Jury finds Dunlop not guilty
Justice says case turned on suspect not knowing armed man was officer
Having taken just two hours to deliberate, a jury has found Jason John Dunlop not guilty of all charges related to an incident that left a Regina police officer with serious injuries two years ago.
Dunlop looked pale as he entered the courtroom to hear the verdict, and appeared emotional afterward. Regina Police Service Cst. Kevin Harris, the officer injured, left the courtroom immediately after the verdict.
A trial began almost two weeks ago for 35-year-old Dunlop on charges of criminal negligence causing bodily harm, dangerous driving causing bodily harm and leaving the scene of an accident in which bodily harm occurred. (During the trial, he entered a guilty plea to evading police during a brief pursuit that took place shortly after the incident that injured Harris. That matter has been set to be spoken to on June 9.)
On Friday, the original 12-person jury became 11 when one member was excused for personal reasons. The remaining 11 listened for approximately two hours to Queen’s Bench Justice Fred Kovach’s instructions before beginning deliberations at about 3:30 p.m.
They returned with their verdict shortly after 5:30 p.m.
During his charge, Kovach provided jurors with an explanation of their role and the law, along with a brief outline of the case as viewed from the perspectives of both Crown and defence.
During the trial, court heard from 17 witnesses about incidents that occurred on May 14, 2014: The collision that left Harris with a severely broken leg and other injuries, and the short pursuit that followed when another police officer spotted the stolen, white Ford F350 driven by Dunlop.
Dunlop conceded he was behind the wheel of the truck, but contended he didn’t know Harris was a police officer when he took the actions he did.
Court heard Harris was working at the time with a plainclothes unit involved in a search for Dunlop, wanted on a Canada-wide warrant for breaching parole. Harris was riding with Sgt. Brent Shannon in an unmarked, black Ford F150 when the white truck was spotted stopped on the 1800 block of Angus Street.
When Shannon pulled up next to the suspect vehicle, Harris told the court he got out with gun drawn but aimed at the ground as he approached the open, driver’s side window, twice stating loudly, “Police! Show me your hands!”
Dunlop, along with two of his passengers, told the court they didn’t hear the command and took the man at the window with the gun to be a “biker” or a “thug” intent on robbing or hurting them. Dunlop said he panicked and took off in the truck, he and his passengers claiming they didn’t know Harris had become pinned between the two trucks or that he was lying in the street once they fled.
In his charge, Kovach said the case turned on whether Dunlop knew Harris was a police officer, Crown and defence counsel having agreed that if the jury found Dunlop didn’t hear Harris’ command or otherwise didn’t know him to be a police officer, they had to acquit.
Kovach reminded the jury it wasn’t up to Dunlop to prove he didn’t know Harris was a police officer; Rather, it was the job of Crown prosecutor Kim Jones to prove Dunlop knew and drove off anyway, risking Harris’ life and safety.
Defence lawyer Dave Andrews argued his client, mistakenly taking Harris to be a threat, took the actions he did out of self-defence or necessity.