.

“It sounded like he was moaning out of pain,” he said.

“I did see ... Const. Sandalack lay numerous strikes to Mr. Prince’s upper body, including his head.”

At one point one officer yelled, “video, video,” or “camera, camera,” which stopped the assault momentaril­y, before it resumed.

He also said he could hear handcuffs being closed and recalled Sandalack continuing to knee Prince after that.

Stewart asked MacPherson to describe the intensity of the blows, but the witness said it was difficult to quantify.

“I would say it would cause damage to somebody’s head or body and they would be in considerab­le pain,” he said.

The trial continues.

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