Ex-officer says alleged assault victim was aggressor
Former city constable already convicted of police brutality in separate incident
A former city police officer convicted of police brutality denied Wednesday an earlier altercation with a suspect also amounted to an unlawful assault.
Trevor Lindsay said the Dec. 28, 2013 incident, in which Godfred Addai-nyamekye claims he was assaulted while calling for help in frigid winter temperatures, was the result of aggression on the alleged victim's part.
Lindsay said he responded to the then-under construction East Village area of Calgary for a call to check on welfare after Addai-nyamekye made repeated angry calls to 911 looking for assistance.
Addai-nyamekye, wearing just a tracksuit, had been left in the area by two other officers.
But Lindsay said when he arrived to offer assistance, Addai-nyamekye continued to be belligerent and aggressive.
The then-constable, who has since resigned from the Calgary Police Service, said unlike most individuals who welcome police arrival at times of distress, Addai-nyamekye continued to show anger when he arrived at the scene.
Lindsay is being sentenced for aggravated assault in connection with a May 25, 2015 incident behind the former arrest processing unit in the downtown.
The officer punched handcuffed theft suspect Daniel Haworth before body-slamming him to the pavement, causing a skull fracture.
Crown prosecutor John Baharustani wants Justice Michael Lema to find the incident involving Addai-nyamekye also constituted an unlawful assault and can be used as an aggravating factor when determining a fit sentence for Lindsay.
But Lindsay told defence lawyer Don Macleod he had to fight an aggressive Addai-nyamakye before eventually using his Taser on him during the encounter, which occurred around 4 a.m.
When he arrived on the scene, he found Addai-nyamekye standing under a construction awning yelling into the phone.
“He was kind of yelling out expletives,” he told Macleod.
Lindsay said he told him to hang up the phone.
“I was trying to get his attention, he was clearly very animated,” he said.
But instead of calming down, Addai-nyamekye pointed at Lindsay and began coming at the officer, he said.
“He was trying to close the distance between (us) ... for some nefarious purpose.”
Lindsay said he pushed him away, but Addai-nyamekye remained aggressive. Eventually, the officer tackled him to the ground and tried to grab his arms to cuff him, but he continued resisting.
When Addai-nyamekye managed to get his feet under his body, and with Lindsay starting to become exhausted, the officer pulled his Taser and used it.
HAWCS police helicopter video, which only captured the tail end of the altercation, appears to show Lindsay striking and kneeing Addai-nyamekye while he is in handcuffs.
The sentencing hearing continues Friday.