Officer to be disciplined for 2006 Taser incident
Lawyer was taking pictures of arrest when police swooped
The Law Enforcement Review Board has decided disciplinary charges should be laid against a police officer accused of using pejorative language and inappropriate force against an Edmonton lawyer in 2006.
Brian Fish, who brought the complaint forward, said he was “quite pleased” and that the decision was what he expected.
Edmonton Police Association president Tony Simioni said he is disappointed by the decision, and that it’s “less than ideal” for an officer to face a hearing nearly eight years after an incident. He said the police association hasn’t decided yet whether to appeal, because to do so will further delay the proceedings.
The incident took place during Oilers’ victory celebrations on Whyte Avenue during the Stanley Cup playoffs in June 2006.
According to the LERB decision released Tuesday, the incident began when Nigel Fish called his father, Brian, because a friend was being arrested. Brian Fish then went to Whyte Avenue and began photographing the arrest.
The LERB summary of the case says Const. Denise Turkawski told the lawyer to stop taking photographs, and when he didn’t, he was tackled and Tasered.
Fish also alleges that officers made derogatory comments to him and his son.
Both Brian Fish and his son filed complaints after the incident, and decisions and appeals have been winding their way through the police service and the LERB since the incident. Nigel Fish has since abandoned his appeals.
The new LERB decision upholds a previous decision to dismiss complaints against two other officers, but the board found the complaint about Turkawski should not have been dismissed.
The decision directs police Chief Rod Knecht to lay charges of unlawful or unnecessary use of authority against Turkawski for arresting Brian Fish without lawful authority and using “inappropriate force,” and discreditable conduct for using “profane, abusive or insulting language” toward Fish. The decision says Turkawski’s last name is now Zielie.
The Edmonton Police Service did not respond to a request for comment about the decision.
Discussing the lengthy proceedings, both Fish and Simioni used the phrase, “Justice delayed is justice denied.”
Fish says he also has a civil lawsuit pending, which he hinted could be resolved with an offer to settle.
He said he did not recall how much the lawsuit was looking for, but added, “the longer it goes on, the higher it will go.”