Officer on trial for assault defends his use of Taser
Constable says he arrived late to arrest, assumed prone suspect was `assaultive'
An Edmonton police officer accused of unnecessarily using a stun gun on an arrestee said he was taken aback to see a colleague put his boot on the prone suspect's head.
Const. Dustin Adsett took the witness stand Tuesday to defend himself against a charge of assault with a weapon for shocking Lee Van Beaver with a Taser.
Adsett, a former member of the Edmonton Police Service tactical unit, said he and his partner responded to the incident involving Beaver just after midnight on March 23, after hearing a radio call about a man who pointed bear spray at two other officers.
Adsett said two other constables — Doug Fedechko and Oli Olason — were attempting to handcuff Beaver in a walkway beside Ritchie Market. Beaver, 42, claims he tried to surrender peacefully but was instead kicked in the face and jolted with the stun gun. Nearly all of the arrest was captured on security cameras.
Adsett said that when he arrived, Olason had his foot on Beaver's head, which “made no sense to me.”
“It's not a tactic I've ever seen or used or been trained on or contemplated … to have your foot on someone's head.”
The tactic was so unusual Adsett assumed Olason was reacting after having been bear sprayed. Beaver admitted to carrying bear spray, which went off accidentally during the arrest, largely on Fedechko's clothing.
Adsett said his mistaken belief Olason had been sprayed led him to believe Beaver was “an assaultive suspect,” which informed his decision to fire the Taser into Beaver's shoulder.
Adsett said he was “disheartened” when he finally watched the security camera footage two years later during an interview with ASIRT, Alberta's police watchdog. He insisted he did not know that Beaver previously appeared to comply with police directions.
“I obviously had my perception at the time arriving late to what was occurring,” he said.
He added he had not known “that Mr. Beaver had put himself on the ground, and that he was kicked in the head for it.”
Olason is scheduled to face trial in May 2025. He resigned from the police service in late 2021.
The court declined to release video footage of the arrest, pending Olason's trial.
The incident that resulted in Beaver's arrest began when the city police helicopter spotted a man checking car doors near 96 Street and 79 Avenue. Beaver, who happened to be in the area, told court he was “paranoid” and pulled out a can of bear spray after seeing a “blacked out” vehicle following him. The vehicle was, in fact, an unmarked police tactical truck carrying Fedechko and Olason, who flashed their roof lights when they noticed the bear spray.
Beaver initially claimed he set the can of bear spray on the ground to indicate to officers he was unarmed. That evidence was contradicted by the video footage, which showed officers removing the can from Beaver's jacket pockets.
Adsett said in hindsight he would have handled the arrest differently, taking more time to ensure Beaver was co-operative and unarmed before engaging him at close range.
Adsett said he also would have “grabbed onto Const. Olason and removed him from that situation.”
During cross-examination, prosecutor Michelle Kai noted Adsett did not follow standard EPS procedure by shouting “Taser” before deploying the stun gun. Adsett said he did not do this because multiple officers were shouting at the suspect. He said he tried to ask whether Beaver was “assaultive” but did not get an answer from the other officers.
Kai also suggested the use of the Taser was responsible for Beaver rolling on his side, making him more difficult to handcuff.
The trial continues Wednesday with additional defence evidence.
It's not a tactic I've ever seen or used or been trained on or contemplated … to have your foot on someone's head.
DUSTIN ADSETT