Video proves arrest ‘ unlawful’: lawyer

Police say couple were ejected from bar for threatening employees

The forceful arrest of a man by a Port Moody police officer was unlawful and is part of a disturbing trend of police turning on the victim, the man’s lawyer said Wednesday.

Part of last Sunday morning’s arrest was caught on video and shows the officer grabbing a man around the neck and hurling him to the ground.

The actions of the police “were clearly unlawful and represented the use of excessive force, but that’s not where the unlawful activity of the police ends,” said lawyer Matthew Nathanson.

He said if the video hadn’t been recorded, the true version of what happened would not have been revealed. “My clients’ account of what happened in the bar is very different than what has been put out in public by the police.”

Nathanson’s clients, Herbert Ramos and Tracey Ferris, have filed a complaint with the B. C. Police Complaint Commissioner and are demanding an apology for the arrest and mistreatment while in jail.

On Monday, the Port Moody police issued a news release stating that Ramos and Ferris had been ejected from the Golden Spike Pub for assaulting and threatening employees and were continuing to yell at staff when police arrived.

The release described Ramos as “unco- operative” despite multiple warnings.

But Nathanson said that, if you watch the video, the officer on the left side of the screen doesn’t look concerned about Ramos before the incident. “He’s got his thumbs in his pocket like there’s nothing going on. If there was a real threat ( the officers would have) their hands up, they would be dealing with him in a certain way,” he said.

“Instead of owning up to their actions and doing the right thing, they have unfortunately been ... attacking the victim,” said Nathanson. “They’ve employed a strategy of the best defence is the best offence.”

Ramos and Ferris were taken to cells and released when sober, Const. Luke van Winkel said in the release. No charges were laid.