Calgary police officer guilty of assault
The Calgary police officer who jumped on the back of a fleeing traffic-stop suspect — breaking his ribs and collapsing his lung — used excessive force, a judge ruled Friday.
Provincial court Judge Margaret Keelaghan convicted Const. James Othen of assault causing bodily harm in connection with the July 30, 2016, arrest of Clayton Prince, which was captured on a police cruiser dash camera.
Keelaghan also found Othen guilty of assault with a weapon, for sticking a key into Prince’s neck as the northern Alberta man was lying, wounded, in the back of a police vehicle.
But Keelaghan found there was insufficient evidence Othen committed two charges of public mischief, for indicating Prince was resisting arrest at the time he and other officers struggled with Prince on the ground.
Othen was charged along with two other officers in connection with Prince’s arrest at Macleod Trail and Glenmore Trail S.W.
Keelaghan acquitted both Const. Kevin Humfrey and Const. Mike Sandalack of assaulting Prince, and also found Humfrey not guilty of public mischief.
In her lengthy ruling, the judge said the dash camera video, even though it was shut off after just eight seconds, was the “most compelling and accurate evidence.”
The video shows Prince getting down on the ground and putting his hands behind his head after a fourth officer, Const. Christopher Harris, drew his service weapon and ordered the suspect to surrender.
Keelaghan said it was important not to view the video frame by frame in determining “the reality experienced by Const. Othen. “It is one perspective,” she noted. “But one cannot avoid the strong impression left by the incontrovertible image of Prince getting downonthe ground with his hands behind his head and Harris holstering his weapon, when Othen makes a number of strides toward Prince and lands with both knees, apparently with full force, on his right side and begins punching him in the face.
“I find that the force used by Othen was excessive, unnecessary and clearly disproportionate to what was required in the circumstances, notwithstanding what had gone before,” Keelaghan said.
The judge did not accept Othen’s claim that he believed Prince was resisting and that force was needed to restrain him.
“On these issues and in general, I do not find Const. Othen’s evidence is reliable and I am not left in doubt by it.”
The judge said while Othen provided inaccurate information in both his notes and his will-say statement, she could not find him guilty of public mischief.
“It is clear that the version provided by Othen ... is incorrect and untrue,” she said.
“(But) in this case, Prince was resisting by failing to comply with Othen’s commands to stop.”
In relation to Humfrey, the judge said she didn’t believe much of his evidence, but could not find he used excessive force in striking Prince.
“I find that I have a doubt in relation to his intention at the time he delivered the first blow to Prince,” Keelaghan said.
“I cannot say beyond a reasonable doubt on the evidence I have before me that it was not his intention to use reasonable force to bring the situation, as he believed it, to be under control.”
She also said that while Sandalack, who arrived after the initial attack on Prince, minimized his role, she could not find him guilty of assault.
At the request of Othen’s lawyer, Alain Hepner, a pre-sentence report will be prepared on the officer.
His sentencing hearing is set for May 3.
After the verdict, police Chief Roger Chaffin said in a statement: “As with a member of public, when an officer is charged with an offence, they have the right to a fair trial.
“I fully respect the judicial process and will take time to review the verdict.
“Constable Othen will continue to be relieved from duty without pay. The statuses of the officers found not guilty are now under review.
“Moving forward, under the Police Act, this incident is required by law to be reviewed and an internal investigation will be conducted by the CPS professional standards section. We will be unable to provide additional comment until the internal investigation is complete.”