Pastor awarded $60,000 after judge rules traffic stop an illegal arrest

Rikki Jeremiah dragged from his car, handcuffed and knocked to the ground by Hamilton police

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BLACK PREACHER and his family have been awarded almost $60,000 after a judge ruled he was subjected to an illegal arrest and assault by Hamilton police while sitting peacefully in his car on a downtown street in the early hours of Feb. 13, 2012.

Superior Court Justice Toni Skarica determined the five police officers involved in the incident tried to use a routine traffic stop as the pretext to conduct a criminal investigation of Rikki Jeremiah and his passenger, a friend, who were chatting in a parked car outside the friend’s residence at the corner of West Avenue and King Street East.

But the judge rejected Jeremiah’s claim that racism played a role in the incident, which resulted in Jeremiah being forcibly removed from his car, handcuffed and knocked to the ground before being released with no charges laid. Skarica said there was no evidence to support the actions being racially motivated.

Skarica awarded Jeremiah $40,000 in general damages, $9,800 in special damages for expenses and future treatments he will need, and a combined $10,000 to Jeremiah’s spouse and two children.

Jeremiah said he is “100 per cent relieved” the case is over.

“I know being a police officer is a hard job but at the same time, you can’t treat everyone like a criminal,” Jeremiah said Tuesday when he learned of the decision.

“I have absolutely nothing against police, I respect cops,” he said.

“In fact, I’m a driving school instructor — I teach people to obey the law.

“I certainly hope the police learn from this,” added Jeremiah, a 50year-old preacher with the Seventhday Adventist Church on the Hamilton Mountain.

Hamilton Police Services issued a one-sentence response to the verdict: “HPS respects the decision of the court.”

Skarica held the five officers — constables Ian Milburn, Shawn Smith, Brent Gibson, Andrew Poustie and Sgt. Dave Pidgeon — jointly and severally liable for the damages, although they are personally indemnified as employees of the city.

Stephen Chisholm, the City of Hamilton lawyer who represented the officers, said he can’t comment on whether or not the decision could lead to Police Services Act charges against the officers.

“I know being a police officer is a hard job but at the same time, you can’t treat everyone like a criminal.” RIKKI JEREMIAH Pastor, Seventh-day Adventist

On the night in question, a police van with five members of the ACTION team noticed Jeremiah’s Chrysler Sebring parked on West Avenue at around 1:30 a.m., missing its front licence plate. That car model, police alleged, is a frequent target of theft.

Police would quickly realize the car had a dealer licence plate on the back, which means a front plate isn’t necessary. Jeremiah is a car dealer and mechanic.

As the van approached, one of the officers noticed Jeremiah move his hand between the front seats, and they believed he was attempting to conceal something. It turned out to be a Bluetooth earpiece.

It was clear from the officers’ testimony, however, that they were most interested in trying to determine if Jeremiah was hiding something illegal, such as drugs or a weapon.

“This investigation was not about the absence of the front plate,” Skarica wrote in his decision.

“The police were conducting a criminal investigation into what was being concealed in the Chrysler vehicle.”

Milburn approached Jeremiah’s window and asked him for identification. Jeremiah asked why that was necessary, since he was sitting in a parked car with the engine off.

He never received an answer. Tensions escalated, Jeremiah was forcibly dragged from the car, handcuffed and knocked to the pavement, damaging his shoulder.

“It is reasonable to conclude that Const. Milburn was frustrated with Mr. Jeremiah’s refusal to hand over his licence and frustrated with Mr. Jeremiah’s demands for explanation,” Skarica wrote in his 50-page decision.

“The police had the right to question Mr. Jeremiah. He had the right to refuse. The police had the right to ask for identification. Mr. Jeremiah had the right to refuse to provide any documents.”

Once it was clearly no longer a traffic stop, Skarica wrote, Jeremiah had the right to know why he was being detained and why police wanted to search his car.

“The illegal detention led to an illegal arrest which in turn led to an illegal search of his vehicle which was not justified in these circumstances,” Skarica ruled.