Regina officer not guilty of assault charge laid after open liquor incident
A Regina Provincial Court judge focused heavily on police in-car video in finding Regina Police Service Const. Roger Wiebe not guilty of assault.
Judge Kevin Lang said when played at regular speed and without any context, the video might appear to tell a story. But, he added, that story may not be entirely accurate upon listening to the breadth of evidence presented at trial or when doing what Lang did and watching frame by frame.
Wiebe was charged with common assault against an unknown female, accused of pushing her down during an assist citizen call on April 21. Court heard someone working at a business near the intersection of 10th Avenue and Angus Street called 911 out of concern for a woman seen lying on the ground outside.
Several police officers — Wiebe among them — responded but struggled to find the subject of the call. Court heard when they encountered the woman on the street, she didn't fit the description provided by the witness, leaving them uncertain she was the right person. (It was eventually learned she was, but not until after the incident.)
Lang said the woman police encountered had an open bottle of alcohol and that police told her to dump it out or move on, in accordance with legislation about drinking in public places. She reportedly swore at officers.
Still attempting to find the subject of the call, police left but ended up coming back around. Lang said it was during the third police encounter with the woman that the incident occurred. The woman was described as non-compliant when told to hand over the bottle.
Wiebe testified he was concerned if she continued to drink, she'd eventually wander into traffic or onto the nearby rail line. He opted to take the alcohol, intending to dump it before carrying on with the original call.
The issue before the court centred on approximately three seconds, captured on police in-car video. While the woman never came forward with a complaint, one of the officers on scene reported it, sparking an investigation.
“Without any context, the video shows the unknown female falling fairly hard and viewers see Const. Wiebe's hand on her,” Lang said. “Without more, it's possible to conclude that Const. Wiebe must have caused her to fall. Indeed, it is a possibility that he did.”
But Lang added he had the benefit of watching the video frame by frame and weighing what he saw against testimony heard at trial. He also considered the police's use of force model, which lays out the way force is to be used in unfolding situations.
Wiebe testified the woman was proving difficult, refused to hand over the bottle and turned in a way he couldn't fully see her hands — raising the issue of officer safety.
He said he put a hand on one of her shoulders to maintain a safe distance between them and grabbed the bottle with the other hand. In viewing the video frame by frame, Lang said Wiebe's arm is bent as the woman appears to begin falling backward, suggesting the fall might not have been due to a push but her own resistance against the taking of the bottle.
“It would be more likely that she is falling backwards from her own momentum,” Lang said.
Lang found nothing improper
It would be more likely that she is falling backwards from her own momentum.
in Wiebe's using a hand to keep distance between himself and the woman, in part because Wiebe was conscious of the possible presence of a weapon.
“In this day and age and with the prevalence of weapons on our Regina city streets, this action in itself seems reasonable,” Lang said.
Defence lawyer Aaron Fox said Wiebe — currently on medical leave — was relieved by the verdict.