Driver who dragged officer jailed 3 years
A man who bolted from a traffic stop and dragged a Calgary police officer for more than 200 metres along the busy inner-city portion of the Trans-Canada Highway has been jailed for three years.
Court of Queen’s Bench Justice Carolyn Phillips said in sentencing Andrio Martin on Wednesday for dangerous driving causing bodily harm to a police officer that the offender didn’t care if Const. Sean LaBrie was injured or killed by his actions.
“Police officers should not have to fear for their life when doing their duties, such as stopping drivers for speeding,” said Phillips, who convicted Martin, 28, after trial in May 2013.
“The message to Mr. Martin and the public at large is that this will not be tolerated.”
Martin’s vehicle was stopped for speeding by LaBrie at 9:45 a.m. on April 10, 2009, on 16th Avenue, just before Deerfoot Trail.
Court heard Martin co-operated when first stopped but when he got out of his vehicle, LaBrie smelled fresh marijuana and intended to investigate further.
LaBrie asked Martin to get back in his vehicle and pull it onto the grassy boulevard away from traffic so he could fill out a summons for a speeding ticket.
The officer saw Martin put his hands between his legs, apparently searching for something in the vehicle, and LaBrie repeatedly told him to put his hands up where they could be seen.
When Martin started the vehicle, LaBrie thought he was going to flee, so he put his right foot on the driver’s sill and his other leg on the ground in an attempt to pull a resisting Martin out of the vehicle.
“I accept Constable LaBrie’s evidence that he thought he saw Mr. Martin put his gearshift into drive. He saw the gearshift move backwards,” Phillips said. “This was not an accident as Mr. Martin alleges, nor do I accept his contention that he had no reason to drive away when he had already been stopped.
“I am satisfied beyond a reasonable doubt that it was Mr. Martin who intentionally moved the gearshift into drive as he was deliberately trying to drive away.”
The driver’s door then closed and struck the officer on the left hip and back, while he had one hand on the driver.
As the offender’s vehicle accelerated, it headed toward the intersection where Deerfoot Trail goes on to the ramp at 16th Ave. N.W.
LaBrie felt the vehicle was going too fast for him to disengage and he could not push himself free of the vehicle.
“This was very precarious and dangerous for Constable LaBrie, to say the least,” said the judge.
LaBrie saw a Volkswagen heading toward the Martin vehicle and he barely avoided being hit as the Volkswagen struck the driver’s side door. Martin continued to accelerate as his vehicle was going through the red light on the 16th Avenue bridge over Deerfoot Trail.
LaBrie slid on to the driver’s lap and tussled with Martin, eventually stopping the car. Another struggle ensued, with LaBrie restraining Martin with the help of another officer.
Crown prosecutor Cameron Jose, who sought a seven-year prison sentence, said LaBrie had to undergo surgery to his shoulder a year later and was off street duty for 2½ years. Jose also noted Martin had a prior conviction for obstructing a peace officer in his duty.
Defence lawyer Susan von Acten argued her client had already served enough jail time and should be released. She said he had no previous record for driving offences, did not commit the crime while committing another criminal offence and was only minimally speeding.
The judge also prohibited Martin from driving for five years.