`When will our lives matter?'
Montsion acquitted of charges in fatal 2016 arrest of Abdirahman Abdi
Ottawa police Const. Daniel Montsion was acquitted Tuesday on all charges of manslaughter, aggravated assault and assault with a weapon in the fatal arrest of Abdirahman Abdi as a judge ruled he was left with reasonable doubt the officer's actions led to Abdi's death.
Ontario Court Justice Robert Kelly rendered his long-awaited verdict Tuesday morning in an Ottawa courtroom and online in a “virtual courtroom” at the conclusion of an exhaustive criminal trial process that began in February 2019 and concluded in July, around the fourth anniversary of Abdi's death in July 2016.
Abdi, a 37-year-old Somali Canadian man, died following a violent interaction after leading police on a foot chase from a Wellington Street West Bridgehead café to the steps of his home at 55 Hilda St., where video capturing the final moments of his arrest became a central piece of trial evidence.
His death is seen by many as a flashpoint moment in the already fractured relationship between minority communities and police in this city, and following the verdict, many activists, politicians and Black community leaders spoke out in solidarity with Abdi and his family.
At a gathering of hundreds in Confederation Park, hosted Tuesday night by the Justice for Abdirahman Coalition, the coalition's outgoing chair, Farhia Ahmed, spoke passionately about the pain caused following fatal encounters with police.
“How many more lives need to be lost? How many more sleepless nights must our mothers endure?” asked Ahmed. “How many more Greg Ritchies do we need to see die? How many more (Anthony Austs) do we need to see leave this world?” she asked, referencing two young men of colour who also died during encounters with Ottawa police.
“How many more Abdirahman Abdis do we need to see in this fate? When will our lives matter?”
Mayor Jim Watson, in a statement, called it a “challenging and emotional day” for the city. “For those individuals who have experienced discrimination in our community, either systemic or overt, today may be even more painful and difficult.”
Abdi's family was “devastated” by the judge's decision, said lawyer and family spokesman Lawrence Greenspon outside the Ottawa courthouse immediately following the ruling.
The family has already lodged a $1.5-million civil lawsuit pending the completion of the long-running criminal trial.
Abdi's brother Jama was one of the few members of the public who attended the hearing in person Tuesday, along with Greenspon, who pledged outside court, “This is far from the end of our fight on behalf of the family.”
Justice Kelly did not read through the full reasons for his decision during the one-hour hearing Tuesday, later releasing the complete written reasons for his judgment in a 112-page ruling.
Kelly outlined three arguments central to the Crown's case that he had to consider on each of the charges against Montsion — that his conduct was an “unjustified assault” that constituted an unlawful or criminally negligent act, that the punches he delivered while wearing reinforced gloves caused the “catastrophic” injuries Abdi suffered, and that those acts caused Abdi's death.
The judge said he was not satisfied the Crown had met the “criminal standard” on any of the three charges.
“I'm also left with a reasonable doubt on whether Const. Montsion's acts caused Mr. Abdi's nasal injuries, and even if they did, whether those acts caused his death,” Kelly said in his ruling.
“I find Const. Montsion not guilty of all the charges.”
Kelly said while it was “likely” that one or more of Montsion's punches caused the nasal fractures — injuries that accelerated Abdi's death, according to the Crown's case — “I cannot safely make this finding on the criminal standard,” the judge ruled, saying his “closest examination of the evidence leaves me with a reasonable doubt on this issue.”
The judge considered “medical and non-medical evidence as a whole” and said he was left with reasonable doubt about whether Montsion's actions caused Abdi's death.
“I need not address excited delirium or psychotic illness as potential causes of death,” the judge said, adding the “evidentiary record on these issues may invite speculation.”
Montsion's defence lawyers had argued Abdi was in a state of excited delirium that day, with his erratic behaviour, resistance to the effects of pepper spray and to Const. Dave Weir's repeated baton strikes.
Weir, the first officer to respond to reports of sexual assaults in and around the Bridgehead café that day, was initially investigated by the Special Investigations Unit, along with Montsion, but was not charged.
Weir testified at trial about his earlier attempts to subdue and handcuff Abdi, and witnesses said they saw Abdi picking up a 30-pound road construction weight at one point along the path to 55 Hilda St., where Montsion would arrive moments later.
“I have looked at all of the circumstances based on the evidence as a whole,” Kelly said. “I have not ignored the Crown's submissions emphasizing that when Const.
Montsion arrived as the second officer on scene, Mr. Abdi was not holding a weapon and was not actively assaulting Const. Weir.
“Nor was Mr. Abdi striking the two officers when he was on the ground, although he was struggling hard for some time, and with some success against the force of two trained police officers.
“This is a close call,” the judge said.
“In the end, my assessment of the evidence as a whole, under the governing principles of law, leaves me in a state of reasonable doubt about whether the standing blows and the blows on the ground exceeded the bounds of reasonable police force response in the totality of the circumstances.”
Kelly considered Montsion's “overall conduct” during the arrest, including the Crown's argument the officer should have attempted de-escalation techniques, but the judge was again left with reasonable doubt about whether his conduct showed “a wanton or reckless disregard for Mr. Abdi's life or safety,” as the Crown had argued, or that it was a “marked and substantial departure from the standard of the reasonable police officer in his circumstances.”
The judge's written decision addressed the lengthy legal arguments made by Crown prosecutors Philip Perlmutter and Roger Shallow, and by Montsion's defence team of Michael Edelson and Solomon Friedman.
Following the verdict, Edelson said Montsion was relieved after four years of litigation and “looking forward to getting back to work.”
The Ottawa police did not answer questions on Tuesday about Montsion's return to duties.
Outside court, Edelson was asked to address the disappointment Abdi's family felt following the outcome.
He said it's a “tough question to answer, because there were issues in this trial.
“This young man who suffered serious mental illness was taken off his medication at the direction of his family three weeks before the incident,” Edelson said.
Friedman said Kelly had a duty to deliver a judgment dispassionately, based on the evidence and the law.
“And we think he did just that,” Friedman said. “After 70-plus days of evidence, his honour decided that no, the Crown did not prove their case beyond a reasonable doubt.”
Greenspon said Tuesday that while the civil action has been filed, “There's never enough for any family who's lost a son, a brother,” he said. “There's no such thing as closure when you lose a son or brother. And the civil action? No, it's not enough.
“I suppose what would be enough is to bring him back to life, but we know that that can't happen, so we go with the next best thing, which is legal process, which recognizes the value of Abdirahman's life, looks at why it was lost, and hopefully results in changes to our system.”
Greenspon said Abdi's family never expected the criminal justice system would be the way to resolve systemic problems, including challenges faced by people dealing with mental-health issues.
“They did not expect that the criminal justice system was the means to effecting change,” Greenspon said. “That said, despite the verdict, there is still a very real need for meaningful change to take place.”
Ketcia Peters, former community chair of the Ottawa Police Community Equity Council, called Abdi's death “a tragic and difficult incident for our city” and expressed her condolences to Abdi's family.
“The response to this incident has contributed to long-standing concerns the Black community has had in regard to incidents involving the police. Regardless of the outcome today, we have to continue to use our voice to make our concerns heard and to bring about systemic changes,” Peters said. “It is up to all of us to ensure improvements are made to how police respond to mental-health calls and how police interact with visible minorities.”
This young man who suffered serious mental illness was taken off his medication at the direction of his family three weeks before the incident.