Officers found not guilty of assault

Two Edmonton Police Service officers were acquitted of assault Friday after a judge decided their use of force in a 2012 arrest was justified.

Provincial court Judge Brad Kerby found Const. Barry Fairhurst, 37, and Const. David Olsson, 39, not guilty after concluding that punches and kicks were necessary to control and arrest Mark Gamroth in the early morning of Sept. 4, 2012.

“The stun blows and kicks applied in an attempt to put Mr. Gamroth under arrest, all those blows were not of unnecessary force or excessive,” Kerby said. “Both of the officers’ actions were authorized by law.”

On Friday morning, both the prosecution and defence argued the case came down to credibility. Kerby rejected Gamroth’s evidence after he admitted lying on the witness stand about whether he’d read court documents related to the case.

Though Fairhurst’s testimony differed from his original notes, Kerby told court he believed the officer was a “credible, truthful and reliable witness.”

After the verdict, the two officers smiled and hugged supporters outside the courtroom.

The night of the arrest, the officers arrived at Gamroth’s east-Edmonton home to investigate a report that he drunkenly drove home after an argument at his daughter’s house that ended with a 911 call.

Gamroth testified he was angry and belligerent with police, but denied he posed any physical threat before he was “sucker-punched” by one of the officers, then beaten as he tried to protect himself.

Fairhurst told court Gamroth was so aggressive that officers feared for their safety and force was necessary to arrest him for public intoxication. Fairhurst struck Gamroth in the face the first time, the officer said, after Gamroth smacked his hand away during the arrest.

“It was the most difficult altercation I’ve ever been involved with as a police officer,” Fairhurst said. “He was extremely agitated. I did not feel safe at all.”

The two officers struck Gamroth while he was on the ground, and again when he was handcuffed.

Gamroth was charged with resisting arrest after the incident. That charge has since been withdrawn. rcormier@edmontonjournal.com