Montreal Gazette

Cop suspended After using unneCessAr­y forCe AgAinst 72-yeAr-old

- JESSE FEITH jfeith@postmedia.com Twitter.com/jessefeith

A Montreal police officer has been suspended for four days without pay for using unnecessar­y force and illegally detaining a partially deaf 72-year-old man.

According to a recent Quebec Police Ethics Committee, SPVM officer David Bouffard was six months into the job when he responded to a distress call in May 2015.

The 911 call was concerning a man who allegedly hit a neighbour in the leg with a shovel during a dispute over who could use part of a yard for gardening purposes.

Bouffard arrived at the scene alone. After speaking to the woman who placed the call, he found the man, James Chi Ngafor, in the backyard with his wife.

Ngafor, 72, is partially deaf and has cataracts. He was standing with his fists clenched and Bouffard noticed a yellow plastic shovel behind him.

According to the decision, Bouffard grabbed Ngafor by the left arm in an attempt to move him away from the shovel. When he couldn’t, another officer who joined shortly after Bouffard arrived grabbed Ngafor’s right arm.

Ngafor resisted, at which point Bouffard tripped him to the ground and handcuffed him. Ngafor’s left eye and arm were bruised in the process. Bouffard told the committee he tried to speak with Ngafor before using force. Ngafor maintained there was nothing said before the altercatio­n.

During the proceeding­s, Bouffard admitted to illegally detaining Ngafor and using unnecessar­y force. The second officer who joined Bouffard was also cited for using unnecessar­y force but cleared of any misconduct.

No charges were ever laid in the alleged assault that led to the distress call. Ngafor has always denied it.

Bouffard received a four-day suspension without pay: one day for the illegal detention and three for using unnecessar­y force. The suspension­s can be served concurrent­ly.

The ethics committee took into considerat­ion that Bouffard expressed regret for his actions, had only six months experience at the time and hadn’t previously been cited for any misconduct.

“The descriptio­n of the unfortunat­e event,” the committee wrote in its decision, “revealed that Constable Bouffard realized his eagerness to use force instead of using tactical communicat­ion was not appropriat­e in the circumstan­ces.”

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